Maryland Residential Lease Agreement

MARYLAND RESIDENTIAL LEASE AGREEMENT

 

THIS LEASE AGREEMENT (hereinafter referred to as the “Agreement”) made and entered into this ____________ day of ____________________________, 20____, by and between __________________________________________________________, whose address is ______________________________________________________________ (hereinafter referred to as “Landlord”) and __________________________________________________________________________ (hereinafter referred to as “Tenant”).  

 

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________ County, Maryland, such real property having a street address of ____________________________________________________ (hereinafter referred to as the “Premises”).

 

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and             

 

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein.      

 

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 

 

1.     TERM.  This Agreement shall commence on ________________________ (“Commencement Date”). [check either A or B]:

☐   A. Lease for Term: This Agreement shall continue as a lease for a fixed term. The termination date of this lease shall be ________________ [calendar date], at 11:59 p.m., on which date the tenancy shall automatically expire unless otherwise extended or renewed in writing by both parties. Upon the termination date, Tenant shall vacate the Premises unless one of the following occurs: (i) Landlord and Tenant extend this Agreement in writing or execute a new written Agreement; (ii) local rent-control law mandates extension of the tenancy; or (iii) Landlord willingly accepts new rent from Tenant, which does not constitute past-due rent. If Landlord accepts new rent from Tenant, a month-to-month tenancy shall be created, subject to the notice provisions below. Rent shall continue at the rate specified in this Agreement, or as otherwise allowed by law. All other terms and conditions of this Agreement remain in full force and effect.

 

☐   B. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing written notice of intention to terminate to Landlord at least thirty (30) days prior to the desired termination date. If at any time Landlord desires to terminate the tenancy, Landlord must provide written notice of intention to terminate to Tenant at least sixty (60) days prior to the desired termination date for a month-to-month tenancy or ninety (90) days for a year-to-year tenancy. Where local law provides greater tenant protections, those protections apply. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

 

Early Termination for Domestic Violence: Tenant may terminate this Lease early upon proper written notice and documentation if Tenant or an immediate family member has experienced domestic violence or abuse. Tenant is liable only for rent through the effective date specified in Tenant’s notice, not to exceed thirty (30) days after notice.

 

2.    RENT.  Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement; however, the Damage Deposit shall not be considered Rent. Tenant shall pay to Landlord __________________________________________________________________ DOLLARS ($_______________) per month as Rent for the Term of the Agreement. Rent shall be due on the first (1st) day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. If the Commencement Date is not the first (1st) day of a calendar month, Rent paid on the Commencement Date shall be prorated based on a thirty (30)-day period.

 

Rent Adjustments. Rent may be increased only upon renewal of this Agreement and only after Landlord has provided Tenant with not less than ninety (90) days’ prior written notice of the proposed increase. No rent increase shall take effect during the initial term of this Agreement unless otherwise required by law or mutually agreed in writing by both parties.

 

Acceptable Forms of Payment. The only permitted forms of payment of Rent to Landlord shall be [check all that apply]:
☐ personal check, ☐ money order, ☐ cashier’s check, or ☐ other: _________________________________________________. Payment shall be made to Landlord under the following name and address: ___________________________________________ _______________________________________________________________________________________________________. If any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three (3) consecutive months, and that all future Rent payments be remitted by money order or cashier’s check. Landlord shall provide Tenant with a written receipt for all cash or money order payments made by Tenant for rent, security deposit, or any other purpose under this Agreement.

 

3.     SECURITY DEPOSIT.  In accordance with the Code of Maryland, Real Property § 8-203, Tenant has deposited with Landlord the sum of __________________________________________________________________ DOLLARS ($_______________), receipt of which is hereby acknowledged. This amount shall not exceed one (1) month’s rent. The deposit shall be held as collateral security and may be applied toward any rent or unpaid utility bill remaining due at the expiration of this Lease, any extension thereof, or any holding-over period, or to damages to the Premises beyond ordinary wear and tear caused by Tenant, Tenant’s family, guests, agents, employees, or invitees, or to any other loss or expense suffered by Landlord as a result of Tenant’s breach of this Lease. This Agreement shall serve as Tenant’s receipt for such deposit, and Landlord shall retain a copy of this Agreement for at least two (2) years after termination of the tenancy, abandonment of the Premises, or eviction of Tenant. Tenant may not use or apply the security deposit as rent, including the last month’s rent.

 

The security deposit shall be deposited and maintained in an escrow account in a federally insured financial institution that does business in the State of Maryland, devoted exclusively to security deposits, within thirty (30) days after receipt. The deposit may be held in insured certificates of deposit at such institutions or in securities issued by the federal government or the State of Maryland.

 

Return of Deposit and Interest. Within forty-five (45) days after the tenancy ends, Landlord shall return the deposit, less lawful deductions, together with simple interest at the greater of one-and-one-half percent (1.5 %) per year or the one-year U.S. Treasury yield rate as of January 1 for each year in which interest accrues, subject to any statutory thresholds for accrual. Any prior language inconsistent with this paragraph is superseded.

 

Withholding and Interest Accumulation. Interest shall accrue monthly from the date Tenant’s deposit is received, provided the deposit equals or exceeds Fifty Dollars ($50.00). No interest is due for any period less than a full month or for deposits held fewer than six months. These provisions do not apply to a Tenant who has abandoned or been evicted unless such Tenant makes a written demand for return of the deposit within forty-five (45) days after vacating and provides a forwarding address.

 

Itemization of Charges. If either Landlord or Tenant claims any charges for repair of damages to the Premises, the claiming party shall provide an itemization of such charges. Upon written request, the claiming party must substantiate the charges.

 

Repairs and Transfer of Deposit. Tenant’s obligations under this Lease may not end merely because Tenant ceases to occupy the Premises. Repairs required may be so substantial or of such a nature that work will not be completed within the forty-five (45)-day period following termination of the tenancy. In such event, Landlord reserves the right to pursue Tenant for reimbursement of costs incurred for damages.

 

In the event of a sale or transfer of the property, Landlord shall transfer the security deposit to the transferee and notify Tenant in writing of the transferee’s name and address. Upon such transfer and notice, Landlord is released from further liability for return of the deposit, and Tenant shall look solely to the new Landlord for its return. The foregoing shall apply to each successive transfer or assignment. If Tenant assigns or sublets the Lease, the deposit shall be deemed held by Landlord for the benefit of the assignee or sub-lessee, and Landlord shall have no further liability to the original Tenant for its return.

 

Required Disclosures for Security Deposit Receipt. Pursuant to § 8-203.1 of the Maryland Real Property Code, Tenant is advised of the following rights regarding the security deposit:

 

(a)    The right to request an inspection by Landlord, in Tenant’s presence, for the purpose of making a written list of existing damages at the commencement of the tenancy if requested by certified mail within 15 days after occupancy;

(b)   The right to be present when Landlord inspects the Premises at the end of the tenancy to determine damages if Tenant notifies Landlord by certified mail at least 15 days before Tenant’s intended move, stating the date of moving and Tenant’s new address;

(c)    Landlord’s obligation to conduct that inspection within five (5) days before or after Tenant’s stated move date;

(d)   Landlord’s obligation to notify Tenant in writing of the inspection date;

(e)    Tenant’s right to receive, by first-class mail to Tenant’s last known address, a written list of any charges claimed against the deposit and the actual costs, within 45 days after termination of the tenancy;

(f)    Landlord’s obligation to return any unused portion of the deposit by first-class mail within 45 days after termination of the tenancy; and

(g)   Landlord’s failure to comply with Maryland’s security-deposit law may result in liability to Tenant for up to three (3) times the amount withheld, plus reasonable attorney’s fees.

 

4.     USE OF PREMISES.  The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ___________________________________________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling.  Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use.   Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

 

5.     CONDITION OF PREMISES. Landlord shall deliver the Premises and all common areas in a clean, habitable, and sanitary condition, free of rodents and vermin, and in compliance with all applicable laws. If the Premises are part of a condominium or cooperative housing structure, Landlord is required to deliver the dwelling unit itself in such condition. Tenant acknowledges that Tenant has examined the Premises and agrees that they are, at the commencement of this Lease, in good order and repair and in a safe, clean, habitable, and sanitary condition. If Tenant claims any pre-existing damage or defect, Tenant shall attach to this Lease a written list of such pre-existing conditions, labeled Exhibit “A”, which shall be signed by both parties and incorporated herein by reference.

   [Initial:]   Tenants: ______, ______, ______, ______               Landlord or Landlord’s Representative: ______, ______

6.     ASSIGNMENT AND SUBLEASING.  Tenant shall not assign this Agreement, or sublease or grant any license or other right to use the Premises or any part thereof, without Landlord’s prior written consent, which Landlord shall not unreasonably withhold. A consent by Landlord to one assignment, sublease, or license shall not be deemed consent to any subsequent assignment, sublease, or license. Any assignment, sublease, or license made without Landlord’s prior written consent, or by operation of law, shall be null and void and shall, at Landlord’s option, constitute a default and terminate this Agreement. Any proposed assignee, subtenant, or licensee must meet the same qualifications as required of prospective tenants, including, but not limited to, satisfactory credit, rental, and employment references. Tenant shall pay a processing fee of $__________________, which shall be fair and reasonable and intended solely to offset Landlord’s actual expenses in reviewing the proposed assignment or sub-tenancy. The rights granted to Tenant under this paragraph shall not apply to: (1) a rental dwelling unit in a common ownership community if a valid legal restriction prohibits subleasing; (2) an accessory apartment; (3) a mobile home as defined under applicable local law; or (4) an individual living unit.

 

7.     ALTERATIONS AND IMPROVEMENTS.  Tenant shall make no alterations, additions, or improvements to the buildings or other structures on the Premises, nor construct or install any new building, fixture, or improvement, without the prior written consent of Landlord. Any alterations, additions, or improvements made to the Premises by Tenant shall, unless otherwise agreed in writing by Landlord and Tenant, become the property of Landlord and shall remain upon the Premises at the expiration or earlier termination of this Agreement.

 

8.     NON-DELIVERY OF POSSESSION.  In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given.  Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date.  In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9.     HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. If the Premises were constructed prior to 1978, Landlord is required to disclose lead-based paint hazards, and Tenant hereby acknowledges receipt of the pamphlet ("Lead Poisoning Prevention: Notice of Tenant's Rights" and "Protect Your Family From Lead in Your Home") on this subject.

10.   UTILITIES.  Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 

 

11.   MAINTENANCE AND REPAIR; RULES. Tenant shall, at Tenant’s sole expense, keep and maintain the Premises and all appurtenances in good and sanitary condition and repair throughout the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall comply with the following:

 

Utilities and Billing Disclosure. If Landlord bills Tenant separately for utilities or uses a ratio-utility-billing system (RUBS) or sub-metering, Landlord shall disclose in writing the billing method and the formula used to calculate Tenant’s share. Landlord shall also provide either the two (2) most recent utility bills for the property or the total utility costs for the prior year by category. Upon written request, Tenant may inspect the underlying bills used to calculate the charges.

 

Mold Notification and Remediation. If Tenant believes that mold exists in the Premises, Tenant shall promptly provide written notice to Landlord describing the condition. Within fifteen (15) days after receiving such notice, Landlord shall inspect the Premises and, if mold is confirmed, shall remediate the condition within forty-five (45) days if feasible, or otherwise within a reasonable time. Landlord shall communicate the progress and completion of the remediation in writing.

 

Tenant Maintenance Responsibilities. Tenant’s maintenance obligations shall include, without limitation, the following duties:

 

(a) Not obstruct the driveways, sidewalks, courts, entryways, stairs, and halls, which shall be used for ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;

(c) Not obstruct or cover the windows or doors;

(d) Not leave windows or doors open during inclement weather;

(e) Not hang laundry, clothing, sheets, or similar items from any window, rail, porch, or balcony, nor air-dry any such items in any yard area or space;

(f) Not install any locks or hooks upon any door or window without Landlord’s prior written consent;

(g) Keep all air-conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and other plumbing fixtures in good order and repair, using them only for their intended purposes. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes, or other substances to be thrown or deposited therein. Any damage or cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

(i) Ensure that Tenant, Tenant’s family, and guests maintain order in and about the Premises and refrain from loud or improper noises or conduct disturbing other residents;

(j) Keep all radios, television sets, stereos, and similar devices turned to a level that does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, and refuse in the designated receptacles and not allow the same to accumulate outside any building or within common areas; and

(l) Abide by all rules and regulations affecting the Premises or common areas that may be adopted by the applicable Condominium or Homeowners’ Association having control over them.

 

12.   INSURANCE.  Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

 

13.   DAMAGE TO PREMISES.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date.  Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease.  In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

 

14.   RIGHT OF ENTRY TO PREMISES. Except in emergencies or as otherwise required by law, Landlord shall provide Tenant with at least twenty-four (24) hours’ prior written notice before entering the Premises and shall enter only Monday through Saturday, between 7:00 a.m. and 7:00 p.m., for lawful purposes including inspections, repairs, maintenance, or showings. Tenant shall not unreasonably withhold consent to entry during such hours. Any prior conflicting entry language is superseded by this provision.

 

15.   SUBORDINATION OF LEASE This Lease and Tenant’s rights and interest hereunder are and shall remain subordinate, junior, and inferior to any and all mortgages, deeds of trust, liens, or other encumbrances now or hereafter placed upon the Premises by Landlord, including all renewals, extensions, modifications, and future advances thereunder. Tenant shall, upon Landlord’s request, execute any reasonable documentation required to evidence or confirm such subordination, provided Tenant’s quiet enjoyment of the Premises is not materially disturbed so long as Tenant is not in default.

 

16.   SURRENDER OF PREMISES.  Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.  

 

17.   ANIMALS.    ☐ Permitted   ☐ Not Permitted.   If the “Permitted” box is checked, Tenant may keep no more than ___________ (____) approved domestic pets, subject to Landlord’s prior written consent and Landlord’s written pet policy, including any applicable breed or weight restrictions, vaccination requirements, and any additional deposits or fees. If the “Not Permitted” box is checked, Tenant shall not keep or permit any animals on the Premises. If pets are permitted, Tenant shall pay a pet deposit of ___________________________________________________________________ DOLLARS ($______________), of which ___________________________________________________________________ DOLLARS ($______________), may be designated by Landlord in writing as non-refundable to cover cleaning or related costs at the end of the tenancy. Any refundable portion shall be returned to Tenant within forty-five (45) days after the tenancy ends, less the cost of repairing any damage caused by any animal. Assistance animals required by a person with a disability are not considered pets and are not subject to pet deposits, pet rent, or additional fees. Tenant remains responsible for any actual damage caused by an animal and for maintaining it in compliance with all applicable health, safety, and noise ordinances.

 

18.   QUIET ENJOYMENT.  Tenant, upon timely payment of all sums due under this Lease and upon performance of all Tenant obligations herein, shall peaceably and quietly have, hold, and enjoy the Premises for the term of this Lease without disturbance from Landlord or anyone lawfully claiming under Landlord, subject to the terms and conditions of this Lease and to any mortgages or encumbrances of record.

 

19.   INDEMNIFICATION.  Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant’s family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 

 

20.   DEFAULT.  If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement.  If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord’s option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.

 

21.   LATE CHARGE. If Tenant fails to pay rent when due, no late fee shall be charged until the rent is at least five (5) days past due. Any late fee shall not exceed five percent (5 %) of the amount of rent due for the applicable rental period. This provision complies with and supersedes any prior or local late-fee standards under Maryland law.

 

22.   ABANDONMENT.  If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option and in the manner provided by law, re-enter and take possession of the Premises without liability to Tenant for damages or compensation. Landlord may, at Landlord’s discretion and as Tenant’s agent, relet the Premises or any portion thereof for all or part of the unexpired term and may apply any rent received to amounts due under this Lease. Tenant shall remain liable for any deficiency between the rent that would have been payable during the remainder of the term and the net rent actually realized through reletting.

 

Personal Property After Abandonment or Eviction. Before disposing of any personal property left on the Premises following abandonment or eviction, Landlord shall send written notice by first-class mail to Tenant’s last known address and shall allow at least fourteen (14) days for Tenant to reclaim the property. If the property is not reclaimed within that period, Landlord may dispose of it in any lawful manner and shall have no further liability to Tenant.

 

23.   ATTORNEYS’ FEES.  Any provision for attorney’s fees under this Lease shall be reciprocal: if one party is entitled to recover attorney’s fees, so is the other, under the same terms. Any attorney’s fees must be determined and awarded by a court as reasonable under the circumstances. Attorney’s fees are not additional rent and need not be paid to redeem the Premises in a failure-to-pay-rent action. If Tenant is the prevailing party, or if the court awards costs or attorney’s fees to Tenant, Landlord shall promptly pay those amounts. Any prior conflicting attorney’s-fee language in this Lease is superseded by this section.

 

24.   RECORDING OF AGREEMENT.  Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.

 

25.   SEVERABILITY.  If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby but instead shall be enforced to the maximum extent permitted by law.

 

26.   BINDING EFFECT.  The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

 

27.   DESCRIPTIVE HEADINGS.  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

 

28.   CONSTRUCTION.  The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

 

29.   NON-WAIVER.  No indulgence, waiver, election, or non-election by either party under this Agreement shall operate as or be deemed a waiver of any subsequent breach or default, nor shall it affect the other party’s duties, obligations, or liabilities hereunder. Any waiver must be in writing and signed by the party granting it.

 

30.   ENTIRE AGREEMENT; MODIFICATION; GOVERNING LAW. This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may not be modified, changed, or amended except by a written instrument signed by both Landlord and Tenant. No provision of this Lease waives or limits any right or remedy available to either party under applicable Maryland landlord-tenant law. If any term of this Lease conflicts with Maryland law, Maryland law shall control and govern.

 

31.   NOTICE.  Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to:                                                                

________________________________________
[Landlord’s Name]

________________________________________
[Landlord’s Address]

________________________________________
[Landlord’s E-Mail Address]

 

If to Tenant to:                                                                

________________________________________
[Tenant's Name]

________________________________________
[Tenant's Address]

________________________________________
[Tenant's E-Mail Address]

   A courtesy copy of any notice may also be sent by e-mail but is not required. Landlord and Tenant may each change their notice address from time to time by written notice to the other. In the event of a change in any of the names or addresses above, Landlord shall advise Tenant of the change within thirty (30) days after it occurs, either in writing or by posting a notice in a conspicuous place on the Premises. The Landlord designated above is either the owner of record or an authorized agent empowered to receive legal notices, demands, and service of process on the owner’s behalf.

 

Electronic Notices by Agreement.

☐  Yes – Both parties agree to conduct transactions and deliver notices electronically.

☐  No – Notices must be delivered by physical mail or personal delivery.

 

If the “Yes” box is checked, notices may be delivered electronically to the e-mail addresses listed above. Electronic delivery does not alter or shorten any statutory notice periods under Maryland law. Either party may withdraw consent to electronic delivery by providing written notice to the other.

 

32.   SPECIAL PROVISIONS APPLICABLE ONLY TO MONTGOMERY COUNTY: 

☐ Applicable  ☐ Not Applicable – Property Not Located in Montgomery County

 

If the “Applicable” box is checked, the following provisions apply:

 

(a)    Two-Year Lease Offer.  Montgomery County law requires each landlord to offer each prospective tenant a lease for an initial term of 2 years unless the landlord has reasonable cause to do otherwise.  The tenant may accept or reject this offer.  Before signing this lease, the tenant confirms that (initial and date one option):

      ______ ______ ______ ______ a. The landlord offered me a 2-year lease term and I accepted it.        Date: _______________

      ______ ______ ______ ______ b. The landlord offered me a 2-year lease term but I rejected it.         Date: _______________

______ ______ ______ ______ c. The landlord gave me a statement: (i) explaining why the landlord had reasonable cause not to offer me a 2-year lease term; and (ii) telling me that I can challenge the landlord's action by filing a complaint with the Montgomery County Department of Housing and Community Affairs.    Date: _______________

(b)   Acknowledgment of Landlord’s Responsibility for Maintenance. In accordance with Montgomery County Code Section 29-27(c), Landlord acknowledges its responsibility for maintenance of the Premises. As an express warranty of habitability and covenant to repair, the following provisions from the Montgomery County Code are incorporated by reference into this Agreement: Chapter 8, “Building;” Chapter 22, “Fire Prevention;” Chapter 26, “Housing and Building Standards,” and Chapter 59, “Zoning.”

 

(c)    Notification of Location of Rental Housing License. The Premises is licensed as required under Montgomery County law. Tenant may inspect a copy of the rental housing license at the Montgomery County Department of Housing and Community Affairs, Office of Landlord-Tenant Affairs, or online at www.montgomerycountymd.gov/dhcalicensing.

(d)   Tenant’s Right to Terminate Lease. (i) Tenant may terminate this Lease by providing Landlord with thirty (30) days’ written notice of Tenant’s involuntary change of employment from the Washington metropolitan area, death of major wage earner, unemployment, or other reasonable cause beyond Tenant’s control. (ii) If Tenant claims an involuntary change in employment, Tenant must provide Landlord with written evidence of the employment change and demonstrate that the distance is greater than 25 miles beyond the perimeter of the Washington metropolitan area, which for purposes of this Agreement is defined as the area also known as the Washington–Arlington–Alexandria (DC–VA–MD–WV) metropolitan statistical area as classified by the U.S. Office of Management and Budget. (iii) If Tenant claims a death of major wage earner, unemployment, or other reasonable cause beyond Tenant’s control, Tenant must provide Landlord with written evidence in support of the claim. (iv) The written evidence owed to Landlord under this paragraph is due on the same date that Tenant provides Landlord with the thirty (30) day notice. (v) If Tenant’s claim is not appropriately substantiated and verifiable, or if the claim fails to meet the standard of reasonable cause, Landlord may reject Tenant’s claim. (vi) In the event of termination under this paragraph, Tenant is liable for a reasonable termination charge not to exceed the lower of one month’s Rent or actual damages sustained by Landlord. (vii) If it is determined by a court of proper jurisdiction that Tenant has materially misrepresented a claim under this paragraph and has acted in bad faith, Tenant agrees to pay Landlord as liquidated damages a penalty equivalent to twice the balance of Rent for the remaining full term under this Agreement.

 

(e)    Evictions. Landlord hereby notifies Tenant that general information and assistance regarding evictions are available from the Montgomery County Department of Housing and Community Affairs.

 

33.   ADDITIONAL PROVISIONS AND REQUIRED DISCLOSURES. The following additional provisions and disclosures apply to this Lease:

 

(a) Lead-Based Paint Disclosure (Pre-1978 Housing). If the Premises were built before 1978, Landlord shall provide Tenant with a completed Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form and a copy of the EPA pamphlet “Protect Your Family from Lead in Your Home.” Tenant shall acknowledge receipt of both prior to signing this Lease.

 

(b) Flood Disclosure. In accordance with Maryland Real Property § 8-211.2 (effective Oct 1, 2024), Landlord discloses the following to the best of Landlord’s knowledge:

 

 ☐ The Premises are located in a FEMA-designated 100-year floodplain.

 ☐ The Premises are not located in a FEMA-designated 100-year floodplain.

 ☐ Landlord has knowledge of flooding at the Premises during Landlord’s ownership.

 ☐ Landlord has no knowledge of flooding at the Premises during Landlord’s ownership.

 

(c) Environmental and Safety Disclosures. Landlord shall disclose any known material environmental or safety hazards on the Premises, including but not limited to the presence of asbestos, mold, radon, or other hazardous conditions known to Landlord that may materially affect health or safety.

 

(d) Other Required Disclosures. Landlord shall disclose any other matters required under federal, state, or local law, including but not limited to utility billing arrangements (RUBS or sub-metering), pending code violations, or notices of condemnation.

 

(e) Additional Provisions. 
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34.   RIGHT OF FIRST REFUSAL TO PURCHASE (1–3 UNITS). If the Premises are part of a property containing one (1) to three (3) dwelling units and the Owner intends to sell the property, Tenant shall receive written notice of the Owner’s intent to sell and shall be afforded an opportunity to make an offer to purchase the Premises on terms not less favorable than any bona fide third-party offer, within the time period provided by applicable Maryland law.

 

As to Landlord:

 

LANDLORD (“LANDLORD”):

 

 

Sign: _________________________________________

Print: _________________________________________   

 

As to Tenant:

 

TENANT (“TENANT”):

 

 

Sign: _________________________________________

Print: _________________________________________

 

TENANT (“TENANT”):

 

 

Sign: _________________________________________

Print: _________________________________________

 

TENANT (“TENANT”):

 

 

Sign: _________________________________________

Print: _________________________________________

 

TENANT (“TENANT”):

 

 

Sign: _________________________________________

Print: _________________________________________