The Maryland sublease agreement is a binding contract that allows an existing tenant (“sublessor”) to rent, or sublease, all or part of a rental property to a new tenant. The new tenant (subtenant) makes regular, periodic payments towards the initial tenant’s rent obligation in exchange for use of the property.
This agreement is something that a tenant may opt to do when they are not able to stay in the unit for the full length of the term that was agreed upon. It is often used by students during the summer semester or a person who will need to travel for part of the year. The new tenant will be able to take over the lease while the original tenant is away, and they will no longer have the financial burden of continuing to pay the rent when they are not staying there.
Subletting Laws in Maryland
Maryland is a state that does not have specific subletting laws, which means that the landlord will have to permit this type of agreement to happen. They may request to be told about the arrangement, but they cannot refuse this type of rental situation. When the tenant submits this request to the landlord, it should be done using certified mail so there is evidence that the subleasing is authorized. If the sublease is not known about, the new tenant can be considered a trespasser, which could cause a mess for the original tenant and be a cause for eviction for the subtenant.
What to Include in a Maryland Sublease Agreement
- The full name of both the sublessor and the subtenant.
- The address of the unit that is being subleased.
- The amount of rent that the subtenant will be responsible for paying each month. Also, make sure to include where the rent should be dropped on the due date.
- The terms of the lease, and the date that the sublease agreement begins and ends.
- Information about the security deposit. If the subtenant will need to pay one and the amount that they will be required to provide.
- Both parties will need to sign and date the document as well.
When a person who has a residential lease agreement that cannot keep the terms of the long-term lease, they can opt to take part in a sublease agreement with another party. The third-party will need to uphold the terms of the original lease without it being in their name until the agreement expires. When the third party uses this type of lease, the original tenant may be leaving the property because they are going to school, they are going home for the summer, or they are not going to be in the area for another reason.
With a sublease agreement in place, the new tenant will become known as the subtenant in the new arrangement, while the original tenant becomes the sublessor. All of the responsibilities that the original tenant agreed to will need to be followed by the new tenant. The rent will need to be paid in a timely fashion, the noise levels will need to be kept down, and the unit will need to be taken care of as the needs arise. When the rent is not taken care of on time, the new tenant will need to pay for any late fees that will be added to the cost of the rental as well.
This agreement does not change the terms of the original lease, so anything that could break the terms of the original lease could still fall on the original tenant to adjust. The sublease agreement is actually a legal document that is between the subtenant and the sublessor. The landlord will still turn to their tenant to remedy any issues that they have. For this reason, the original tenant will want to make sure that they screen for a good subtenant, which means that they are going to want to do a credit check, a background check, and more before accepting the tenant into the unit.
Additional Expenses of a Subleased Unit
Just like the subtenant is going to be responsible for paying the rent, they are also going to have other expenses that they will need to take care of when living in the rental unit. The first month is also going to have a security deposit that they are going to be responsible for covering in some units, so make sure that that is considered as well.
The other expenses that will need to be covered will be the bills for the utilities. Depending on the length of time that the original tenant is going to be away from the unit, they may need to pay the utilities that have been left in the original tenant’s name as well. If the original tenant is not going to be moving back onto the premises, then the utility bills will need to be transferred into the new tenant’s name. This will guarantee that the new tenant will be responsible for anything that has been transferred into their name.
How to Write a Sublease Agreement in Maryland
As with any type of residential rental agreement, there are going to be certain parts that will need to be placed in the document to make sure that it is legal and that it is comprehensive.
Name the Parties
When writing a sublease agreement, the most important part, which should be the first thing that is seen in the document, will be the names of the parties that are signing the document. This means that the new tenant, as well as the original tenant, will need to provide their full legal name. This will include the first and last name as well as a middle initial. Some documents will ask for the full middle name of both parties. This section is likely to ask for the current address and a phone number for each person as well. Alternative phone numbers and email addresses can be provided also.
Description of the Property
Underneath the names of the parties, the next section should be dedicated to describing the property that is being rented out. This will help the new tenant identify the unit if they are selected to move in as a tenant. Make sure to include all of the identifying features of the unit as well as the full address of the property that is being subleased. This section can also be used to mention whether or not there is any damage to the unit before the subtenant moves into the unit.
The Rental Agreement and the Security Deposit
The next section should start by describing the terms of the rental unit as they were described in the original lease. This will include the amount of rent that is due each month, the day that it is due, and where the money is to be delivered.
The dates of the sublease agreement will also need to be mentioned in this section so that the subtenant knows exactly how long they are expected to continue living on the premises. Sometimes, a tenant that is working with a sublease agreement will be permitted to extend the lease as their own. If this is something that is going to be permitted, it must be discussed in this section. This can be an easy way for a landlord to get a new tenant in the unit when the original tenant is no longer available.
If there is a security deposit that is going to be required for the subtenant to pay, that information will need to be listed in the document as well. Some landlords will request that there is an additional deposit for this type of rental. The original tenant may also ask the new tenant to pay a security deposit to cover the one that they put into the unit so that when they vacate the unit, they get their deposit back. If there is any other information that the new tenant needs to know, that information should be listed in the document as well.
The final section of the document that will need to be written is the signature section. Here both parties will need to print, sign, and date the document to make it legal. If the landlord requires their consent to be given, their signature of approval can be in this section as well.