Maryland Residential Lease Agreement
A free Maryland lease template, plus what Maryland law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Maryland requires
| Maryland Tenants' Bill of Rights | Every lease must include a copy of the current Maryland Tenants' Bill of Rights published by the Department of Housing and Community Development (DHCD). DHCD says landlords may not edit or modify the published version and must use the most recent one (the current version is dated October 1, 2026; DHCD updates it each year by October 1). Applies to: all residential leases |
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| Security deposit receipt | The lease must include a receipt for the security deposit. The receipt must tell the tenant: (1) the right to ask, by certified mail within 15 days of moving in, for a move-in inspection with a written list of existing damage; (2) the right to be present at the move-out inspection by certified mail notice at least 15 days before moving out giving the move-out date and new address; (3) the landlord must inspect within 5 days before or after that date; (4) the landlord must give written notice of the inspection date; (5) the right to an itemized list of charges within 45 days after the tenancy ends, by first-class mail; (6) the unused deposit must be returned by first-class mail within 45 days; and (7) that a landlord who does not follow the law may owe up to 3 times the deposit withheld plus reasonable attorney's fees. The landlord keeps a copy for 2 years; failing to give a receipt costs the landlord $25. Applies to: all residential leases with a security deposit |
| Landlord or agent contact | The landlord's name, address and phone number, or those of the person authorized to accept notices and legal papers for the landlord, must be stated in the written lease or on a conspicuous sign posted on the property. If not, the tenant may serve notices on the person who collects rent, the address where rent is paid, or the address where the tax bill is sent. Applies to: all residential rental property Source: Md. Code, Real Prop. § 8-210(a) |
| Utilities and repairs | The lease must state the landlord's and tenant's specific responsibilities for heat, gas, electricity, water and repairs. Applies to: all residential leases |
| Mold information pamphlet | When the lease or rental agreement is signed (and whenever a tenant asks), the landlord must give each tenant the state mold information pamphlet and ask the tenant to sign a statement acknowledging receipt. Applies to: all residential rental units Source: Md. Code, Real Prop. § 8-220(b) |
| Pet policy | The landlord must give a written copy or summary of the pet policy with any rental application (and link it on the property's website, if any). The policy must state breed and weight limits, required pet fees (upfront nonrefundable fees, refundable deposits, monthly fees), any limit on number of pets, vaccination requirements, liability insurance requirements and any other pet-owner requirements. Applies to: all residential rental property with a pet policy Source: Md. Code, Real Prop. § 8-210(c) |
| Lead paint: notice of tenant's rights | Maryland adds its own lead rule. When a lease is signed or a tenancy begins at an 'affected property', the owner must give the tenant the Maryland Department of the Environment's written notice of tenant's rights, together with a copy of the property's current verified lead inspection certificate, and must repeat the notice at least every 2 years. The notice goes by certified mail, return receipt requested, or another verifiable method the Department approves. Applies to: affected properties under the Maryland lead law (pre-1978 rental housing, per MDE) Source: Md. Code, Envir. § 6-820(b)-(d) |
| Condominium/HOA rules (Montgomery County) | In Montgomery County, before a tenant signs a lease with an initial term of 125 days or more for a unit in a condominium or development, the owner must give copies of the rules, declaration and recorded covenants that limit use or occupancy, and the lease must state that those restrictions can be enforced against the tenant. Applies to: Montgomery County condominium/development units, leases of 125+ days Source: Md. Code, Real Prop. § 8-210(b) |
Terms Maryland law requires or controls
| Written lease required | A landlord offering 5 or more rental dwelling units in Maryland must use a written lease. If no written lease is used, the tenancy is presumed to be for 1 year from first occupancy, and the tenant may end it earlier with 1 month's written notice. Applies to: landlords offering 5+ units Source: Md. Code, Real Prop. § 8-208(a) |
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| Habitability statement | The lease must state that the premises will be fit for habitation with reasonable safety, if that is the agreement; if not, it must state the agreed condition of the premises. Applies to: all residential leases |
| Automatic renewal clause | An automatic renewal clause that requires notice to terminate must be clearly set apart from the other lease terms and include a space for the tenant's written acknowledgment. Without the tenant's initials, signature or witnessed mark, the landlord cannot enforce it. Does not apply to automatic renewal periods of 1 month or less. Applies to: leases with automatic renewal periods longer than 1 month Source: Md. Code, Real Prop. § 8-208(e) |
| Security deposit limit | The security deposit may not exceed 1 month's rent per unit (up to 2 months only in the limited utility-assistance situation the statute describes). A landlord who charges more can owe up to 3 times the excess plus reasonable attorney's fees. Applies to: all residential leases Source: Md. Code, Real Prop. § 8-203(b) |
Clauses that are void in Maryland
| Confession of judgment | A lease may not authorize anyone to confess judgment on a claim arising from the lease. Applies to: all residential leases |
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| Waiver of rights | A lease may not have the tenant waive or give up any right or remedy under applicable law. Applies to: all residential leases |
| Excessive late fee | A late fee may not exceed 5% of the unpaid rent for the rental period; for weekly rent, no more than $3 per week or $12 per month. Applies to: all residential leases |
| Jury trial waiver | A lease may not waive the tenant's right to a jury trial. Applies to: all residential leases |
| Shorter notice to quit | A lease may not set a notice-to-quit period shorter than the law provides (a longer period may be agreed). Applies to: all residential leases |
| Self-help repossession | A lease may not let the landlord take possession of the unit or the tenant's belongings without legal process, unless the lease has ended and the tenant has abandoned the property. Applies to: all residential leases |
| Indemnity and landlord negligence | A clause requiring the tenant to indemnify the landlord, or exempting the landlord from liability for injury, loss or damage caused by the landlord's own negligence, fault or misconduct in the unit or shared areas (elevators, stairways, hallways), is void. Applies to: all residential leases |
| Retaliation for organizing | A lease may not allow eviction or a notice to quit solely in retaliation for a tenant organizing or joining a tenant organization. Applies to: all residential leases |
| Mandatory electronic rent-increase notices | A lease may not require the tenant to accept rent-increase notices electronically. Applies to: all residential leases |
| Penalties for calling police or emergency services | A lease may not limit a tenant's ability to call law enforcement or emergency services, or penalize a tenant for such calls or because someone else made them. Applies to: all residential leases |
| Excess move-in payments | A lease may not require more than the security deposit plus the first month's rent to start the lease and move in. Applies to: all residential leases |
| Right of first refusal waiver | A lease may not waive or put conditions on the tenant's statutory right of first refusal. Applies to: all residential leases |
| Court filing surcharge | A lease may not make the tenant pay the District Court filing surcharge assessed against the landlord, except as the Courts Article specifically allows. Applies to: all residential leases |
Format and delivery rules
| Copy of proposed lease on request | A landlord who uses written leases must, on written request, give a prospective applicant a copy of the proposed lease form, complete in all material respects except date, tenant name and address, unit description and rent, without requiring the applicant to sign or pay a deposit. Applies to: landlords using written leases Source: Md. Code, Real Prop. § 8-208(b) |
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| Penalty for prohibited clauses | A prohibited clause cannot be enforced. A landlord who offers a lease with one, tries to enforce it, or says it will be enforced can owe the tenant actual damages, including reasonable attorney's fees. Local laws may add more protections. Applies to: all residential leases |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Maryland law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Maryland law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Maryland law (Md. Code, Real Prop. § 8-208(d)(3)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Maryland limit (Md. Code, Real Prop. § 8-203(b)(1)-(3)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Maryland law sets (Md. Code, Real Prop. § 8-203(e)(1)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Maryland law requires (Md. Code, Real Prop. § 8-221), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Maryland law requires.
14. Written lease required. (Write this clause to meet Maryland law: see "Written lease required" above (Md. Code, Real Prop. § 8-208(a)).)
15. Habitability statement. (Write this clause to meet Maryland law: see "Habitability statement" above (Md. Code, Real Prop. § 8-208(c)(1)).)
16. Automatic renewal clause. (Write this clause to meet Maryland law: see "Automatic renewal clause" above (Md. Code, Real Prop. § 8-208(e)).)
17. Security deposit limit. (Write this clause to meet Maryland law: see "Security deposit limit" above (Md. Code, Real Prop. § 8-203(b)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Maryland law: Maryland Tenants' Bill of Rights; Security deposit receipt; Landlord or agent contact; Utilities and repairs; Mold information pamphlet; Pet policy; Lead paint: notice of tenant's rights; Condominium/HOA rules (Montgomery County). [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.