Maryland Roommate Agreement
The Maryland rules that shape this document: no lodger law, a fair housing exemption narrower than federal law, and no statute apportioning a security deposit, though every named tenant is liable for the full rent by lease default, so the written agreement is what actually governs those gaps.
Find out where you stand in Maryland
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Introduction
A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In Maryland, a few things shape the document beyond the national template: Maryland has no lodger statute like California's, so a roommate whose name is on the lease can only be removed by the landlord through a formal Title 8 eviction, never by another roommate; adding or removing a tenant's name on the lease requires the landlord and every named tenant to agree, since Maryland has no statute like New York's Roommate Law giving an affirmative right to add an occupant; and Maryland's Fair Housing law exempts owner-occupied room rentals from liability for some protected classes, such as sex, sexual orientation, gender identity, marital status, and voucher-based source of income, but not others, such as race, color, religion, disability, familial status, and national origin, which makes it narrower than the federal Mrs. Murphy exemption. Maryland also has no statute apportioning a security deposit, and while no statute codifies joint-and-several rent liability either, every tenant named on the lease is responsible for the full rent for the entire lease term as a matter of ordinary lease contract law, so the written agreement is what actually governs how roommates share that risk and split the deposit between themselves.
Key Things to Know
- 1
Maryland has no lodger law like California's. A roommate whose name is on the lease is a tenant under Title 8 of the Real Property Article, and only the landlord, never another roommate, may remove that tenant, and only through a formal eviction action.
- 2
Maryland has no statute like New York's Roommate Law giving a tenant a right to add a roommate over the landlord's objection. All parties named on the lease, meaning the landlord and every tenant, must agree before a name is added to or removed from the lease.
- 3
A roommate who was never added to the lease is an occupant, not a tenant, under Maryland law. That person can be removed through the general wrongful detainer action (Md. Code, Real Prop. Section 14-132), a residual remedy for non-tenants; it is not available against a roommate whose name is on the lease.
- 4
Maryland's Fair Housing law exempts owner-occupied room rentals, in a home or a building of five units or fewer, from liability for discrimination based on sex, sexual orientation, gender identity, marital status, or voucher-based source of income (State Gov't Section 20-704(a)(2)(i)). It does not exempt race, color, religion, disability, familial status, or national origin, so selecting a roommate on those grounds remains unlawful even in an owner-occupied home.
- 5
No Maryland statute sets a default rule on joint-and-several rent liability, but under ordinary lease contract law every tenant named on the lease is responsible for the full rent for the entire lease term, so a roommate who stops paying does not reduce what the landlord can collect from the others. State each roommate's payment share explicitly in the agreement so liability among the roommates themselves, not just to the landlord, is clear.
- 6
Maryland's security deposit statute caps the deposit at the equivalent of two months' rent per dwelling unit regardless of the number of tenants, and directs its return to the tenancy as a whole (Real Prop. Section 8-203). It does not divide the deposit among roommates when one moves out.
- 7
This agreement is a contract between the roommates only. It does not bind the landlord, does not add anyone to the lease, and does not change any lease term; the landlord's consent and the lease itself control who may lawfully occupy the unit.
Key decisions before you file
Before you file a Roommate Agreement in Maryland, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Maryland Requirements for Roommate Agreement
Maryland No Lodger Statute; Formal Eviction Required
Maryland has no owner-occupier lodger statute like California's. A roommate whose name is on the lease is a tenant under Title 8 of the Real Property Article and can only be removed by the landlord through a formal eviction action, never by another roommate through self-help.
Maryland Lease Changes Require Landlord and Every Tenant
Maryland has no statute like New York's Roommate Law giving a tenant an affirmative right to add a roommate over the landlord's objection. All parties named on the lease, meaning the landlord and every tenant, must agree before a name is added to or removed from the lease.
Maryland Wrongful Detainer Applies Only to Non-Tenants
A roommate never added to the lease is an occupant, not a tenant, and may be removed through Maryland's general wrongful detainer action (Real Prop. Section 14-132). Make clear this residual remedy is not available against a roommate whose name is on the lease.
Maryland Rent Liability Is Joint and Several by Lease Default
No Maryland statute codifies it, but under ordinary lease contract law every tenant named on the lease is responsible for the full rent for the entire lease term. Draft the payment clause to state each roommate's share explicitly so liability among the roommates themselves, not just to the landlord, is clear.
Maryland Does Not Apportion the Security Deposit
Md. Code, Real Prop. Section 8-203 caps the deposit per dwelling unit and directs its return to the tenancy as a whole, with no statutory division among roommates. Include a clause setting each roommate's contribution and the move-out division.
Maryland Fair Housing Exemption Is Narrower Than Federal Law
Md. Code, State Gov't Section 20-704(a)(2)(i) exempts owner-occupied room rentals from liability only for sex, sexual orientation, gender identity, marital status, and voucher-based source of income. It does not cover race, color, religion, disability, familial status, or national origin, so selection on those grounds remains unlawful.