Key Takeaways
- The Landlord and Tenant section in the Code of Maryland defines the laws surrounding leases.
- Security deposits are limited to two (2) months’ rent and must be returned within 45 days.
- Lessors cannot evict lessees as retaliation. However, when evicting them, lessors must go through the court.
- There are no statutory laws surrounding a lessor’s right of access. As such, it’s up to the lessor on how much notice they provide.
- There are six (6) disclosures lessors must add to their lease or otherwise notify the lessee of in writing.
Maryland Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use Residential Rental AgreementUtilize this standard template when leasing a residential property in Maryland, outlining the specific terms and conditions agreed upon between a landlord and a tenant for the rental period.
Maryland Apartment Lease
Use this template when leasing an apartment specifically in Maryland, detailing the rental terms and obligations between a landlord and a tenant within an apartment complex.
Maryland Room Rental
Employ this template when renting out a single room within a residential property in Maryland, defining the terms and responsibilities agreed upon between the landlord and the tenant occupying the room.
Maryland Month-to-Month Lease
Utilize this template when establishing a month-to-month rental agreement for residential or commercial properties in Maryland, offering flexibility without the commitment of a long-term lease.
Commercial Lease Agreement
Use this template when leasing a commercial property in Maryland, outlining the terms and conditions between a landlord and a tenant for business use.
Lease to Purchase Agreement
Utilize this template when entering into a lease agreement with an option to purchase a property specifically in Maryland, defining the terms for both the lease and potential purchase.
Sublease Agreement
Employ this template when subleasing a residential or commercial property in Maryland, detailing the agreement between the original tenant (sublessor) and the new tenant (sublessee), including responsibilities and terms.
Understanding Maryland Rental Laws
In the Code of Maryland, under the Article: Real Property (§§ 1-101 to 15-103), Title 8: Landlord and Tenant, you’ll find all the relevant laws surrounding leases. Plus, Title 8A: Mobile Home Parks and Title 8B: Manufactured Homes that are specific to these lease types.
| Laws | Name | Description |
| Subtitle 1, Section 8-101 to 8-118.1 | General Rules | General provisions regarding leases, such as limitations on actions, lease renewals, and more. |
| Subtitle 2, Section 8-208 | Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability | A section that describes under which circumstances a landlord requires a written lease and how they can terminate the lease |
| Subtitle 2, Section 8-204 | Covenant of quiet enjoyment; | The tenant has the right to possess the property in quiet enjoyment while the lease is active. |
| Subtitle 2, Section 8-211 | Repair of dangerous defects; rent escrow | Clauses regarding notice period for repairs at the tenant’s request. |
| Subtitle 2, Section 8-203 to 8-203.1 | Security deposits; Security deposit receipt | All terms regarding security deposits and what landlords must do with them. |
| Subtitle 2, Section 8-216; Subtitle 4, Sections 8-401 to 8-406 | Prohibition on nonjudicial evictions by willful diminution of services;Landlord’s Remedies Other Than Distraint | Eviction processes for different violations. |
| Subtitle 2, Section 8-209 | Notification of residential rental fee increases | Explanation of the rent control laws in the state and how that influences the rent increase notice period. |
| Title 8A, Section 8A-101 to 8A-1903; Title 8B, Section 8B-101 to 8B-302 | Mobile Home Parks;Manufactured Homes | It’s separate laws governing other residential leases, such as manufactured and mobile home parks. |
Security Deposit Limits
- All security deposits can be up to a maximum of two (2) months’ rent.
- Upon receiving the security deposit, the lessor must provide the lessee with a written receipt, along with a copy of the lease.
- Lessees can also choose to buy a surety bond instead of paying the security deposit. However, the lessor must agree to it.
- The lessor must pay interest on the security deposit at a rate of 1.5% annually or using the daily U.S. Treasury rate.
- They must return this interest on the amount to the lessee along with the security deposit at the end of this lease.
- Maryland lessors must keep the security deposit in a separate account from personal funds.
- Lessors have 45 days to create a list of itemized deductions and return the security deposit to the lessee.
Eviction Procedures
- Lessors cannot evict lessees as a form of retaliation. However, they can evict lessees for the following reasons:
- Failure to pay rent: Requires no written notice
- Violation of lease terms: Requires 60-day written notice
- Harmful or criminal activities: Requires 14-day written notice
- Lessors aren’t legally obligated to allow lessees the chance to cure the violation if it’s harmful or criminal.
- A lessor must file a complaint for eviction with the local court.
Right to Enter (Landlord)
- Maryland doesn’t state specific laws surrounding a lessor’s right of entry. As such, lessors technically don’t have to provide any notice before entering the property.
- Most lessors will add a notice of entry (typically between 24 and 48 hours) in the lease. This clause ensures clear communication and good relations between the lessor and the lessee.
- If a lessor adds notice of entry requirements, it doesn’t necessarily have to be in writing.
- It’s a reasonable expectation that the lessor can only enter the premises for valid reasons, such as maintenance, repairs, and inspections.
Disclosures
There are various mandatory disclosures, which can change depending on the county and local laws. However, the below ones are applicable in all of Maryland:
- Lead-Based Paint Disclosure
- Names and Addresses of Authorized Parties
- Security Deposit Receipt
- Water & Sewage Utility Obligation
- Lessee’s Right to Itemized Statement of Deductions
- Lessor’s Right to Inspection
