Maryland Standard Residential Lease Agreement

Written Lease Requirements

When Written Leases Are Required

Under Maryland Real Property Code Section 8-208 ^[3], landlords who offer five or more dwelling units for rent in Maryland may not rent a residential unit without using a written lease.

Consequence of No Written Lease: If a landlord fails to use a written lease when required, the tenancy is presumed to be for one year from the date of first occupancy, unless the tenant terminates earlier with one month's written notice.

Mandatory Lease Contents

Every written lease must include:

Habitability Statement: A statement that the premises will be made available in a condition permitting habitation with reasonable safety, OR a statement of the agreement concerning the condition of the premises ^[3]

Utilities and Repairs: Specific obligations of landlord and tenant regarding heat, gas, electricity, water, and repair of the premises ^[3]

Security Deposit Receipt: A receipt complying with Section 8-203.1 ^[4]

Tenant Bill of Rights: The Maryland Tenant Bill of Rights from DHCD (effective July 1, 2025) ^[2]

Automatic Renewal Clauses

Special requirements apply to automatic renewal provisions:

For renewal periods exceeding one month, the automatic renewal clause must be: ^[3]

Distinctly set apart from other lease provisions

Include space for the tenant's written acknowledgment

Be specifically accompanied by the tenant's initials, signature, or witnessed mark

Consequence: An automatic renewal provision without the tenant's specific acknowledgment is unenforceable by the landlord. However, this does not affect the validity of the rest of the lease.

Prohibited Lease Provisions

The following lease provisions are prohibited and unenforceable: ^{[3] [5]}

Confession of Judgment: Clauses authorizing any person to confess judgment on a claim arising from the lease

Waiver of Legal Rights: Provisions requiring tenants to waive any rights or remedies provided by law

Waiver of Jury Trial: Clauses waiving the tenant's right to a jury trial

Exculpatory Clauses: Provisions that indemnify the landlord or preclude liability for injury, loss, or damage caused by landlord negligence (Section 8-105) ^[5]

Excessive Late Fees: Late payment penalties exceeding the statutory maximum (see Section 5)

Shortened Notice Periods: Requirements for notice periods shorter than those provided by law

Tenant Remedies: If a landlord includes prohibited provisions and attempts to enforce them, the tenant may recover actual damages plus reasonable attorney's fees. ^[3]

Required Disclosures

Security Deposit Receipt (section 8-203.1)

A security deposit receipt must notify the tenant of: ^[4]

Right to Move-In Inspection: The tenant may request, by certified mail within 15 days of occupancy, an inspection in the tenant's presence to create a written list of pre-existing damages

Right to Move-Out Inspection: The tenant may request to be present at the move-out inspection by providing 15 days' certified mail notice before the intended move date

Inspection Timing: The landlord must conduct the move-out inspection within 5 days before or after the tenant's stated moving date

Penalty: Failure to provide a written receipt: $25 liability to tenant. ^[4]

Lead-Based Paint Disclosure

For properties built before 1978: ^[6]

Provide EPA pamphlet: "Protect Your Family From Lead In Your Home"

Provide MDE (Maryland Department of Environment) Notice of Tenant's Rights

Provide copy of lead inspection certificate

Complete and sign Lead-Based Paint Disclosure Form before lease execution

Register property with MDE annually ($30 fee)

Governing Law: Maryland Code, Environment Section 6-8 (Reduction of Lead Risk in Housing Act) ^[6]

Ratio Utility Billing System (Rubs) Disclosure

If the landlord uses a ratio utility billing system, the following must be disclosed in writing before lease execution: ^[7]

Statement that tenant will be billed for allocated utility services

Copy of the last two utility bills issued to landlord

Description of the allocation method by utility

Statement that billing disputes are between tenant and landlord

Average monthly bill for the property in the prior calendar year

Statement of tenant's right to inspect billing records

Information about additional service charges or administrative fees

Consequence: Failure to provide required RUBS disclosure makes the utility billing provision unenforceable. ^[7]

Mold Disclosure (effective 2025)

Under the Maryland Tenant Mold Protection Act: ^[8]

Provide informational pamphlet at lease signing

Disclose in writing before move-in: visible mold, water intrusion, or documented remediation history

Cannot rent while concealing known mold problems

Maryland Tenant Bill of Rights

Effective July 1, 2025: Landlords must attach the Maryland Tenant Bill of Rights to every lease. ^[2] This document is updated annually by DHCD and summarizes tenant rights under state and federal law.

Security Deposits

Maximum Amount

General Rule (Effective October 1, 2024): The maximum security deposit is one month's rent. ^[9]

The tenant qualifies for utility assistance through the Department of Human Services, AND

The lease requires the tenant to make utility payments directly to the landlord, AND

Both parties agree in writing

Penalty for Excess Deposit: Tenant may recover up to three times the excess amount charged, plus reasonable attorney's fees. ^[9]

Handling Requirements

Security deposits must be: ^[9]

Held in a federally insured financial institution within Maryland

Placed in a dedicated account within 30 days of receipt

Held in an account devoted exclusively to security deposits

Accrue interest at the greater of the 1-year Treasury yield or 1.5% annually

Alternative: Deposits may also be held in insured certificates of deposit or government securities within Maryland. ^[9]

Return Timeline

Within 45 days after the tenancy ends, the landlord must: ^[9]

Return the security deposit WITH accrued interest, OR

Provide an itemized statement of deductions and return the balance with interest

Permissible Deductions: Unpaid rent, lease breaches, or tenant-caused damage exceeding ordinary wear and tear. ^[9]

Penalties: ^[9]

Failure to provide itemized statement: Forfeiture of right to withhold

Wrongful withholding without reasonable basis: Up to three times the withheld amount plus attorney's fees

Surety Bond Alternative

Tenants may purchase a surety bond instead of paying a traditional security deposit: ^[9]

Maximum bond amount: Two months' rent

Must be issued by a Maryland Insurance Administration-licensed carrier

Bond is nonrefundable and is NOT insurance

Bond protects the landlord, NOT the tenant

Tenant remains liable for all damages and unpaid rent

Rent Payment and Late Fees

Rent Due Date and Grace Period

Late Fee Limits

Maximum Late Fee: 5% of the unpaid rent amount due for the rental period. ^[3]

Weekly Rentals: $3 per late payment, maximum $12 per month. ^[3]

October 2025 Update (HB 273): Late fees must be calculated on the unpaid balance only, not the full monthly rent. ^[11]

Consequence of Excess Fees: If the lease specifies a late fee exceeding the legal maximum, the landlord cannot collect ANY late fee. ^[3]

Landlord Obligations

Implied Warranty of Habitability

Under Maryland Real Property Code Section 8-211 ^[12], landlords must repair and eliminate conditions that:

Constitute a fire hazard

Present a serious and substantial threat to life, health, or safety

Include lack of heat, light, electricity, or hot/cold running water

Involve structural defects presenting serious physical safety threats

Present health or fire hazards

Repair Timeline

Notice Requirement: Tenant must notify landlord by: ^[12]

Certified mail listing defects, OR

Actual notice of defects, OR

Written violation notice from a government agency

Repair Period: The landlord has a "reasonable time" to make repairs. A 30-day period is presumed unreasonable (rebuttable based on severity and danger). ^[12]

Tenant Remedies for Habitability Violations

If the landlord fails to make required repairs, tenants may: ^[12]

Rent Escrow: Pay rent into court through a rent escrow action

Affirmative Defense: Raise habitability defects as defense to eviction

Lease Termination: Move out and cancel the rental agreement

Note: Maryland does NOT allow repair-and-deduct

Court Remedies: The court may order rent abatement, lease termination, or require the landlord to make repairs. ^[12]

Mold Assessment and Remediation

Under the Maryland Tenant Mold Protection Act (2025): ^[8]

Assessment: Within 15 days of receiving written tenant notice

Remediation: Within 45 days after mold is detected (or reasonable time if not feasible)

Landlord Entry

Current Law: Maryland has no specific state statute requiring advance notice for landlord entry. Best practice is 24 hours' notice. ^[13]

Effective October 2025: Landlords must provide 24 hours' written notice before entry for inspections or repairs. Entry is limited to Monday-Saturday, 7am-7pm (except emergencies). ^[2]

Local Requirements: Prince George's County already requires 24 hours' notice. ^[13]

Tenant Rights and Protections

Retaliatory Eviction Protection

Under Section 8-208.1 ^[14], landlords are prohibited from evicting, raising rent, or decreasing services in retaliation for:

Filing a good faith written complaint with the landlord or any public agency

Filing or participating in a lawsuit against the landlord

Being a member or organizer of a tenant organization

Duration: Protection lasts 6 months after court or agency determination. ^[14]

Limitation: Not available if tenant has 3 or more judgments for unpaid rent in the prior 12 months. ^[14]

Remedies: Up to 3 months' rent compensation, plus attorney's fees and court costs. ^[14]

Right to Quiet Enjoyment

Tenants have the right to quiet enjoyment of the rental property. Landlords may not interfere with this right through harassment, unauthorized entry, or failure to maintain habitability.

Lease Termination

Month-To-Month Tenancies

Landlord Notice Requirements (Section 8-402): ^[15]

General Rule: 60 days' written notice before termination

Exceptions (30 days' notice): ^[15]

Baltimore City

Montgomery County

Landlords who own 5 or more rental units

Properties in foreclosure

Tenant Notice Requirements (Section 8-501): ^[16]

Tenants must provide 30 days' written notice to terminate a month-to-month tenancy. ^[16]

Fixed-Term Leases

Fixed-term leases expire at the end of the stated term. No notice is required unless the lease contains an automatic renewal provision (see Section 2.3).

Duty to Mitigate Damages

Under Section 8-207 ^[17], if a tenant breaches the lease and vacates early, both parties have a duty to mitigate damages. The landlord must make reasonable efforts to re-rent the property, and the tenant is only liable for rent until a new tenant is found.

Eviction Procedures

Failure to Pay Rent (section 8-401)

Process: ^[10]

Notice: Landlord provides 10-day written notice to pay or vacate

Court Filing: If rent remains unpaid, landlord files failure to pay rent action in District Court

Hearing: Court hears the case

Judgment: If landlord prevails, court issues judgment for possession

Right of Redemption: Tenant may pay all past due amounts, costs, and fees at ANY time before actual eviction execution

Breach of Lease (section 8-402.1)

For lease violations other than nonpayment of rent: ^[18]

Landlord provides 30-day written notice specifying the breach

Tenant has opportunity to cure the breach

If breach is not cured, landlord may file for eviction

Court determines if eviction is warranted

Holdover (section 8-402)

When a tenant remains after lease expiration or termination: ^[15]

Landlord must provide proper notice (see Section 8.1)

If tenant refuses to leave, landlord files complaint in District Court

Tenant is liable for actual damages caused by holding over

Minimum damages: Apportioned rent at the lease rate

Fair Housing Requirements

Maryland fair housing law provides broader protections than federal law. ^[19]

Protected Classes

Discrimination is prohibited based on: ^[19]

Race

Color

Religion

Sex

National origin

Familial status (families with children, pregnant individuals)

Disability

Marital status

Sexual orientation

Gender identity

Source of income (including Section 8 vouchers) - Maryland-specific protection

Disability Accommodations

Landlords must: ^[19]

Allow reasonable modifications to the unit or common areas at tenant's expense

Make reasonable accommodations in rules, policies, practices, or services

Not charge additional fees or deposits based on disability

Local Variations

Montgomery County - Rent Stabilization

Effective July 23, 2024: ^[20]

Applies to licensed rental units 23+ years old

Maximum annual increase: Lesser of (CPI-U + 3%) or 6%

Current limit (July 2025-June 2026): 5.7%

90-day written notice required before any increase

Only one increase permitted per 12-month period

Prince George's County

Prince George's County enacted the Permanent Rent Stabilization and Protection Act of 2024, limiting rent increases and requiring 24-hour landlord entry notice. ^[20]

Baltimore City

Baltimore City has specific rules for disposal of tenant possessions after eviction. 30-day notice applies for month-to-month terminations. ^[15]