When it comes to a Maryland lease agreement, flexibility doesn’t necessarily mean informality. This type of tenancy at will allows the agreement to continue without a fixed end date, renewing month-to-month until either the landlord or the tenant gives notice.
Even so, a Maryland month-to-month lease agreement still carries full legal force. State law applies to these rentals the same way it applies to longer leases, covering all aspects of the rental relationship. The sections below explain how Maryland handles month-to-month tenancies and what landlords need to consider before offering one.
Disclosures (6)
Maryland requires landlords to provide several disclosures before a tenant takes possession of the unit. These disclosures focus on transparency, safety, and tenant protections.
- Lead-based paint: Federal law says landlords must share any known information about lead-based paint and its hazards for homes built before 1978, and give tenants the EPA’s lead safety pamphlet.
- Landlord identification: Maryland law requires landlords to provide the name and contact information of the landlord or the person who is authorized to manage the property in the lease template (Md. Code, Real Prop. § 8-210).
- Security deposit receipt: When a landlord collects a security deposit, they must give their tenant a detailed written receipt (Md. Code, Real Prop. § 8-203(c)(1), 8-203.1).
- Shared utilities: If any of the units share a utility meter, or if the landlord shares a meter with their tenant, they must disclose how they will divide the charges (Tenant Protection Act of 2022).
- Habitability disclosure: A lease template should include a statement on habitability and safety, including any known defects and the person responsible for repair (Md. Code, Real Prop. § 8-212).
- Renters’ Rights and Stabilization Act: Landlords should include a copy of the 2024 Renters’ Rights and Stabilization Act with every lease agreement.
Optional Disclosures and Addenda
Including these optional disclosures can help address tenant concerns early and prevent confusion later.
Asbestos: Informs tenants of any asbestos in the unit and ways to limit or prevent exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Maryland law limits late fees to 5% of the rent amount for a tenancy at will. Returned checks are capped at $35 if paid within 30 days (Md. Code, Real Prop. §8–208).
Medical marijuana use: Details the rules regarding the use of medical marijuana in the unit.
Mold: Informs tenants of any mold present in the unit, as well as available remediation options.
Move-in checklist: Outlines the unit’s condition at move-in, including any existing damage. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees that landlords charge during the tenancy.
Smoking: Details the smoking policy for the rental, including any designated smoking areas on the property.
Additional Maryland Month-to-Month Lease Laws
Maryland law continues to govern the rental relationship throughout the tenancy, even when the lease renews monthly.
Notice to Terminate a Month-to-Month Agreement
In Maryland, there are specific steps that either the landlord or their your tenant must take to terminate a month-to-month agreement. Here’s what you need to know.
Required notice for tenants: Tenants must provide landlords with a written 30-day notice to end their month-to-month tenancy (Md. Code, Real Prop. § 8-402(b)).
Required notice for the landlord: Maryland sets different notice requirements for landlords ending a month-to-month lease. In most cases, landlords must give tenants 60 days’ written notice. However, landlords who own five or more rental units may generally terminate the agreement with 30 days’ notice instead (MD Code, Real Prop. § 8-402(c)(1)), (Md. Code, Real Prop. § 8-402(c)(2)).
Local laws can also change this timeline. In Baltimore City and Montgomery County, for example, landlords typically only need to give 30 days’ notice, regardless of how many units they own. If the property is in foreclosure, state law also allows landlords to terminate the agreement with 30 days’ notice (BCC, Article 13, § 9-2), MCC, Chapter 29, Md. Code, Real Prop. § 8-402(c)(3)).
Laws Governing Rent Increases
Month-to-month leases allow landlords the flexibility to change the rent over time, but they must still comply with all state and local regulations and give tenants the required notice.
Maryland does not have rent control or rent stabilization laws at the state level. However, certain local jurisdictions may still have rent stabilization regulations. Landlords should always review local laws before increasing rent.
Lease Violations and Eviction
From time to time, lease violations can occur, even with the best tenants. Here’s how to get a tenancy back on track if an issue arises.
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 10-day Notice to Pay or Quit (Md. Code, Real Prop. § 8-401(c)).
Lease violation: For other lease violations, the landlord may issue a 30-day Notice to Quit upon noticing a lease violation. Landlords do not have to allow their tenant to fix the issue (Md. Code, Real Prop. § 8-402).
Lease abandonment: If a tenant abandons their lease early without a qualifying reason, they may be subject to legal penalties and owe the remaining rent. However, Maryland law says landlords must attempt to re-rent the unit at fair market value to limit the tenant’s liability (Md. Code, Real Prop. § 8-207).
Self-help evictions: In Maryland, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Maryland has laws that govern rent payments, including late fees and rent withholding.
Rent control/stabilization: In Maryland, rent control and stabilization do not exist on a state level. However, certain jurisdictions tie rent control to the current inflation rate. Always check local Maryland rent control guidelines before raising a tenant’s rent.
Late rent fees: Capped at 5% of the monthly rent. This fee cannot be charged until after the required grace period, if one exists.
Grace period: There is no state-wide grace period requirement in Maryland. However, some local jurisdictions require them, such as Baltimore (10-day grace period). Always check local laws.
Tenant’s right to withhold rent: In Maryland, tenants may be able to withhold rent if they do not repair an emergency condition within a reasonable amount of time (Md. Code, Real Prop. § 8-211(i)).
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the fee is reasonable and the lease template clearly outlines the charges.
Security Deposits
Maryland law places firm limits on how landlords collect and manage security deposits. Here’s what landlords need to know in the Old Line State.
Maximum amount: Maryland law allows landlords to charge up to 1 month’s rent as a security deposit (Md. Code, Real Prop. § 8-203(b)(1)).
Deposit receipt: When collecting the security deposit, landlords must provide tenants with a detailed receipt of the payment (Md. Code, Real Prop. § 8-203(c)(1), (Md. Code, Real Prop. § 8-203.1)).
Interest payments: In Maryland, state law requires landlords to pay interest on security deposits. When doing so, they must also keep the funds in an interest-bearing account at an interest rate of 1.5% per year or the amount based on the U.S. Treasury yield curve, whichever is greater (Md. Code, Real Prop. § 8-203(e)(1)).
Security deposit return: Landlords must return the security deposit, minus any deductions, within 45 days after the tenant moves out (Md. Code, Real Prop. § 8-203(g)(1)).
Deductions: In Maryland, landlords may withhold deductions from the security deposit to cover unpaid rent or damages beyond normal wear and tear. They must also provide an itemized list of any deductions within 45 days of the tenant moving out (Md. Code, Real Prop. § 8-203(f)(1)(i)).
Property Access Laws
Landlords occasionally need access to their rental properties, whether for an emergency or to complete routine maintenance or inspections. Maryland law allows landlords access to their property when needed, but they should always respect their tenants’ privacy.
Advance notice: Maryland law does not require landlords to provide advance notice before entering the property, meaning they may enter the unit at any reasonable time for maintenance or repairs.
Immediate access: Landlords may enter the property immediately, without notice, in an emergency.
Harassment: Although state law does not require landlords to provide notice before entering the rental, repeated entry without just cause may constitute harassment. In these cases, a tenant can terminate their lease early without penalty (Md. Code, Real Prop. § 8-204).
