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Maryland Roommate Agreement

A Maryland room rental agreement, commonly referred to as a roommate agreement, is a contract that allows individuals to share a dwelling with one or more co-tenants. This agreement establishes the rules and responsibilities for those living together, ensuring clarity in their shared living situation.

Maryland Roommate Agreement

Maryland Roommate Agreement

Quick Guide To Writing a Maryland Room Rental Agreement

  1. Parties Involved: Clearly specify who is making the agreement, the location of the property, and the identity of the landlord. Include current contact information for all signatories.

  2. Lease Term: Document the term of the existing lease and the duration of the roommate agreement.

  3. Security Deposit: Discuss how the security deposit will be divided among roommates and outline the rules for its return or deduction.

  4. Rent Amount: Specify the total rent amount and detail how it will be divided among the roommates.

  5. Utility Payments: Determine how utility payments will be split and identify who is responsible for sending payments to the utility companies.

  6. Rules for Violations: Establish rules regarding violations of the lease or roommate agreement, including procedures for when someone needs to move out early.

  7. House Rules: List any house rules concerning food, cleaning, guests, and other shared responsibilities.

  8. Bedroom Division: Assign bedrooms and clarify which areas will or will not be shared among roommates.

  9. Signatures: Ensure that all parties sign and date the agreement, and attach the completed landlord consent form.

Types of Roommate Arrangements in Maryland

There are three basic types of roommate arrangements recognized by law:

Co-Tenancy

In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibilities to the landlord. This means that if one co-tenant violates the lease rules, all co-tenants are liable for the consequences. Co-tenants do not have the authority to evict one another; any misconduct must be addressed through the landlord.

Subtenancy

In a subtenancy, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing any rental issues that may arise. Subleasing typically requires the landlord’s permission, and doing so without consent can lead to eviction.

At-Will Tenancy / Guest Tenancy

This arrangement is informal and may exist with or without the landlord’s consent. In Maryland, it lasts until the roommate pays rent, which can create a co-tenancy if the landlord accepts the payment or a subtenancy if the original tenant accepts it. Landlords can impose limits on how long a guest may stay without being on the lease.

Lease Violations in Roommate Situations

Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that any co-tenant can be held fully responsible for lease violations. For example, if one roommate fails to pay their share of the rent, the landlord can demand the full payment from any of the co-tenants.

If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant remains liable for any violations committed by the roommate.

Resolving Roommate Disputes in Maryland

In the event of a dispute, the original lease takes precedence over the roommate agreement. House rules regarding shared responsibilities are generally not enforceable in court. Co-tenants may consider mediation or arbitration as a means to resolve disagreements that do not pertain to the lease.

Rental Application

A rental application is used by a landlord to verify that a potential tenant can pay rent on time.

Statutes

FAQs

A Maryland roommate agreement is a contract that outlines the terms and conditions for individuals sharing a living space. It specifies responsibilities, rent distribution, utility payments, and house rules among co-tenants.

Key components include the names of the parties involved, property details, lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for resolving disputes.

Co-tenancy means that all roommates are on the same lease with equal responsibilities to the landlord. This arrangement requires all co-tenants to sign the original lease and share liability for any lease violations.

In Maryland, all co-tenants are jointly and severally liable for lease violations, meaning the landlord can pursue full recovery from any co-tenant for unpaid rent or other lease breaches.

The roommate agreement should specify the procedures for moving out early, including how to handle rent payments and security deposit returns. It’s important to discuss this with all parties involved to avoid disputes.

While house rules can be established in a roommate agreement, they are generally not enforceable in a court of law. The original lease takes priority in case of disputes.

Co-tenancy involves all roommates being on the same lease, while subtenancy occurs when the original tenant rents to another person without the landlord’s consent. Subtenancy can lead to legal issues if not properly authorized.

Roommates should agree on how to split utility payments in the roommate agreement, specifying who is responsible for paying each utility and how costs will be divided among them.

The security deposit agreement should outline how the deposit will be split among roommates, the conditions for returning it, and any deductions that may apply for damages or unpaid rent.