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Home » US Law » 2022 Maryland Statutes » Real Property » Title 8 - Landlord and Tenant » Subtitle 2 - Residential Leases

Section 8-201 – Applicability of Subtitle

    (a)    This subtitle is applicable only to residential leases unless otherwise provided.     (b)    This subtitle does not apply to a tenancy arising after the sale of owner-occupied residential property where the seller and purchaser agree that the seller may remain in possession of the property for a period of not more than 60 days after the settlement.

Section 8-202 – Lease Option Agreements

    (a)    For the purposes of this section, a “lease option agreement” means any clause in a lease agreement or separate document that confers on the tenant some power, either qualified or unqualified, to purchase the landlord’s interest in the property.     (b)    (1)    A lease option agreement to purchase improved residential property, with or without a ground rent:             (i)    If […]

Section 8-203 – Security Deposits

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Landlord” means a landlord or a prospective landlord.         (3)    “Security deposit” means any payment of money, including payment of the last month’s rent in advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment […]

Section 8-203.1 – Security Deposit Receipt

    (a)    A receipt for a security deposit shall notify the tenant of the following:         (1)    The right to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within […]

Section 8-204 – Covenant of Quiet Enjoyment

    (a)    This section is applicable only to single or multi-family dwelling units.     (b)    A landlord shall assure the tenant that the tenant, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease.     (c)    If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning […]

Section 8-205 – Landlord to Give Tenant Receipt

    (a)    (1)    In Anne Arundel County, unless the tenant makes payment by check or rents the property for commercial or business purposes, if property is leased for any definite term or at will, the landlord shall give the tenant a receipt showing payment and the time period which the payment covers.         (2)    On conviction of violating this section, […]

Section 8-205.1 – Payments for Water or Sewer Utility Services to Landlord

    (a)    In this section, “utility service provider” means a public service company or a unit of State or local government that provides water or sewer utility services.     (b)    (1)    This section applies only to a landlord of a building that contains one or two residential dwelling units.         (2)    This section does not apply to a landlord that requires a […]

Section 8-206 – Retaliatory Evictions in Montgomery County

    (a)    Evictions described in subsection (b) of this section are called “retaliatory evictions”.     (b)    No landlord may evict a tenant of any residential property in Montgomery County because:         (1)    The tenant has filed a complaint against the landlord with any public agency;         (2)    The tenant has filed a lawsuit against the landlord; or         (3)    The tenant is a member of […]

Section 8-207 – Duty of Aggrieved Party to Mitigate Damages on Breach of Lease; Secondary Liability of Tenant for Rent

    (a)    The aggrieved party in a breach of a lease has a duty to mitigate damages if the damages result from the landlord’s or tenant’s:         (1)    Failure to supply possession of the dwelling unit;         (2)    Failure or refusal to take possession at the beginning of the term; or         (3)    Termination of occupancy before the end of the term.     (b)    The […]

Section 8-208 – Written Leases; Supplementary Rights Afforded by Local Law or Ordinance; Prohibited Provisions Not Enforceable; Damages; Severability

    (a)    (1)    On or after October 1, 1999, any landlord who offers 5 or more dwelling units for rent in the State may not rent a residential dwelling unit without using a written lease.         (2)    If a landlord fails to comply with paragraph (1) of this subsection, the term of the tenancy is presumed to be 1 year […]

Section 8-208.1 – Retaliatory Actions

    (a)    (1)    For any reason listed in paragraph (2) of this subsection, a landlord of any residential property may not:             (i)    Bring or threaten to bring an action for possession against a tenant;             (ii)    Arbitrarily increase the rent or decrease the services to which a tenant has been entitled; or             (iii)    Terminate a periodic tenancy.         (2)    A landlord may not take […]

Section 8-208.2 – Retaliatory Actions for Informing Landlord of Lead Poisoning Hazards

    (a)    Notwithstanding the provisions of § 8-208.1 of this subtitle, a landlord of real property subject to the provisions of Title 6, Subtitle 8 of the Environment Article may not evict or take any other retaliatory action against a tenant primarily as a result of the tenant providing information to the landlord under Title 6, Subtitle […]

Section 8-208.3 – Landlord to Maintain Record of Rent Paid

    Every landlord shall maintain a records system showing the dates and amounts of rent paid to the landlord by the tenant or tenants and showing also the fact that a receipt of some form was given to each tenant for each cash payment of rent.

Section 8-210 – Information to Be Posted or Provided by Landlord

    (a)    (1)    The landlord of any residential rental property shall include in a written lease or post a sign in a conspicuous place on that property listing the name, address, and telephone number of:             (i)    The landlord; or             (ii)    The person, if any, authorized to accept notice or service of process on behalf of the landlord.         (2)    If a landlord […]

Section 8-211 – Repair of Dangerous Defects; Rent Escrow

    (a)    The purpose of this section is to provide tenants with a mechanism for encouraging the repair of serious and dangerous defects which exist within or as part of any residential dwelling unit, or upon the property used in common of which the dwelling unit forms a part. The defects sought to be reached by this […]

Section 8-211.1 – Failure of Lessor to Remove Lead-Based Paint; Rent Escrow

    (a)    Notwithstanding any provision of law or any agreement, whether written or oral, if a landlord fails to comply with the applicable risk reduction standard under § 6-815 or § 6-819 of the Environment Article, the tenant may deposit the tenant’s rent in an escrow account with the clerk of the District Court for the district […]

Section 8-212.1 – Liability of Military Personnel Receiving Certain Orders

    (a)    In this section, “change of assignment” includes:         (1)    Permanent change of station orders;         (2)    Temporary duty orders for a period exceeding 90 days;         (3)    Orders requiring a person to move into quarters located on a military installation; and         (4)    A release from active duty, including:             (i)    Retirement;             (ii)    Separation or discharge under honorable conditions; and             (iii)    Demobilization of an activated reservist or […]

Section 8-212.2 – Limitation of Liability of a Tenant for Rent

    (a)    This section does not apply to a tenant under a residential lease that contains a liquidated damages clause or early termination clause that:         (1)    Requires written notice to vacate of 1 month or less; and         (2)    Imposes liability for rent less than or equal to 2 months’ rent after the date on which the tenant vacates the […]

Section 8-212.3 – Deduction From Rent for Utility Payments by Tenant Owed by Landlord

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Affected dwelling unit” has the meaning stated in § 7–309 of the Public Utilities Article.         (3)    “Landlord” has the meaning stated in § 7–309 of the Public Utilities Article.         (4)    “Tenant” has the meaning stated in § 7–309 of the Public Utilities Article.         (5)    “Utility service” has the […]

Section 8-213 – Applications for Leases; Deposits

    (a)    An application for a lease shall contain a statement which explains:         (1)    The liabilities which the tenant incurs upon signing the application; and         (2)    The provisions of subsections (b) and (c) of this section.     (b)    (1)    (i)    If a landlord requires from a prospective tenant any fees other than a security deposit as defined by § 8-203(a) of this subtitle, […]