Maryland (MD) lease form

Maryland Residential Lease Agreement

Maryland's Real Property Article, Section 8-208 sets strict rules for what a residential lease must include, what it may not include, and what landlords must disclose before a tenant signs. Landlords offering five or more units must use a written lease and must furnish a complete draft copy to any prospective applicant on written request. Prohibited clauses are void and unenforceable, and a tenant who is handed a lease containing one may recover actual damages plus reasonable attorney fees.

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Required disclosures

Lead-Based Paint (Federal, Pre-1978 Units)

Landlords of housing built before 1978 must provide the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose any known lead-based paint or hazards, and attach the federally required Lead Warning Statement to the lease. Maryland's own Reduction of Lead Risk in Housing Act (Md. Code, Environment Art. §§ 6-801 et seq.) adds state-level registration and inspection requirements for pre-1978 rental units.

Landlord or Agent Identity and Address

The lease must include the name and address of the landlord or the person authorized to accept legal notices and service of process on the landlord's behalf; alternatively, this information may be posted in a conspicuous place on the property.

Habitation and Utility Responsibility

The lease must contain a statement that the unit will be delivered in a habitable condition, or, if it will not, a clear statement of the unit's condition and the specific obligations of each party with respect to heat, gas, electricity, water, and repairs.

Fee Disclosure (Effective Oct. 1, 2026 for 4+ Unit Landlords)

Landlords offering four or more units must disclose in writing all mandatory fees that will be imposed on the tenant; a landlord may not charge any mandatory fee that was not disclosed before the lease was signed or renewed.

Clauses your lease should include

Identify the parties, the specific rental unit, the lease term start and end dates, and the monthly rent amount -- Maryland statute requires the lease to be complete in every material detail before it is tendered to the applicant.
State each party's obligations regarding utilities and maintenance, including who is responsible for heat, gas, electricity, and water, to satisfy the habitation disclosure requirement under Md. Code, Real Property § 8-208.
Include a notice and entry clause that gives the tenant reasonable advance notice before the landlord enters for non-emergency inspections or repairs, consistent with the implied covenant of quiet enjoyment recognized in Maryland case law.
State whether a security deposit is being collected and, if so, confirm the statutory cap (the lesser of two months' rent) and the landlord's duty to hold it in a federally insured institution, consistent with Md. Code, Real Property § 8-203.
Specify how and where the tenant must deliver rent payments, and identify any grace period, to avoid disputes over late fees.
Include a tenant organization clause acknowledging that the tenant has the right to organize with other tenants and that the landlord may not retaliate or threaten eviction based on that activity.
Identify all permitted occupants or state the maximum occupancy, and specify whether subletting requires written landlord consent.

Clauses to avoid in Maryland

A clause authorizing the landlord to seize possession of the unit or the tenant's personal property without a court order is void under Md. Code, Real Property § 8-208, unless the lease has been terminated and the tenant has clearly abandoned the property.
An exculpatory clause that releases the landlord from liability for injury or property damage caused by the landlord's own negligence in any area not exclusively controlled by the tenant is unenforceable under § 8-105.
A clause that permits the landlord to commence eviction proceedings, impose penalties, or otherwise retaliate against a tenant solely for organizing with other tenants or joining a tenant association is prohibited under § 8-208.
A provision that waives or limits the tenant's right to summon law enforcement or emergency services to the rental unit is void; Maryland law prohibits any lease term that discourages tenants from calling 911 or other emergency responders.
A clause requiring a security deposit greater than the equivalent of two months' rent is unenforceable under § 8-203, regardless of the parties' agreement.
A provision that waives any right or remedy the tenant is granted by the Maryland Real Property Article is unenforceable, and tendering such a lease entitles the tenant to actual damages and attorney fees under § 8-208(d).

Drafting tips

Provide the prospective tenant with a complete draft lease before any deposit is collected so the tenant can review all terms, which also satisfies the statutory copy-on-request requirement under § 8-208.
Conduct a move-in inspection with the tenant present and attach a signed written checklist to the lease to establish a baseline condition record and limit future security-deposit disputes.
For any unit built before 1978, complete the Maryland MDE lead paint inspection and registration process before marketing the unit, since state requirements apply on top of the federal disclosure rule.
Keep a written record of all fee disclosures provided to the tenant, especially for four-or-more-unit properties, so you can demonstrate compliance with the mandatory fee disclosure rule taking effect October 1, 2026.

General information, not legal advice. Governing statute: Maryland Code, Real Property Article, Section 8-208. Confirm current requirements or consult an attorney before finalizing a lease.

Maryland lease FAQ

Common questions

What disclosures are required in a Maryland residential lease?

Maryland landlords must disclose the landlord's identity and address for service of process, each party's utility and repair obligations, and any known lead-based paint hazards in pre-1978 units. Starting October 1, 2026, landlords of four or more units must also disclose all mandatory fees in writing before the lease is signed.

What lease clauses are illegal in Maryland?

Maryland law voids clauses that let a landlord take possession without a court order, release the landlord from negligence liability, penalize tenants for joining tenant organizations, or waive the tenant's right to call emergency services. Any such clause is unenforceable under Md. Code, Real Property § 8-208, and the landlord may owe the tenant damages for including one.

Does Maryland require a written lease agreement?

Landlords who offer five or more dwelling units for rent must use a written lease and must provide a complete copy to any applicant who requests it in writing, before any signature or deposit is required.

What is the maximum security deposit allowed under a Maryland lease?

Maryland caps security deposits at the lesser of two months' rent; any lease provision requiring a larger deposit is unenforceable under Md. Code, Real Property § 8-203.

All state lease forms

Maryland Residential Lease Agreement