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Maryland law requires specific provisions in rental agreements that safeguards both property owner and renter. Security deposits are capped at 2 months rent and must be returned within 45 days. Maryland requires landlords to pay interest on security deposits. Maryland requires 9 specific disclosures in lease agreements.
Maryland Lease Requirements
Security Deposit Limit2 months rent
Deposit Return Deadline45 days
Deposit Interest Required Yes - Landlord must pay interest on security deposits held for more than 6 months. Interest accrues at 1.5% per annum (simple interest) from the date the deposit is received. Interest is paid to tenant when deposit is returned.
Late Fee Cap5% of the monthly rental amount
Grace PeriodNo statutory grace period
Landlord Notice (Month-to-Month)60 days written notice (landlord); local laws may vary (e.g., Montgomery County requires 60 days)
Tenant Notice (Month-to-Month)30 days written notice
Required Disclosures Lead-based paint disclosure (federal, pre-1978 housing); Lead paint inspection/certification: for pre-1978 rental housing, landlord must register property and provide EPA-approved lead paint pamphlet AND Maryland Department of the Environment certificate of compliance or certificate of limited lead-free status (Md. Code, Environment §§ 6-801 et seq.); Landlord name and address, or that of an authorized agent, must be disclosed in writing in the lease; Security deposit rights notice: landlord must provide tenant with a written statement of tenant's rights regarding the security deposit; Move-in inspection checklist: tenant has right to be present and must receive a written checklist; Tenant must acknowledge receipt of the 'Tenant's Rights and Responsibilities' document in some jurisdictions; Flood zone disclosure required if property is in a FEMA flood zone; Mold disclosure: landlord must disclose any known mold in the unit; Foreclosure disclosure: landlord must notify tenant within 10 days of receiving a foreclosure notice
What to Include in a Maryland Sublease Agreement
Every Sublease Agreement in Maryland should include the following important provisions: identification of the lessor and lessee, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (45 days in Maryland), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.
Maryland law requires landlords to disclose lead-based paint disclosure, lead paint inspection/certification: for pre-1978 rental housing, landlord must register property and provide epa-approved lead paint pamphlet and maryland department of the environment certificate of compliance or certificate of limited lead-free status, landlord name and address, or that of an authorized agent, must be disclosed in writing in the lease, security deposit rights notice: landlord must provide tenant with a written statement of tenant's rights regarding the security deposit, move-in inspection checklist: tenant has right to be present and must receive a written checklist. Lead paint certification is required for all pre-1978 rentals; landlord must register with Maryland MDE and provide tenant with certificate before occupancy.
How to Complete a Maryland Sublease Agreement
To complete a Sublease Agreement in Maryland, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount (limited to 2 months rent in Maryland). You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.
Our platform walks you through each section with a guided form that only shows fields required for Maryland. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Sublease Agreement as a PDF.
Frequently Asked Questions
What is the maximum security deposit in Maryland?
In Maryland, security deposits are capped at 2 months rent. Landlords must return the deposit within 45 days after move-out, minus lawful deductions for unpaid rent and damages beyond normal wear and tear. Maryland also requires landlords to pay interest on deposits.
Can a landlord charge a late fee in Maryland?
Yes. Maryland caps late fees at 5% of the monthly rental amount. Late fee terms must be clearly stated in the lease.
How much notice must a landlord give before entering a rental in Maryland?
Maryland requires landlords to give 24 hours advance notice required (except emergencies) before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under Maryland landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.
Do you need your landlord's permission to sublease in Maryland?
In most cases, yes. Most leases in Maryland require written landlord consent before subleasing. Subleasing without permission can be grounds for eviction. The original tenant (sublessor) remains liable to the landlord for rent and damages even after subleasing - the subtenant's obligations run to the sublessor, not directly to the landlord.
What is the difference between a sublease and an assignment in Maryland?
In a sublease, the original tenant retains some interest in the lease (e.g., they plan to return) and a new person moves in temporarily. In a lease assignment, the original tenant transfers all rights and obligations to a new tenant permanently. Both typically require landlord approval in Maryland. A sublease agreement protects the original tenant if the subtenant fails to pay rent or damages the property.
Is a written lease agreement required in Maryland?
Maryland does not require written leases for all tenancies, but oral agreements are harder to enforce and provide less protection. Written leases are required for tenancies exceeding one year under the Statute of Frauds. A written Sublease Agreement clearly documents rent, security deposit terms, house rules, and each party's obligations - reducing disputes significantly.
Does Maryland have local rent control laws landlords must follow?
Maryland does not have statewide rent control, but several jurisdictions have local ordinances. Montgomery County has a Rent Stabilization Law (enacted 2023) limiting increases to CPI or 3%, whichever is less. Takoma Park has long had strict rent control. Prince George's County and Baltimore City have their own tenant protections. Landlords must research applicable local laws for their specific property location.
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