A Maryland sublease agreement sets out clear terms when an existing tenant brings in another occupant to take over part or all of the rental unit. This document helps landlords stay on track by facilitating a smooth transition between tenants, keeping the new subtenant aligned with the original lease, and ensuring that all parties follow a lawful rental process.
Does a tenant need a landlord’s permission to sublease in Maryland?
Maryland law offers no statewide rule on subleasing, so a tenant needs landlord approval only when the lease requires it. Because most Maryland leases include clear limits on subleasing, the written agreement sets the standard for when a tenant can bring in a subtenant.
Landlords protect their rentals by outlining subleasing rules in their Maryland lease agreement. To address subleasing consistently in future leases, property owners can rely on a legally reviewed lease agreement builder to draft the contract on their behalf.
Information to Include in a Maryland Sublease
Landlords should manage subleases with the same care they use for any standard lease and should require clear expectations from both parties. The following list shows the key information landlords should include within a Maryland sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the tenant who plans to sublease the unit, so that every party remains clearly identified.
Rental unit address: Record the complete property address to define precisely which space the subtenant will occupy under the sublease.
Length of the sublease agreement: List the start and end dates of the sublease to set a clear occupancy period for the subtenant.
Rent amount: Note the exact rent the subtenant must pay, along with the due date, to keep payment expectations straightforward.
Division of utilities: Outline which utilities the subtenant must cover and reference any shared terms in the landlord-tenant utility agreement.
Security deposit information: State the deposit amount collected from the subtenant and describe the return conditions that follow security deposit laws in Maryland.
Maintenance protocols: Outline how the subtenant must handle routine upkeep, report repair needs, and follow expectations consistent with standard rental property maintenance procedures.
Property policies: Include the rules the subtenant must follow, such as limits on guests, pet requirements, or acceptable noise levels.
Early termination terms: Explain the circumstances that allow either party to end the sublease early and note any financial obligations tied to early termination.
Landlord’s right to entry: Define when the landlord may enter the unit by referencing relevant state laws.
Renter’s insurance: Indicate whether the subtenant must carry renter’s insurance and specify the coverage the landlord expects during the sublease term.
Landlord’s consent to sublease: Confirm the landlord’s approval of the sublease and outline any conditions that shape this consent.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must follow every rule in the original lease so the rental remains consistent with the landlord’s standards.
Move-in condition checklist: Provide a detailed checklist or a move-in condition report to document the unit’s condition before the subtenant moves in.
Emergency contact information: List reliable contact information so the subtenant can reach the landlord or property manager quickly in an emergency.
Guest policy: Set clear limits on guest visits and outline expectations that help protect the property and avoid disruptions.
Copy of the master lease: Share the full original lease with the subtenant so they understand all terms that apply throughout the sublease.
Signatures: Gather signatures from all parties and allow them to e-sign to lock in the lease terms quickly.
Additional attachments: Include any additional documents the landlord considers appropriate, such as property guidelines, addenda, or inspection forms.
Taxes Implications for Short-Term Subleases
A subletter may owe state and local lodging taxes when a sublease is treated as a short-term rental rather than a standard long-term lease. Maryland applies these taxes to stays of less than 30 days and charges a 6 percent state sales and use tax, along with any county or city hotel taxes subject to local rules (Md. Code, Tax-General Section 11-102).
Maryland landlords should stay familiar with local short-term lodging tax rates since each jurisdiction sets its own requirements.
For example, in Baltimore, taxes include:
- Maryland State Sales Tax – 6%
- Baltimore County Transient Tax – 9.5% (for less than 88 days)
