Maryland Lease Agreement Templates

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What’s Included in Maryland Lease Forms

Updated August 30, 2024

A residential lease agreement in Maryland is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Maryland laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosures and Addenda for Maryland

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Disclosure

Landlord's Name and Address <p>While Maryland law does not explicitly mandate landlords to provide their name and address, it is standard practice to include this information in the lease agreement. This ensures tenants know who to contact regarding property issues or emergencies.</p>
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
Condition of the Premises <p>Landlords are obligated to deliver and maintain the rental property in a condition fit for habitation, ensuring it is safe and sanitary. This includes making necessary repairs and addressing any issues that may pose health or safety risks.</p>
Late/Returned Fees <p>Maryland law permits landlords to charge late fees for overdue rent payments; however, these fees must be reasonable and clearly stated in the rental agreement. The law caps late fees at 5% of the amount due. For returned checks, landlords may impose fees, but it's crucial that these charges are reasonable and specified in the agreement.</p>
Mold Disclosure <p>Maryland law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
Smoking <p>While not required by Maryland law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.</p>
Security Deposit Disclosure <p>Maryland law mandates that landlords may not require a tenant to pay a security deposit exceeding two months' rent. Landlords must provide a receipt for the security deposit, which includes specific disclosures such as the tenant's right to an initial inspection. Security deposits must be held in a separate, interest-bearing account, and landlords are required to pay interest on deposits held longer than six months. Upon lease termination, landlords have 45 days to return the security deposit, along with an itemized list of any deductions.</p>
Flood Hazard Disclosure <p>Maryland law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
Radon Disclosure <p>Maryland does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
Bed Bugs Disclosure <p>While Maryland law does not currently mandate landlords to disclose bed bug infestations, proposed legislation (Senate Bill 529) aims to establish statewide standards for bed bug inspections and treatments. This bill would require landlords to promptly inspect and treat reported infestations and disclose past bed bug issues to prospective tenants.</p>

Addenda

Landlord’s Name and Address

Applicable to all Maryland rentals.

According to Maryland Real Property Code § 8-210, landlords must disclose their name and address to tenants in the lease. Additionally, Baltimore City Code requires landlords to register rental properties with local authorities.
Landlord Requirements:
- Include the landlord’s or agent’s contact details in the lease.
- Register rental properties in Baltimore City, if applicable.
- Provide written notice of any changes to contact information.

Lead-Based Paint Disclosure

Applicable to Maryland rentals built before 1978.

Maryland enforces stricter lead hazard laws under the Maryland Lead Poisoning Prevention Program, which mandates lead risk reduction measures and certifications for rental properties built before 1978.
Landlord Requirements:
- Attach a lead-based paint disclosure form to the lease.
- Provide tenants with the EPA’s lead hazard pamphlet.
- Obtain a Maryland Lead-Safe Certification for rental units before leasing.
- Complete lead dust testing and risk reduction measures before a new tenant moves in.

Condition of the Premises

Guidelines for Maintaining Rental Property Standards

The lease must document the property’s condition to protect both parties, under Maryland Code, Real Property § 8-208. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:
- Conduct a pre-move-in inspection.
- Provide tenants with a condition checklist.
- Ensure all essential repairs are completed before occupancy.

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