A Maryland rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Maryland landlord-tenant law governs and regulates these agreements.
Maryland Rental Agreement Types
A Maryland roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Residential Rental Agreements in Maryland
- Montgomery County’s Housing of Community Affairs (DHCA) Single Family Dwelling Lease – This lease is in common use throughout Montgomery County. The template cannot be used in Gaithersburg, Rockville, or Takoma Park. It covers an extensive list of rules and procedures, including the local requirement that landlords offer an initial lease term of 2 years. Note that the initial lease must be accompanied by a DHCA Lease Summary.
- Montgomery County’s Housing of Community Affairs (DHCA) Room Rental Dwelling Lease – This easy-to-read roommate agreement is used for residential room rentals in Montgomery County. It outlines how much the roommate is expected to pay for a security deposit, rent, utilities, and any additional charges.
Maryland Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Maryland leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Security Deposit Receipt (required for some leases) – Maryland landlords collecting a security deposit must provide a receipt upon collection. The receipt must note the following:
- The tenant’s right right to complete a move-in and move-out checklist within 15 days of the tenancy beginning
- The tenant’s right to an inspection making itemized deductions from the security deposit
- Disclosure that landlord failure to obey the security deposit statute makes the landlord responsible for damages in the amount of three times the total deposit
- Water and Sewage Utility Obligation Disclosure (required for some leases) – Maryland leases for 1- or 2-unit buildings that share utilities must disclose this fact and mention the tenant’s right to receive copies of utility bills to ensure fair charges.
- Ratio Utility Billing System (RUBS) Disclosure (required for some leases) – Maryland leases must disclose in writing if they use a ratio utility billing system (RUBS) to bill tenants for utilities.
- Statement of Habitation Disclosure (required for all leases) – Maryland leases must provide a certification of the property’s basic condition which agrees with the tenant on who is responsible to fix which issues with the property.
- Lead Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Maryland residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Maryland, click here.
Maryland Landlord Tenant Laws
- Warranty of Habitability – Maryland landlords can only rent out habitable property, which means providing certain features essential to basic health and safety. This includes things like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within a “reasonable” time (up to 30 days) after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, terminate the lease, or withhold rent into an approved escrow. Tenants in Maryland aren’t allowed to repair and deduct.
- Evictions – Maryland landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to quit, depending on the eviction type. This means most evictions in Maryland take between two weeks to a few months.
- Security Deposits – Maryland caps security deposits at a maximum of twice the periodic rent. Upon lease termination, a landlord must return any unused portion of a security deposit within 45 days.
- Lease Termination – Maryland tenants can terminate a month-to-month lease with one month of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Maryland has no statewide rent control policy, but local areas can set their own policies regarding rent increases. Late fees cannot exceed 5% of the periodic rent, or if paid on a weekly basis, no more than $3 per week or $12 per month. Returned check fees are capped at $35.
- Landlord Entry – Maryland landlords may enter rental property for purposes reasonably related to the tenancy, like maintenance and inspections certain reasons including emergency or to make necessary repairs. The state does not specify entry requirements, which means that a landlord can enter at reasonable times of day using reasonable advance notice (customarily at least 24 hours).
- Settling Legal Disputes – Maryland allows hearing landlord-tenant disputes in its small claims courts, as long as the amount in controversy is under $5,000. Unlike many states, Maryland’s small claims courts are allowed to hear eviction cases.
To learn more about landlord tenant laws in Maryland, click here.
Sources
- 1 Md. Code, Com. § 15-802(b), (c)(1)(i), & (e)(1)(b)
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If a check or other instrument has not been paid within 30 days after the holder has sent a notice of dishonor to the maker or drawer, the maker or drawer of a check or other instrument that has been dishonored shall be liable for:
(1) The amount of the check or instrument;
(2) A collection fee of up to $35; and
(3) An amount up to 2 times the amount of the check, but not more than $1,000.
(c) (1) (i) The holder of a check or other instrument that has been dishonored may seek the damages provided under this section in the District Court of Maryland 30 days after a notice of dishonor has been sent by mail to the last known address of the maker or drawer.
…
(e) (1) It shall be a complete defense to any action brought under this section by any holder of a dishonored check or other instrument that, within 30 days from the mailing of the notice of dishonor, the maker or drawer has paid to the holder the full amount of the check or other instrument and collection costs of not more than $35.
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