Maryland

A Maryland standard residential lease agreement is a legal contract between a landlord and a tenant for the use of a residence, typically binding both parties for a fixed period, commonly one year.

Maryland Standard Residential Lease Agreement

Required Disclosures

Maryland law mandates specific disclosures that must be included in residential lease agreements:

  1. Agent/Landlord Identification: The lease must include the name and contact details of the landlord or an authorized agent.

  2. Lead-Based Paint Disclosure: If the property was built before 1978, the tenant must be informed about the potential presence of lead-based paint and provided with an EPA pamphlet.

  3. Security Deposit Receipt: Landlords must provide a receipt for any security deposit collected.

  4. Move-in/Move-out Checklist: This checklist must be provided to the tenant before move-in to assess damages and repairs.

  5. Habitability: The lease must include a commitment from the landlord to keep the property habitable and outline both parties’ obligations regarding utilities and repairs.

  6. Ratio Utility Billing System (RUBS) Disclosure: If applicable, landlords must disclose how utility billing is managed when utilities are shared among multiple tenants.

Security Deposit Laws

  • Maximum Amount: The maximum security deposit a landlord can collect is two months’ rent.
  • Returning: The security deposit must be returned within 45 days after the lease agreement’s termination. If any amount is withheld, the landlord must provide an itemized list of deductions within the same timeframe.

Rent Payment Laws

  • Grace Period: There is no state-mandated grace period for rent payments.
  • Maximum Late Fee: A late fee can be charged up to 5% of the monthly rent.
  • NSF Fee: Landlords may charge up to $35 for a bounced check.

Additional Lease Agreement Information

Types of Lease Agreements

  1. Standard Residential Lease Agreements: Fixed-term agreements lasting several months or years.
  2. Month-to-Month Rental Agreements: Flexible agreements that can be renewed or terminated on a monthly basis.
  3. Commercial Lease Agreements: For properties intended for business use.
  4. Room Rental Agreements: For renting individual rooms in shared properties.
  5. Lease to Own Agreements: Allowing tenants the option to purchase the property.
  6. Sublease Agreements: Permitting tenants to reassign their rental to another individual with the landlord’s permission.

Consequences of Not Including Mandatory Disclosures

Failure to provide required disclosures can lead to legal consequences, including fines and unenforceable lease provisions. For instance, not complying with lead-based paint hazard disclosure can result in significant fines.

Terminating a Lease

For month-to-month tenancies, either party must provide 60 days’ notice to terminate the agreement.

Landlord’s Right of Entry

While Maryland law does not specify a notice period for landlord entry, it is recommended to provide 24-48 hours’ notice.

FAQs

In Maryland, a residential lease agreement must include several required disclosures: the landlord’s identification, a lead-based paint disclosure for properties built before 1978, a security deposit receipt, a move-in/move-out checklist, a statement of habitability, and a Ratio Utility Billing System (RUBS) disclosure if applicable.

In Maryland, the maximum amount a landlord can charge for a security deposit is two months’ rent. Additionally, the landlord must return the security deposit within 45 days of the lease’s termination.

No, Maryland does not mandate a grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords can charge a late fee of up to 5% of the monthly rent if payment is not received on time.

A security deposit receipt in Maryland must include information about the tenant’s right to inspect the rental unit within 15 days of moving in, the landlord’s obligation to conduct a move-out inspection, and the timeline for returning the security deposit along with an itemized list of any deductions.

Yes, a lease can automatically renew in Maryland. Typically, when the initial lease term ends, it converts to a month-to-month rental agreement unless either party provides notice to terminate.

Landlords who fail to include mandatory disclosures in Maryland lease agreements may face legal consequences, including potential fines and the unenforceability of certain lease provisions. This is particularly critical for disclosures related to lead-based paint hazards.

A rental application in Maryland is used by landlords to assess a prospective tenant’s reliability and ability to pay rent on time. It typically collects information about the tenant’s employment and credit history.

In Maryland, landlords must return the security deposit within 45 days of the lease’s termination. If any deductions are made, the landlord must provide an itemized list of damages to the tenant within the same timeframe.