What Every Maryland Landlord Should Include in Their Lease
Real Estate Maryland
What Every Maryland Landlord Should Include in Their Lease
Essential lease terms every Maryland landlord should know
Being a landlord in Maryland comes with plenty of responsibilities, and your lease is one of your most important protections.
A well-drafted lease does more than establish the monthly rent. It sets expectations, defines responsibilities, and helps both landlords and tenants understand what happens when problems arise.
Maryland landlord-tenant law has also changed in recent years, making it especially important to review older lease forms rather than continuing to reuse them without checking for updates.
Here are some of the most important provisions Maryland landlords should consider.
Start With the Essential Lease Terms
A residential lease should clearly identify the parties and establish the basic terms of the tenancy.
DEPENDING ON THE PROPERTY AND APPLICABLE LAW, IMPORTANT INFORMATION MAY INCLUDE:
- Landlord and tenant names
- Rental property address
- Lease term
- Rent amount and payment requirements
- Responsibilities for utilities and repairs
- Security-deposit information
- Landlord or authorized agent contact information
Maryland law imposes additional requirements in certain circumstances. For example, landlords who offer five or more dwelling units for rent in Maryland must use a written lease and provide the tenant a copy. Certain leases for terms longer than one year also need to be in writing.
The key is not simply having a lease. The terms need to comply with Maryland law and any applicable local requirements.
Don't Forget the Maryland Tenants' Bill of Rights
This is one of the biggest changes from older Maryland leases.
Beginning July 1, 2025, Maryland landlords became required to attach the state's Tenants' Bill of Rights to every residential lease.
DHCD updates the document annually, and landlords cannot modify or edit the official version.
For 2026 leases, landlords should make sure they are attaching the current version, rather than continuing to use the version originally issued in 2025.
Be Precise About Security Deposits
Security deposits are an area where small mistakes can become expensive. Maryland generally limits a residential security deposit to one month's rent, although state law provides a limited exception that may allow up to two months' rent in certain circumstances involving utility assistance.
LANDLORDS ALSO NEED TO COMPLY WITH REQUIREMENTS INVOLVING:
- Security-deposit receipts
- Where and how deposits are maintained
- Move-in inspection rights
- Returning the deposit
- Itemizing permitted deductions
- Paying required interest
One correction to the previous blog is especially important: the interest rate is not simply 1.5%.
For qualifying deposits, Maryland law generally requires simple interest based on the daily U.S. Treasury yield curve rate for one year as of the first business day of the year, or 1.5% annually, whichever is greater.
Interest generally is not payable unless the deposit has been held for at least six months.
A landlord generally has 45 days after the tenancy ends to return the deposit with applicable interest, less amounts lawfully withheld, subject to statutory requirements and exceptions.
Clearly Explain Late Fees
If your lease imposes late fees, the provision must comply with Maryland law.
For monthly rental payments, a lease generally cannot impose a late-payment penalty exceeding 5% of the unpaid rent due for that rental period.
For weekly rentals, the penalty generally cannot exceed $3 per week or $12 per month.
Be Careful With Automatic Renewal Clauses
If your lease automatically renews unless someone provides notice, Maryland has specific requirements.
Except for automatic renewal periods of one month or less, the automatic-renewal provision must be separately set apart from the other lease provisions and include a place for the tenant to acknowledge it.
Know What Your Lease Cannot Say
A lease cannot override rights Maryland law gives tenants simply because both parties signed it.
MARYLAND PROHIBITS OR RESTRICTS CERTAIN LEASE PROVISIONS, INCLUDING PROVISIONS THAT IMPROPERLY:
- Authorize a confessed judgment
- Require tenants to waive rights or remedies provided by law
- Impose excessive late fees
- Allow the landlord to take possession without following the required legal process
- Relieve the landlord from liability arising from the landlord's negligence
A lease cannot override rights Maryland law gives tenants simply because both parties signed it.
Add Practical Protections Beyond the Minimum
A good lease should also address the everyday issues that frequently create landlord-tenant disputes.
Depending on the property, useful provisions may cover:
Move-In and Move-Out Procedures
Documenting the property's condition can help when determining responsibility for damage.
Guests and Subletting
Explain whether subletting is permitted and establish reasonable expectations concerning guests and unauthorized occupants.
Use of the Property
Specify permitted uses of the premises, particularly if you want to address unauthorized business activity or short-term rentals.
Alterations
Explain whether tenants need written permission before painting, installing fixtures, or making other changes.
Landlord Entry
Establish a reasonable procedure for nonemergency access, while also accounting for applicable local requirements.
Maintenance and Repairs
Clearly distinguish tenant responsibilities from landlord responsibilities without attempting to shift obligations that Maryland law places on the landlord.
These provisions should be tailored to the property rather than copied blindly from a generic online lease.
Address Termination and Notice Requirements
Your lease should clearly explain what happens when either party wants the tenancy to end.
UNDER MARYLAND'S STATEWIDE RULES, A LANDLORD GENERALLY MUST PROVIDE:
- 60 days' written notice for a written lease with a stated term longer than one week or a month-to-month tenancy
- 90 days' written notice for a year-to-year tenancy
- Different notice periods for certain week-to-week and farm tenancies
There are exceptions, and local laws may provide additional protections or requirements, so landlords should check the rules where the property is located.
This is particularly important for landlords operating in jurisdictions such as Baltimore City or Montgomery County, where additional local landlord-tenant rules may apply.
Maryland Law Isn't Always the Whole Story
One of the most important things Maryland landlords should remember is that state law may not be the only law governing the property.
COUNTIES AND MUNICIPALITIES MAY IMPOSE ADDITIONAL REQUIREMENTS INVOLVING MATTERS SUCH AS:
- Rental licensing
- Inspections
- Lead-related compliance
- Notice requirements
- Tenant protections
- Rental-property standards
DHCD specifically advises that local governments may establish additional rental requirements and tenant protections.
That is one reason a lease downloaded online or copied from another Maryland property may not be appropriate for your rental.
Don't Let an Old Lease Create a New Problem
A lease that worked several years ago may contain outdated language or omit newer requirements.
Landlords should periodically review their leases, especially after significant changes to Maryland landlord-tenant law.
A lease review is also a good opportunity to confirm that your property ownership, insurance, liability protection, and rental procedures still work together.
Final Thoughts: Your Lease Is Part of Your Protection
A strong Maryland lease should be clear, legally compliant, and tailored to the property.
It should establish expectations before problems occur while avoiding provisions that Maryland law prohibits or limits.
Most importantly, landlords should not assume that an older lease remains compliant simply because it worked in the past.
Periodic review can help identify outdated provisions before they become part of a dispute.
Key Takeaways
- Attach the current Maryland Tenants' Bill of Rights to residential leases.
- Follow Maryland's current security-deposit and interest requirements.
- Make sure late fees and automatic-renewal provisions comply with state law.
- Avoid prohibited or unenforceable lease terms.
- Include practical rules covering guests, property use, alterations, maintenance, and access.
- Check local requirements in addition to Maryland statewide law.
Is Your Maryland Lease Up to Date?
Whether you own one rental property or manage a larger portfolio,
DK Law Group can help review or draft your lease and identify provisions that may need attention under current Maryland law.
Interactive Maryland Lease Game
Name That Lease Term!
You have the clues. Can you identify the missing lease term? There is one catch: every answer has been scrambled.
This activity is for general educational purposes only and does not provide legal advice.
Answer:
Why?
Type the unscrambled term, then press Enter.
Educational activity only—not legal advice. Lease requirements may depend on the property, location, and current law.
🏆 Your Results
🏠 Remember
A good lease does more than collect rent. It creates clear expectations, helps prevent avoidable disputes, and gives landlords a stronger foundation for protecting their rental property while staying compliant with Maryland law.
