Maryland
A Maryland lease agreement is a legal document that establishes the terms and conditions for renting property between a landlord and their tenant(s). It is crucial for landlords to select reliable tenants, which involves checking their rental and credit histories to minimize risks associated with lease agreements.
SimpleBasicLease_Maryland
Rental Lease Laws Overview
Maryland does not have state-wide rent control laws. There is a limit on late fees, which must be specified in the rental agreement. However, there is no state-mandated grace period for late rent payments. In some counties, landlords are required to hold a license.
Required Lease Disclosures
Maryland law mandates specific disclosures that landlords must provide when executing a lease agreement:
- Ratio Utility Billing System (RUBS) Disclosure: Required for landlords using a ratio utility billing system for utilities.
- Move-in/Move-out Checklist: Landlords must inform tenants of their inspection rights before move-in and at lease end, allowing tenant presence during inspections within five days of the lease start and end.
- Security Deposit Receipt: Landlords must provide a receipt for the security deposit.
- Identification: The lease must include the name, address, and contact number of the landlord and any authorized representatives for notices or service of process.
- Habitability: The agreement must confirm that the property will be in a condition suitable for habitation.
- Lead-Based Paint Disclosure: Required for rental properties built before 1978.
Security Deposit
Landlords may request a maximum of two months’ rent as a security deposit. A receipt for the security deposit must be provided to the tenant, and the deposit must be held in an interest-bearing account. Additionally, the security deposit must be kept in a separate bank account designated for security deposits. Landlords are required to return the security deposit within 45 days after the tenancy ends, and if any amount is withheld, they must provide an itemized list of damages within the same timeframe.
Rent Payments
Rent is due on the date specified in the lease agreement. The maximum late fee allowed is 5% of the monthly rent, and there is no state-mandated grace period. Tenants may withhold rent if there are serious defects in the property that threaten health or safety.
Landlord Right of Entry
There are no specific state statutes requiring a notice period for entry; however, a notice period of 24-48 hours is recommended. It is illegal for landlords to change locks without a court order.
Property Repairs
Landlords are required to maintain rental properties in a habitable condition. If the landlord fails to make necessary repairs, tenants may deduct the cost of those repairs from their rent. Maryland law does not specify a time period for property abandonment.
Terminating a Lease
For month-to-month tenancies, either party must provide 60 days’ notice to terminate the lease. Landlords are not required to store personal property abandoned by the tenant.
Statutes
- Md. Code, Real. Prop. § 8-203(b)(1) – Security deposits
- Md. Code, Real. Prop. § 8-203(c) – Security deposits
- Md. Code, Real. Prop. § 8-203(e)(1)(2)(3) – Security deposits
- Md. Code, Real. Prop. § 8-203(e)(4) 8-203(g)(1)(2) – Deadline for Returning Security Deposit
- Md. Code, Real. Prop. § 8-203 – Security deposits
- Md. Code, Real. Prop. § 8-203.1(b) – Security deposit receipt
- Md. Code, Real. Prop. § 8-203.1 – Security deposit receipt
- Md. Code, Real. Prop. § 8-208(d)(3) – Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability
- Md. Code, Real. Prop. § 8-208(1) – Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability
- Md. Code, Real. Prop. § 8-208(d)(6) – Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability
- Md. Code, Real. Prop. § 8-208.1 (1-3) – Retaliatory actions
- Md. Code, Real. Prop. § 8-211 – Repair of dangerous defects; rent escrow
- Md. Code, Real. Prop. § 8-207 – Duty of aggrieved party to mitigate damages on breach of lease; secondary liability of tenant for rent
- Md. Code, Real. Prop. § 8-401 – Failure to pay rent
- Md. Code, Real. Prop. § 8-402(b)(3) – Holding over
- Md. Code, Real. Prop. § 8-402.1(a)(1) – Breach of lease
- Md. Code, Real. Prop. § 8-5A-02(a) – Termination of lease
- Md. Code, Real. Prop. § 8-5A-03 – Notice – Victim of sexual assault
- Md. Code, Real. Prop. § 8-5A-04 – Action for possession of property
FAQs
In Maryland, the maximum late fee that a landlord can charge is 5% of the monthly rent. However, there is no state-mandated grace period for rent payments.
Landlords in Maryland can request a maximum of two months’ rent as a security deposit. They must provide a receipt for the deposit, hold it in an interest-bearing account, and return it within 45 days of the tenancy’s end, along with an itemized list of any withheld amounts.
Tenants in Maryland can withhold rent if there are serious defects in the rental property that threaten health or safety. It is important for tenants to document these issues and communicate with the landlord before taking this action.
Maryland lease agreements must include several disclosures, such as the identification of the landlord, a lead-based paint disclosure for properties built before 1978, and a move-in/move-out checklist. Additionally, if a ratio utility billing system is used, that must be disclosed as well.
While Maryland law does not specify a required notice period for landlords to enter a rental property, it is recommended that landlords provide 24-48 hours’ notice to tenants before entry.
Landlords in Maryland are required to maintain rental properties in a habitable condition. If a landlord fails to make necessary repairs, tenants have the right to deduct the cost of repairs from their rent.
To terminate a month-to-month lease in Maryland, either party must provide a 60-day notice to the other party. This notice period allows both parties to prepare for the end of the tenancy.
In Maryland, landlords must return the security deposit within 45 days of the tenancy’s end. If any amount is withheld for damages, the landlord must provide an itemized list of those damages within the same 45-day period.