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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.

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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. 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. 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. 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. 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. 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. 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. 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 Roommate Agreement (Compact State Terms)

This compact set states the Maryland-specific terms of a Roommate Agreement between co-tenants. Use it with the full national Roommate Agreement template, which covers parties, rent division, chores, guests, and shared expenses.

1. Governing Law; Does Not Bind the Landlord. This Agreement is governed by the laws of the State of Maryland. It is a contract between the undersigned Roommates only. It does not bind the landlord, does not modify the Lease, and does not obligate the landlord to recognize any Roommate as a tenant.

2. No Lodger Statute; Formal Eviction Required for a Named Tenant. Maryland has no statute like California's owner-occupier lodger rule. A Roommate on the Lease is a tenant under Title 8 of the Real Property Article, and only the landlord, not another Roommate, may remove that tenant, and only through a formal Title 8 eviction action. No Party shall change locks, remove another Party's belongings, or otherwise attempt self-help removal of a named tenant.

3. Adding or Removing a Name Requires the Landlord and Every Tenant. 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. This Agreement does not substitute for that consent.

4. A Roommate Never Added to the Lease Is Not a Tenant. Maryland treats such a person as an occupant, not a tenant, with no direct relationship to the landlord. A true non-tenant occupant who refuses to leave may be removed through the general wrongful detainer action (Md. Code, Real Prop. Section 14-132), a residual remedy that does not apply against a Roommate whose name is on the Lease.

5. Rent Liability Among Roommates. No Maryland statute sets a default rule on joint-and-several rent liability, but under ordinary lease contract law each Roommate named on the Lease is responsible for the full rent for the entire Lease term, so the landlord may collect the full amount from any remaining named tenant if another stops paying. Between themselves, the Parties agree each Roommate is responsible for the following share of total rent: [insert each Roommate's share].

6. Security Deposit Between Roommates. Maryland caps the deposit at two months' rent per dwelling unit, regardless of the number of tenants, and directs its return to the tenancy as a whole (Md. Code, Real Prop. Section 8-203), without dividing it among Roommates. The Parties agree the deposit shall be contributed and, on move-out, divided as follows: [insert split].

7. Selecting a Roommate. Maryland's Fair Housing law exempts room rentals in an owner-occupied dwelling of five units or fewer from liability for discrimination based on sex, sexual orientation, gender identity, marital status, or voucher-based source of income (Md. Code, State Gov't Section 20-704(a)(2)(i)). It does not exempt race, color, religion, disability, familial status, or national origin, and the Parties will not discriminate on those grounds when selecting or advertising for a Roommate. No Maryland city or county overlay ordinance changes these terms.

8. Execution. This Agreement is effective when signed by all Roommates. Maryland law does not require notarization or witnesses.

This compact Maryland set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

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.

Frequently Asked Questions

It is a contract between co-tenants who share a home in Maryland. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

Not if that roommate's name is on the lease. Maryland has no lodger law like California's, so a named co-tenant can only be removed by the landlord through a formal Title 8 eviction action. Roommates have no independent power to put a co-tenant out, and self-help removal is not lawful.

No. 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 the lease.

Maryland treats that person as an occupant, not a tenant, with no direct legal relationship to the landlord. If they refuse to leave, they may be removed through Maryland's general wrongful detainer action (Real Prop. Section 14-132), a residual remedy for non-tenants. This is different from removing a named tenant, which always requires a formal eviction.

Yes, by default, even though no Maryland statute states it directly. Under ordinary lease contract law, every tenant named on the lease is responsible for the full rent for the entire lease term, so if one roommate stops paying, the landlord can collect the rest from the others. State each roommate's payment share explicitly in the roommate agreement so the roommates, not just the landlord, know who owes what.

Maryland law does not say. Real Prop. Section 8-203 caps the deposit per dwelling unit and directs its return to the tenancy as a whole, with no mechanism for dividing it among roommates. Your roommate agreement is what actually governs how the deposit is split.

In an owner-occupied home of five units or fewer, Maryland's Fair Housing law exempts sex, sexual orientation, gender identity, marital status, and voucher-based source of income from liability (State Gov't Section 20-704(a)(2)(i)). It does not exempt race, color, religion, disability, familial status, or national origin, so those grounds remain off-limits.

No. Maryland law does not require notarization or witnesses for a roommate agreement to be enforceable between the parties. Signatures from all roommates are enough to make it a binding contract.