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Maryland Residential Lease Agreement

Maryland caps security deposits at 1 month's rent, returned in 45 days with interest. Free lease template with disclosures. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent, the tenancy length, the security deposit, each party's responsibilities, and how the lease ends. In Maryland, residential leases are governed primarily by the landlord-tenant subtitle of the Real Property Article, Md. Real Prop. Section 8-201 and following. For a lease signed on or after October 1, 2024, a landlord may not charge a security deposit over 1 month's rent per dwelling unit, unless the tenant qualifies for utility assistance and both parties agree in writing to up to 2 months' rent (Md. Real Prop. Section 8-203). The landlord must return the deposit within 45 days after the tenancy ends, with simple interest, held in a separate, federally insured account. Every written lease must include the Maryland Tenants' Bill of Rights, a deposit receipt, and a habitability statement covering utility and repair obligations (Md. Real Prop. Section 8-208). A landlord must give at least 24 hours advance written notice before entering, limited to 7 a.m. to 7 p.m. Monday through Saturday except in an emergency (Md. Real Prop. Section 8-221). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is the written contract that spells out the rent, the term, the security deposit, and each side's duties, and how the tenancy can end. This page is Maryland's version of that contract.

  2. 2

    The security deposit is capped at 1 month's rent for leases signed on or after October 1, 2024 (up to 2 months if the tenant qualifies for utility assistance and both parties agree in writing). The landlord must return it within 45 days after the tenancy ends, with simple interest, held in a separate federally insured account (Md. Real Prop. Section 8-203).

  3. 3

    Every written lease must include a copy of the Maryland Tenants' Bill of Rights, a security deposit receipt, and a statement of habitability and utility/repair obligations, plus the federal lead-based paint disclosure for pre-1978 housing and Maryland's own lead Notice of Tenant's Rights for affected properties (Md. Real Prop. Section 8-208; Md. Env't Section 6-820; 42 U.S.C. 4852d).

  4. 4

    A landlord must give at least 24 hours advance written notice before entering the home, and may only enter between 7 a.m. and 7 p.m. Monday through Saturday (or another time the tenant agrees to in writing), except in an emergency threatening safety or the property (Md. Real Prop. Section 8-221, effective October 1, 2025).

  5. 5

    A late fee cannot exceed 5% of the rent due for the delinquent rental period on a monthly lease (weekly leases are capped at $3 per week or $12 per month). The statute does not set a statutory grace period before a late fee can apply (Md. Real Prop. Section 8-208).

  6. 6

    To end a month-to-month tenancy, either side must give at least 60 days notice before the end of a rental period. A rent increase requires 90 days advance notice for tenancies longer than a month, 60 days for tenancies between one week and one month, and 7 or 21 days for week-to-week tenancies (Md. Real Prop. Sections 8-402 and 8-209).

  7. 7

    Maryland has no statewide rent control or just-cause eviction law; the Real Property Article does not limit how much or how often rent can rise beyond the advance-notice rule above. Some local governments, such as Montgomery County and Takoma Park, have their own rent-stabilization ordinances, so check the specific county or city.

Key decisions before you file

Before you file a Residential Lease Agreement in Maryland, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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MARYLAND RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (the lessor, or landlord) and [TENANT NAME] (the lessee, or tenant), for the residential property at [FULL RENTAL ADDRESS], Maryland.

  2. TERM The lease is [a fixed term from [START DATE] to [END DATE] / a month-to-month tenancy beginning [START DATE]]. On the end date of a fixed term, the tenancy continues month-to-month unless either party gives proper notice under Section 8 below.

  3. RENT Tenant shall pay $[AMOUNT] rent on the [DAY] of each month. A late fee may not exceed 5% of the rent due for the delinquent rental period on a monthly lease, or $3 per week ($12 per month cap) on a weekly lease; the statute sets no separate grace period (Md. Real Prop. Section 8-208).

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], not to exceed 1 month's rent (or 2 months' rent if the tenant qualifies for utility assistance and both parties sign a written agreement). Landlord shall hold the deposit in a separate, federally insured account and return it, with simple interest, within 45 days after the tenancy ends, with an itemized list of damages if any amount is withheld (Md. Real Prop. Section 8-203).

  5. REQUIRED DISCLOSURES Landlord provides with this lease: (a) the federal lead-based paint disclosure if the property was built before 1978 (42 U.S.C. 4852d); (b) Maryland's lead Notice of Tenant's Rights for an affected property under the Reduction of Lead Risk in Housing law (Md. Env't Section 6-820); (c) a copy of the current Maryland Tenants' Bill of Rights; (d) a receipt for the security deposit; and (e) a statement of habitability and each party's utility and repair obligations (Md. Real Prop. Section 8-208).

  6. LANDLORD ENTRY Landlord shall give tenant at least 24 hours advance written notice before entering, and may enter only between 7:00 a.m. and 7:00 p.m. Monday through Saturday, or another time agreed to in writing, except in a genuine emergency threatening the property or occupant safety (Md. Real Prop. Section 8-221).

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and undamaged and promptly report needed repairs. Landlord shall keep the premises in a condition permitting habitation with reasonable safety, consistent with the habitability statement above.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 60 days written notice before the end of a rental period. Landlord may not raise the rent without at least 90 days advance notice for a tenancy longer than 1 month, or 60 days for a tenancy longer than 1 week but not longer than 1 month (Md. Real Prop. Sections 8-402, 8-209). This lease may not include a confessed-judgment clause, a waiver of the landlord's habitability duties, a jury-trial waiver, or a right to seize tenant property for unpaid rent; such provisions are unenforceable (Md. Real Prop. Section 8-208).

Signatures

[LANDLORD NAME], Landlord Date: [DATE]

[TENANT NAME], Tenant Date: [DATE]

Note: Maryland has no statewide rent-control or just-cause statute; only a few counties add local rent-stabilization rules, so confirm any local requirements for the property's county or municipality. This is a Maryland skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

Maryland Requirements for Residential Lease Agreement

Security Deposit Cap, Interest, and 45-Day Return

For leases signed on or after October 1, 2024, a Maryland landlord may not charge more than 1 month's rent as a security deposit, or up to 2 months' rent if the tenant qualifies for utility assistance and both parties agree in writing. The deposit must be held in a separate, federally insured account and returned within 45 days after the tenancy ends, together with simple interest and an itemized list of any damages withheld (Md. Real Prop. Section 8-203).

Required Lead Paint Disclosures

Housing built before 1978 requires the federal lead-based paint disclosure and pamphlet (42 U.S.C. 4852d). An affected property under Maryland's Reduction of Lead Risk in Housing law also requires the state Notice of Tenant's Rights, given at the start of the tenancy and at least every 2 years (Md. Env't Section 6-820).

Maryland Tenants' Bill of Rights and Deposit Receipt

Every written lease must include a copy of the most current Maryland Tenants' Bill of Rights published by the Office of Tenant and Landlord Affairs, and a receipt for the security deposit if one is collected (Md. Real Prop. Section 8-208(d)(5)-(6)).

Habitability and Utility Obligations Statement

The lease must state that the premises will be available in a condition permitting habitation with reasonable safety, and must spell out the landlord's and tenant's specific obligations for heat, gas, electricity, water, and repairs (Md. Real Prop. Section 8-208(d)).

24-Hour Entry Notice

A landlord must give at least 24 hours advance written notice before entering the leased premises, and may enter only between 7:00 a.m. and 7:00 p.m. Monday through Saturday, or another time agreed to in writing, except in an emergency threatening the property or occupant safety (Md. Real Prop. Section 8-221, effective October 1, 2025).

Late Fee Cap of 5%

A late fee on a monthly lease cannot exceed 5% of the rent due for the delinquent rental period; a weekly lease is capped at $3 per week or $12 per month. The statute sets no separate statutory grace period before this fee applies (Md. Real Prop. Section 8-208).

Termination and Rent-Increase Notice

Ending a month-to-month tenancy requires at least 60 days written notice before the end of a rental period (7 or 21 days for a week-to-week tenancy). Raising the rent requires at least 90 days advance notice for a tenancy longer than 1 month, or 60 days for a tenancy longer than 1 week but not longer than 1 month (Md. Real Prop. Sections 8-402, 8-209).

No Statewide Rent Control; Prohibited Lease Provisions

Maryland has no statewide rent control or just-cause eviction statute; only the advance rent-increase notice above applies statewide, though some counties and cities have their own rent-stabilization ordinances. A lease may not include a confessed-judgment clause, a waiver of the landlord's habitability duties, a waiver of the right to jury trial, or an authorization to seize tenant property for unpaid rent (Md. Real Prop. Section 8-208).

Frequently Asked Questions

A Maryland residential lease must state the rent, term, and each party's obligations, and it must include a copy of the Maryland Tenants' Bill of Rights, a security deposit receipt, a statement of habitability and utility/repair responsibilities, and the federal lead-based paint disclosure for pre-1978 housing (Md. Real Prop. Section 8-208). A lease may not contain a confessed-judgment clause, a waiver of the landlord's habitability duties, a jury-trial waiver, or a late fee over 5%.

For a lease signed on or after October 1, 2024, a Maryland landlord may charge no more than 1 month's rent as a security deposit, unless the tenant qualifies for utility assistance and both sides agree in writing to up to 2 months' rent (Md. Real Prop. Section 8-203). The deposit must be held in a separate, federally insured account and returned within 45 days after the tenancy ends, with simple interest.

Yes. You can generate a Maryland residential lease agreement template at no cost, filling in the rent, term, deposit, and disclosures described on this page. Attorney review is available afterward as an option if you want a licensed attorney to check the finished lease before you sign.

No. Maryland does not require a residential lease to be notarized or witnessed to be valid between landlord and tenant. What the law does require is the written disclosures above, including the Tenants' Bill of Rights, security deposit receipt, and habitability statement (Md. Real Prop. Section 8-208).

Generally no. A Maryland landlord must give at least 24 hours advance written notice and may only enter between 7 a.m. and 7 p.m. Monday through Saturday, or another time the tenant agrees to in writing. The only exception is a genuine emergency threatening the property or the safety of occupants or staff (Md. Real Prop. Section 8-221).

Maryland requires a copy of the Tenants' Bill of Rights, a security deposit receipt, and a habitability/utility-obligations statement in every written lease (Md. Real Prop. Section 8-208). Pre-1978 housing also needs the federal lead-based paint disclosure, and affected properties need Maryland's own lead Notice of Tenant's Rights at the start of the tenancy and at least every 2 years (Md. Env't Section 6-820).

Either the landlord or the tenant can end a Maryland month-to-month tenancy with at least 60 days written notice before the end of a rental period. A rent increase needs 90 days advance notice for tenancies over a month, or 60 days for tenancies of more than a week but no more than a month (Md. Real Prop. Sections 8-402 and 8-209). There is no statewide cap on how much rent can rise.

A Maryland landlord cannot charge a late fee of more than 5% of the rent due for the delinquent rental period on a monthly lease; weekly leases are capped at $3 per week or $12 per month (Md. Real Prop. Section 8-208). The statute does not set a mandatory grace period before that fee can apply, so check the lease for the exact due date.