Maryland

Tenants Right to Sublet

Maryland law doesn’t specifically address subleasing. Whether Tenants can sublet depends on the terms of the lease agreement. A Landlord Consent Form may be needed to get written permission to sublet.

Short-Term Rental / Lodgings Tax

  • In Maryland, a 6% Sales and Use Tax applies to rentals under four months, but not to monthly rentals or permanent residents. [1]
  • Platforms such as Airbnb usually handles the tax.
  • County rules may differ on rental length and tax rates. [2] For example:
    • Carroll County: Up to 25 days
    • Frederick County: Up to 90 days
    • Garrett and Washington Counties: Up to 30 day.  [3]

Frequently Asked Questions

Is subletting legal in Maryland?

Subletting is not aloud in Maryland unless it is written in the lease agreement or the Tenant must get the Landlord or property owners written consent.

Sources

  1. MarylandTaxes.Gov
  2. Comptroller of Maryland
  3. MD Code of Regs. § 03.06.01.23
  4. Md. Code, Local Gov’t § 20-401

Sample Maryland Sublease Agreement

Required Landlord / Tenant Disclosure Forms in Maryland (6)

  1. Agent/Landlord – The landlord or agent’s name and contact details must be in the lease or posted visibly.
  2. Lead-Based Paint Disclosure and EPA Pamphlet – Required for properties built before 1978, informing tenants of potential lead hazards.
  3. Security Deposit Receipt – Landlords must provide a receipt for the tenant’s security deposit.
  4. Move-in/Move-out Checklist [PDF] – Given before move-in to track damages and determine deposit deductions.
  5. Habitability – Landlords must ensure the property is livable and outline responsibilities for utilities and repairs.
  6. Utility Billing Disclosure (RUBS) [PDF] – Landlords must explain how shared utility costs are billed.

Security Deposit Laws and Returning Requirements

  • Maximum Amount – Two months’ rent.
  • Returning Deposit to Tenant – Landlords must return the deposit within 45 days after the Tenant moves out.

Rent Payment Laws and Late Fees

  • Grace Period – No statute.
  • Maximum Late Fee – Up to 5% of the monthly rent.
  • NSF Fee – $35 for a bounced rent check.

Sources

  1. § 8–210(a)(1)
  2. § 8–203(c)(1)
  3. § 8–203.1
  4. § 8–203.1(a)
  5. § 8–208(c)
  6. § 8–212.4(c)(1)
  7. § 8–203(b)(1)
  8. § 8–203(e)(1)
  9. § 8–203(g)(1)
  10. § 8–401(c)(1)
  11. § 15-803(a)

How to write a Maryland Residential Lease Agreement?

MARYLAND RESIDENTIAL LEASE AGREEMENT

1. PARTIES.

This Maine Residential Lease Agreement (“Agreement”) is made on
the undersigned date by and between:
Landlord’s Name: _______________________________________________
Mailing Address: _______________________________________________
Tenant’s Name: _______________________________________________
Mailing Address: _______________________________________________

2. PROPERTY.

Property Address: _______________________________________________
• Type: ☐ Apartment ☐ House ☐ Condo ☐ Other: _______________
• Bedroom(s): __________
• Bathroom(s): __________

3. TERM.

☐ Standard Lease: Start Date: __________, End Date: __________.
☐ Month-to-Month Lease: Start Date: __________ Termination: __________ Days’ Notice

4. RENT.

Monthly: $__________
due on the __________ day of each month

5. SECURITY DEPOSIT

☐ None ☐ Deposit: $__________
returned within __________ days after lease end.

6. LATE FEE.

☐ None ☐ Fixed: $__________ per ☐ occurrence ☐ day
☐ Interest: __________% per annum.

7. NSF FEE.

☐ None ☐ NSF Fee: $__________

8. EARLY MOVE-IN.

☐ None ☐ Date: __________
Prorated Rent: $__________

9. UTILITIES.

Landlord pays: ☐ None ☐
______________________________

10. PETS.

☐ None ☐ Allowed: __________ pets, Deposit: $__________

☐ refundable ☐ non-refundable.

11. SUBLETTING.

☐ Prohibited ☐ Allowed with Landlord’s consent.

12. NOTICES.

Landlord: ☐ Address in Section 1 ☐ ______________________________
Tenant: ☐ Property Address ☐ __________________________________

13. OTHER TERMS AND DISCLOSURES.

1. Lead-Based Paint Disclosure Form and EPA Brochure
2. Bedbug Disclosure
3. Common Area Utilities
4. Energy Efficiency
5. Radon Disclosure
6. Tenant Rights (Portland Only)
7. Security Deposit Location
8. Smoking Policy

Additional Terms: _______________________________________________.

14. MOVE-IN INSPECTION.

☐ Not Required ☐ Move-In Inspection Required (document property condition at
move-in)

15. PARKING.

☐ None ☐ ____ Space(s) ☐ No Fee ☐ Fees: $________________________.

16. APPLIANCES.

Included: ☐ Refrigerator ☐ Stove/Oven ☐ Washer/Dryer ☐

Other: _____________________________________________________________

17. FURNISHINGS.

☐ Not Furnished ☐ Furnished: ☐ Bedroom ☐ Kitchen ☐ Living Room

☐ Other: __________________________________________________________.

18. RENTAL INSURANCE.

☐ Not Required ☐ Required: Minimum Coverage $______________________

19. SMOKING POLICY.

☐ No Smoking ☐ Smoking is Allowed

20. MAINTENANCE.

Landlord responsible for major repairs. Tenant responsible for minor repairs and
reporting damages immediately.

21. DEFAULT.

If Tenant defaults on rent or other terms, Landlord may terminate the lease and
take legal action.

22. TERMINATION.

☐ Lease terminates on end date unless renewed.
☐ Month-to-month with _____ days’ notice for termination.

23. DISPUTE RESOLUTION.

Any disputes will be resolved through binding arbitration.

24. MISCELLANEOUS.

Tenant cannot make alterations without Landlord’s consent. Both parties agree to
comply with local laws.

25. LANDORD RIGHT OF ENTRY.

Landlord may enter the property with __________ hours’ notice for
maintenance, inspections, or emergencies, in accordance with
Maine law.

26. RIGHT TO QUIET ENJOYMENT.

Tenant has the right to enjoy the property peacefully, without interference from
the Landlord or other tenants, provided local noise ordinances and property rules
are followed.

27. SALE OF PROPERTY NOTICE.

In the event the property is sold, the lease will transfer to the new owner, and
tenants will be notified of the new contact information.

28. MILITARY CLAUSE.

If the tenant is active military and receives orders to relocate or is deployed for
more than 90 days, they may terminate the lease without penalty, in line with the
Servicemembers Civil Relief Act.

29. HAZARDOUS MATERIALS.

Tenant agrees not to store hazardous or flammable materials (e.g., gasoline,
fireworks) on the premises.

30. RESIDENTIAL USE ONLY.

The property is for residential use only. No business may be operated from the
premises without prior written consent from the Landlord.

31. ENTIRE AGREEMENT.

This document constitutes the entire lease agreement between the parties. No
other agreements, verbal or written, shall be binding unless included here or in
an addendum signed by both parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written. Each Party warrants that they have the legal authority to enter into this
Agreement and have done so as their free act and deed.

SIGNATURES

Landlord Signature: ________________________ Date: _______________
Print Name: _________________________ Date: _______________
Tenant Signature: ________________________ Date: _______________
Print Name: _________________________ Date: _______________
Tenant Signature: ________________________ Date: _______________
Print Name: _________________________ Date: _______________

AMOUNT DUE AT SIGNING

First (1st) Month’s Rent: $____________________
Security Deposit: $____________________
Early Move-in (Proration Amount): $____________________
Pre-Payment of Rent: $____________________
Parking Fee: $____________________
Pet Deposit: $____________________
Total Amount Due: $____________________

Sample

Preview the PDF sample of the blank fillable Maryland Standard Residential Lease Agreement Template:

 

Laws ⚖️

Rental Application Fees – No maximum amount therefore Landlords can charge any amount that is reasonable. Any leftover money $25 or higher, the Landlord does not use has to be returned to the Tenant within 15 days of receipt. [1]

Maximum Security Deposit Amount – Two (2) months’ rent. [2]

Sources

  1. §8-213
  2. Md. Code, Real. Prop. § 8-203

Sample Maryland Rental Application PDF

Sample Maryland Association of Realtors Lease Agreement

Rental Application (marylandattorneygeneral.gov) – The application fee is $25 nonrefundable fee which landlords collect from potential tenants. This rental application is recommended before signing the agreement in order for landlords to verify tenants’ credit and employment history.

By Type

  1. Standard Residential Lease Agreement [PDF]
  2. Association of Realtors Lease Agreement[PDF]
  3. Commercial Lease Agreement [PDF]
  4. Month-to-Month Rental Lease Agreement [PDF]
  5. Rent-to-Own Lease Option Agreement [PDF]
  6. Room (Roommate) Rental Lease Agreement [PDF]
  7. Sublease Agreement [PDF]

What the Maryland Residential Lease Agreement Form covers?

This document includes the following subjects that pertain to the laws regarding the relationship between the landlord and tenant in Maryland:

Maryland Landlord-Tenant Act

Summary (Title 8): The Maryland Landlord-Tenant Act is a guideline for landlords and tenants when leasing residential property. It includes the requirements to make the property habitable and safe, deposit requirements, eviction rules, retaliation, and discrimination laws. It also includes tenants right in foreclosure situations.

Security Deposit Law

Summary (§ 8–203(b)(1)):

  • 45 Days – Time limit to return the security deposit.
  • Itemized List – Written itemized deductions for any damages must be provided.
  • Maximum Amount – One-months’ rent from a new tenant and in certain situations the max amount is two-months rent.
  • Receipt and Interest – The landlord must provide a security deposit receipt which shows the deposit has been successfully deposited into a separate bank account. If held in an Interest-bearing account, the landlord must disclose this as well.
  • Non-deduction – Normal wear and tear cannot be deducted from the security deposit.

Lease Termination Rules for Landlord and Tenants

Summary (§ 8-401): Tenants are protected in Maryland and are considered the “Covered Individual” if they cannot pay rent. Both parties have the right to terminate the lease under the following conditions.

  • Landlord’s Right to Terminate – 30-day notice for tenant breaches or failure to pay rent.
  • Tenant’s Right to Terminate – Tenants may provide a 30-day notice if the lease is month-to-month.

Landlord’s Access to the Rental Property

Summary: Landlords must provide reasonable notice to tenants before entering the rental property, unless it’s an emergency. The landlord must schedule any visits during standard business hours, which is from 9:00 AM to 5:00 PM.

Rent Due Dates and Late Fees

Summary (§ 8–401): Rent due dates and late fees must be outlined in the lease.
  • Grace Period – 10-day notice.
  • Maximum Penalty – 5% of monthly rent. For weekly rentals, penalty amount can exceed $3/wk but not $12/mo
  • NSF Fee – $35 per bounced check.

Eviction Procedures and Notices

Summary (§ 8–207(c)) : Landlords must follow formal eviction procedures, including court filings, before a tenant can be removed. If the tenant prematurely breaks the lease then the landlord can mitigate for damages.

Property Maintenance Requirements

Summary (Landlord-Tenant Handbook): Landlords must maintain a habitable environment; tenants may provide written notice for necessary repairs that the landlord must make in order to keep the property safe.

Required Disclosure Forms

Summary: Landlords must disclose the following to tenants prior to the move-in date.

  1. Lead-Based Paint Disclosure (epa.gov) – Required for all properties built before 1978.
  2. Landlord Contact Information (§ 8-210(a)(1)) – Must include full legal name and address for tenant notices.
  3. Move-in/Move-out Checklist (§ 8–203.1(a)) – The rental unit must be inspected before and after the tenant moves in and out.
  4. Property Habitability Disclosure (§ 8–208(c)) – The agreement must state how the property will be habitable (by the landlord) and must state the tenants responsibilities.
  5. Ratio Utility Billing System Disclosure [PDF] (§ 8–212.4(c)(1)) – Only for landlords who use this system must put in writing the estimated costs per month that will be billed to the tenant.
  6. Security Deposit Receipt (§ 8-203.1(a)) – The landlord must provide this to the tenant and it must include tenant rights and landlord obligations.

Sample Maryland Residential Lease Agreement Template

Form Options By Type

Standard Residential Lease Agreement

 
Simple (1-Page) Lease Agreement

 

Maryland Purchase and Sale Agreement Sample

Maryland durable power of attorney form gives a person (the “Principal”) ability to appoint another individual to control personal, financial, or medical matters if you are unable to do so, usually due to a medical condition.

Medical Power of Attorney Forms – PDF

Law Alert ⚖️

Code of Maryland  – § 17-110

FAQs

poa-faqs

  1. Who can override a power of attorney in Maryland? The principal as long as they still have a ‘sound mind.’
  2. Does the state of Maryland have its own PDF version? Yes, Maryland offers a Maryland Advanced Directive – PDF Form

Maryland Power of Attorney Form: Free Template Downloads

Sample

 

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