Maryland Room Rental Agreement

Required Landlord Disclosures (6)

Every lease agreement must include disclosures, per Maryland state law. Below are the six disclosures required in Maryland:

1. Lead paint: For rental units built in 1978 or earlier, the landlord must alert the tenant about lead-based paint when they sign the lease.

2. Landlord details: Landlords and designated agents or property managers must provide their name and contact information in the Maryland room rental agreement, as required by law (MD Code, Real Prop. § 8-210).

3. Receipt for the security deposit: The tenant is entitled to a written receipt for the security deposit that explains Maryland’s guidelines for security deposits, along with the landlord’s ability to inspect the residence for issues (MD Code, Real Prop. § 8-203(c)(1), 8-203.1).

4. Utilities: When the landlord and tenant split utility costs, the rental contract should clearly outline how these costs are separated (Tenant Protection Act of 2022).

5. Safety and habitability: Every rental agreement should mention safety and habitability standards, identifying any issues and outlining the maintenance responsibilities of each designated party (MD Code, Real Prop. § 8-212).

6. 2024 Renters Rights and Stabilization Act: The Act should be attached to the Maryland room rental agreement.

Security Deposits

Maximum security deposit: The security deposit can equal up to one month’s rent (MD Code, Real Prop. § 8-203(b)(1)).

Security deposit receipt: Landlords in Maryland must provide the tenant with a receipt for the security deposit immediately (MD Code, Real Prop. § 8-203(c)(1), 8-203.1).

Deduction tracking: Per Maryland law, the security deposit can cover damage beyond normal wear and tear. Landlords must track deductions and provide the tenant with a written statement no later than 45 days after move-out (MD Code, Real Prop. § 8-203(f)(1)(i)).

Security deposit return: The landlord has 45 days to return a tenant’s security deposit in Maryland, along with an itemized list of deductions (MD Code, Real Prop. § 8-203(f)(1)(i)).

Pet deposits: Maryland law does not govern pet deposits specifically. Therefore, it’s essential to consider the maximum security deposit, which should not exceed one month’s rent, with the pet deposit included in that amount, if applicable (MD Code, Real Prop. § 8-203(b)(1)).

Rent Payment Regulations

Late rent fees: A landlord may charge a late fee not exceeding 5% of the monthly rent amount (MD Code, Real Prop. § 8-208(d)(3)).

Right to withhold rent: A tenant deserves to live in a safe and habitable environment. If the landlord ignores or fails to complete a significant repair or other issue, the tenant has the right to withhold rent and pursue a rent escrow before a judge (MD Code, Real Prop. § 8-211(i)).

Grace period: Grace periods for rent are not mandatory in Maryland. Landlords can set a late fee structure, but local regulations play a role. For example, Montgomery County prevents late fees until after the 10th day of tardiness (OLTA). Baltimore operates similarly.

Pet rent: Landlords may charge pet rent at any amount they deem fit, though they must outline it in the Maryland room rental agreement.

Rent Payment Increase Rules

Rent payment increase frequency: Maryland law does not govern rent increases, leaving that up to individual cities and counties. Some cities, such as Montgomery, have rent control and rent increase laws, so it’s crucial for landlords to review local laws before increasing rent and determining how often to do so.

Rent payment increase maximum: As mentioned above, cities and counties can set the maximum rent increases. Ultimately, a landlord must check the local laws and ensure they follow the lease terms while giving the tenant enough notice before raising rent.

Rent control/stabilization: While rent control and stabilization don’t exist at the state level, some cities and counties have policies to prevent excessive rent hikes. For example, Montgomery County, Prince George’s County, Takoma Park, and Mount Rainier have rent stabilization policies (Department of Housing and Community Affairs). Landlords should always check local laws and regulations before increasing rent to ensure the action is legally sound.

Room Rental Agreement Breaches

Failure to pay: When a tenant is behind on rent, landlords can immediately (starting the day after rent is due) give the tenant a 10-day written Notice to Pay Rent or Vacate the property (MD Code, Real Property § 8-401(c)).

Lease violations: A landlord can give the tenant a 30-day Notice to Quit after a lease violation. The landlord is not legally required to give the tenant the option to fix the issue (MD Code, Real Property § 8-402).

Lease abandonment: There are potential financial and legal implications if a tenant ignores the Maryland room rental agreement and abandons the property, including rent owed for the rest of the rental term, at least until the landlord signs a rental agreement with a new tenant (MD Code, Real Property § 8-207).

Self-help evictions: Self-help evictions are illegal in Maryland, and landlords should never attempt them.

Ending a Room Rental Agreement

More often than not, a room rental agreement in Maryland is a fixed-term lease, specifying a tenancy for a set time frame, typically up to a year. In some cases, landlords and tenants may agree on a month-to-month room rental agreement, depending on the need for flexibility and stability. If breaking the lease becomes necessary, remember that standard notice is not enough with a fixed-term room rental agreement.

Month-to-month: A landlord in Maryland must give 60 days of written notice to end a month-to-month lease. Tenants, on the other hand, only have to give 30 days of notice (MD Code, Real Property § 8-402(c)(2)).

Fixed-term: Tenants can end a fixed-term lease only if they’ve reached the end of their rental term or meet specific criteria, such as a domestic violence order or new military orders. Landlords must give 90 days of notice to terminate a fixed-term lease of one year or more in most areas of Maryland. However, Baltimore City and Montgomery County require landlords to give tenants 60 days of notice for not renewing a lease. Exceptions exist for foreclosure and landlords with more than five rental properties (§8–402).

Room abandonment: Abandoning a room rental agreement in Maryland does not terminate the lease. In fact, doing so constitutes ending a lease prematurely, which could lead to legal issues and rent owed for the full term. The one caveat is that landlords must try to find a new tenant (MD Code, Real Property § 8-207).

Tenant’s right to terminate: A tenant can break a lease without penalty due to military orders (§8–212.1), domestic violence, sexual assault (§8–5A–03), or unsafe living conditions that the landlord has not remedied (MD Code, Real Prop. § 8-211(i)).

Landlord Room Access Laws

Immediate access: From time to time, emergencies arise. In these situations, a landlord can enter a rental property to address the emergency without giving the tenant proper notice.

Landlord harassment: Tenants are entitled to privacy (§2–115). Maryland law doesn’t specifically mention how often landlords may enter a rental property, though certain counties, such as Prince George’s County, define what could be considered landlord harassment. In this county, entry should only occur during reasonable hours and for legitimate reasons. Entering a tenant’s property too frequently without notice is landlord harassment and could allow the tenant to end the lease early (§13-155).

Advance notice: Maryland law does not specify how much notice a landlord must provide before entering the rental for maintenance or related purposes. However, providing at least 24 hours of notice is a good rule of thumb. Prince George’s County specifically requires 24 hours of notice (§ 13-155).

Agreement Renewal/Termination

Required renewals: A landlord does not have to continue the lease after the final lease date but can choose to do so.

Required notice: A landlord can terminate a yearly lease by giving 90 days of notice. Ending a month-to-month lease requires only 60 days of notice from the landlord. Landlords are not required to remind tenants when their lease is ending. Instead, the lease may convert to a month-to-month agreement unless otherwise specified (MD Code, Real Property § 8-402).

Month-to-month considerations: If a landlord and tenant want a fixed-term lease to become month-to-month after the lease ends, they must include this in the lease agreement. If they wish to terminate the lease on the final day, they must give notice (MD Code, Real Property § 8-402).