Maryland Lease Agreement Create a Maryland Lease Agreement

Maryland Lease Agreement

Published Dec 07, 2025
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A Maryland Lease Agreement is a legal form used to set the rules, rental terms, and obligations that govern the landlord-tenant relationship for any property rented within the state of Maryland.

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MARYLAND LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on this , by and between:

I. THE PARTIES

LANDLORD:
Name: (hereinafter referred to as the "Landlord")
Mailing Address:

AND

TENANT(S):
Name: (hereinafter referred to as the "Tenant").

II. THE PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential premises located at (hereinafter referred to as the "Premises"):

The Premises consists of:

III. TERM OF LEASE

The term of this Agreement shall be (check one):

IV. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

The rent is due on the day of each month.

Rent shall be paid by the following method(s):

Payment instructions:

V. SECURITY DEPOSIT

Pursuant to Maryland Code, Real Property § 8-203:

A. Amount: Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as a security deposit. This amount shall not exceed the equivalent of two (2) months' rent.

B. Account: The Landlord shall maintain the security deposit in a federally insured financial institution within the State of Maryland, in an account devoted exclusively to security deposits, within thirty (30) days of receipt.

C. Return: The Landlord shall return the security deposit to the Tenant, less any lawful deductions, within forty-five (45) days after the end of the tenancy. Simple interest shall accrue at the statutory rate prescribed by the Maryland Department of Housing and Community Development (currently 1.5% per annum or the Federal Reserve discount rate, whichever is applicable by law at the time).

D. Deductions: The Landlord may withhold from the security deposit only for: (1) unpaid rent; (2) damage to the leased premises in excess of ordinary wear and tear; (3) breach of lease causing financial loss.

E. Receipt: The Landlord hereby acknowledges receipt of the Security Deposit. The Tenant is advised that they have the right to have the dwelling unit inspected by the Landlord in the Tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the Tenant so requests by certified mail within fifteen (15) days of the Tenant’s occupancy.

VI. LATE CHARGES

If rent is not received by the Landlord within the time period specified by Maryland law, the Tenant shall pay a late charge.

Pursuant to Maryland Code, Real Property § 8-208(d), the late charge shall not exceed five percent (5%) of the amount of rent due for the rental period for which the payment was delinquent.

Late Fee Amount: $ (Must not exceed 5% of monthly rent).

VII. UTILITIES AND SERVICES

The responsibility for utilities and services shall be distributed as follows:

Electricity:

Gas:

Water/Sewer:

Trash Collection:

Cable/Internet:

Snow Removal:

Lawn Care:

VIII. OCCUPANTS AND GUESTS

The Premises shall be occupied only by the Tenant and the following authorized occupants:

Guests staying more than days in a six-month period require the Landlord's written consent.

IX. PETS

X. CONDITION OF PREMISES AND INSPECTION RIGHTS

A. Move-In Inspection: The Tenant has the right to be present when the Landlord or the Landlord’s agent inspects the Premises in order to determine if any damage was done to the Premises, if the Tenant notifies the Landlord by certified mail of the Tenant’s intention to move, the date of moving, and the Tenant’s new address.

B. Move-Out Inspection: The notice to be present at the move-out inspection must be mailed to the Landlord at least fifteen (15) days prior to the date of moving. Upon receipt of the notice, the Landlord shall notify the Tenant by certified mail of the time and date when the Premises is to be inspected. The date of inspection shall occur within five (5) days before or five (5) days after the date of moving as designated in the Tenant’s notice.

XI. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XII. MAINTENANCE AND REPAIRS

A. Landlord's Responsibility: The Landlord shall maintain the Premises in a habitable condition and comply with all applicable building, housing, and health codes. The Landlord is responsible for structural repairs and repairs to systems (plumbing, electrical, HVAC) not caused by the Tenant's negligence.

B. Tenant's Responsibility: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant shall promptly notify the Landlord of any defects or maintenance issues. The Tenant is responsible for the cost of any repairs resulting from the misuse or negligence of the Tenant or their guests.

XIII. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises to make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Except in case of emergency, the Landlord shall provide the Tenant with reasonable notice (standard practice is 24 hours) prior to entry and shall enter only at reasonable times.

XIV. DEFAULT AND TERMINATION

If the Tenant fails to pay rent when due, or violates any other term of this Agreement, the Landlord may terminate the tenancy in accordance with Maryland Code, Real Property Article.

A. Failure to Pay Rent: The Landlord may file for summary ejectment (Failure to Pay Rent) in the District Court.

B. Breach of Lease: For violations other than non-payment, the Landlord must provide the Tenant with thirty (30) days' written notice (or fourteen (14) days if the breach involves a clear and imminent danger) before filing a complaint for possession.

XV. DOMESTIC VIOLENCE

Pursuant to Maryland Code, Real Property § 8-5A-02, if the Tenant is a victim of domestic violence or sexual assault, the Tenant may terminate this lease by providing the Landlord with written notice and a copy of a protective order or peace order. The termination shall be effective thirty (30) days after the Landlord receives the notice.

XVI. MILITARY CLAUSE

If the Tenant is a member of the Armed Forces of the United States or the National Guard and receives permanent change of station orders or deployment orders for a period of more than ninety (90) days, the Tenant may terminate this lease by providing written notice and a copy of the orders to the Landlord, pursuant to the Servicemembers Civil Relief Act (SCRA) and Maryland law.

XVII. REQUIRED RECEIPT

Pursuant to Maryland Code, Real Property § 8-205, if the Tenant pays rent in cash or requests a receipt for a check/money order payment, the Landlord must provide a receipt.

XVIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.

XIX. ADDITIONAL TERMS AND CONDITIONS

Additional provisions:

XX. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

SIGNATURES

LANDLORD

Signature: _________________________
Print Name: _______________
Date:

TENANT

Signature: _________________________
Print Name: _______________
Date:

What is a Maryland Lease Agreement?

A Maryland Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) granting the tenant the right to occupy a specific property for a defined period in exchange for rent. This document outlines the specific terms and conditions governing the tenancy, including payment schedules, maintenance responsibilities, and rules regarding property usage. It serves as the primary legal framework for the landlord-tenant relationship within the state, providing recourse for both parties should disputes arise regarding the occupancy or financial obligations. While oral agreements can exist for short tenancies, written contracts are standard for clearly defining the rights and obligations of both parties.

Legal Framework and Governing Statutes

The governance of lease agreements in Maryland is primarily dictated by the Real Property Article of the Annotated Code of Maryland. Specifically, Title 8 covers Landlord and Tenant regulations, establishing the baseline requirements for residential and commercial tenancies. These statutes define everything from security deposit limits to eviction procedures. Unlike some jurisdictions that rely heavily on common law, Maryland has codified specific requirements that override conflicting lease terms. For instance, provisions that attempt to waive a tenant's right to a jury trial or authorize the landlord to seize tenant property without a court order are generally void under state law regardless of what the signed document states.

Security Deposit Regulations

One of the most strictly regulated aspects of a Maryland Lease Agreement is the handling of security deposits. Under the Real Property Article, a landlord cannot charge a security deposit greater than the equivalent of two months' rent. If a landlord collects an amount exceeding this limit, the tenant may be entitled to recover up to three times the extra amount. Furthermore, landlords must return the deposit, minus any lawful deductions for damages or unpaid rent, within 45 days of the tenancy termination. Simple interest must accrue on security deposits of $50 or more if held for at least six months, calculated according to the daily U.S. Treasury yield curve rate or a statutory minimum of 1.5% per year.

Required Disclosures and Addenda

To ensure the validity of the contract and avoid potential legal penalties, landlords must provide specific information to tenants prior to or at the time of lease signing. Failure to include these disclosures can result in legal penalties or the inability to withhold security deposits for damages.

  • Security Deposit Receipt: A written receipt describing the tenant's rights regarding the security deposit, including the right to be present for a move-out inspection.
  • Habitability Statement: A statement confirming the premises are in a habitable condition and identifying any known defects that might affect the tenant's use of the property.
  • Agent Identification: The name and address of the landlord or the agent authorized to accept service of process on behalf of the owner.
  • Lead-Based Paint Disclosure: Required for all properties built before 1978, complying with federal regulations under 42 U.S. Code § 4852d.

How to Execute a Maryland Lease Agreement

Establishing a formal tenancy involves several procedural steps to ensure compliance with state laws and local ordinances. Following a structured process helps protect the interests of both the property owner and the occupant.

Step 1: Tenant Screening - The landlord reviews the potential tenant's credit history, criminal background, and rental references to assess suitability and financial stability.

Step 2: Drafting the Agreement - The lease is prepared using a template that complies with Maryland Real Property Code, Title 8, ensuring all prohibited clauses are excluded and local laws (such as those in Montgomery County or Baltimore City) are respected.

Step 3: Providing Disclosures - The landlord presents federally required lead paint documents and state-mandated security deposit receipts to the tenant for review.

Step 4: Signing and Deposit - Both parties sign the document, and the tenant pays the security deposit and first month's rent as stipulated in the contract.

Step 5: Move-In Inspection - The landlord and tenant conduct a walkthrough to document existing damages within 15 days of occupancy, which protects the tenant's deposit upon move-out.

Termination and Eviction Procedures

The termination of a lease requires adherence to specific notice periods, which vary depending on the term of the lease and the location of the property. For a standard year-to-year lease, the state generally requires a written notice of intent to terminate at least three months before the expiration date. However, month-to-month tenancies typically require a 30-day notice from the tenant or a 60-day notice from the landlord. It is important to note that Baltimore City and Montgomery County have local ordinances that may impose different notice requirements or "just cause" eviction standards. Landlords are prohibited from engaging in retaliatory evictions against tenants who file complaints with housing authorities or join tenant associations.

Frequently Asked Questions

Under Maryland law, a landlord may charge a late fee of up to 5% of the monthly rent amount due. This fee is only enforceable if it is explicitly stated in the lease agreement.
Maryland state law does not mandate a specific grace period for rent payments. However, if a landlord wishes to charge a late fee, the rent must be considered late according to the terms of the lease, often after a specified number of days.
Maryland state statutes do not explicitly define a notice period for landlord entry, but standard practice and lease terms usually require at least 24 hours of notice before entry for non-emergency reasons. Some local jurisdictions, like Montgomery County, have specific laws requiring 24-hour notice.
Yes, verbal or oral lease agreements are generally valid for tenancies of less than one year. However, under the Statute of Frauds, any lease for a term of one year or longer must be in writing and signed to be legally enforceable.
If a landlord fails to return the security deposit (plus accrued interest) within 45 days of the lease termination, they forfeit the right to withhold any part of the deposit. The tenant may also sue for up to three times the withheld amount plus reasonable attorney's fees.
While not strictly mandatory for the lease to be valid, Maryland law gives tenants the right to request a move-in inspection within 15 days of occupancy. Landlords are advised to use a checklist to document the property's condition to avoid disputes over damages later.

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