Maryland Lease Agreement

A Maryland lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities. To be legally valid, the lease must follow Maryland's Landlord-Tenant laws (Real Property Article, Title 8). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Maryland commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party terminates or modifies the lease, but notice requirements vary (Md. Real Prop. Ann. Code § 8-209 and § 8-402):
  • Landlord must give the tenant at least 60 days’ written notice to end the tenancy.
  • Tenant may terminate with 30 days’ written notice.
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — with landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Maryland lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms (Md. Real Prop. Ann. Code § 8-203):
  • Deposit amount cannot exceed one month’s rent.
  • Landlord must pay interest on the deposit.
  • Deposit must be returned within 45 days of move-out with an itemized deduction list.
• Maryland Required Disclosures:
  • Lead-based paint disclosures (for properties built before 1978)
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Maryland law:

• Lease Agreement: Usually for a fixed term (e.g., 12 months). Rent and terms stay the same unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Runs month-to-month and renews automatically. Tenants can terminate with 30 days’ written notice, and landlords can terminate or change terms with 60 days’ written notice (Md. Real Prop. Ann. Code § 8-209 and § 8-402).

No, under Maryland's Landlord-Tenant laws (Real Property Article, Title 8), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it.

For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 60 days’ written notice before the next rental period begins (Md. Real Prop. Ann. Code § 8-209).

If a tenant ends their lease early in Maryland, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant. Under Maryland's Landlord-Tenant laws (Md. Real Prop. Ann. Code § 8-208), landlords must make reasonable efforts to re-rent the property to reduce financial loss — this is called “mitigating damages.”

In Maryland, lease renewal and termination depend on the type of lease:

• Fixed-Term Lease:
  • Ends automatically on the stated end date unless both parties agree to renew.
  • Renewals must be in writing via a new lease or signed addendum.
  • Early termination requires mutual consent or a legal reason (Md. Real Prop. Ann. Code § 8-5A-01 through § 8-5A-03).
• Month-to-Month Lease:
  • Automatically renews each month.
  • Tenants may terminate with 30 days’ written notice.
  • Landlords may terminate with 60 days’ written notice (Md. Real Prop. Ann. Code § 8-402).

Yes, a Maryland lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing. Any changes must be added as a lease addendum that clearly describes what’s being modified (such as rent changes, pet policies, or added occupants). Both parties must sign and date the addendum to make it legally binding, and it must comply with Maryland's Landlord-Tenant laws (Real Property Article, Title 8).