Lease Agreement requirements in Maryland
- Must be in writing for leases longer than one year, though written agreements are recommended for all rentals.
- Must include the names of all tenants and the landlord, the property address, and the lease term.
- Must state the rent amount, due date, and any late fees, which are capped unless otherwise agreed in writing.
- Must disclose known lead paint hazards if the property was built before 1978, with a lead warning statement.
- Must be signed by both parties, and for Maryland, it's strongly recommended (not always required) to have signatures witnessed.
- Must comply with Maryland's security deposit rules—limit to two months' rent, and return within 45 days of lease end.
How to create a Lease Agreement in Maryland
- Gather all necessary details: property specifics, landlord and tenant information, rent, term, and any rules or policies.
- Use a Maryland-specific lease template that includes clauses for security deposits, late fees, and state-required disclosures.
- Draft the agreement clearly, covering maintenance responsibilities, entry notice (typically 24 hours), and subletting rules.
- Review the lease for any prohibited terms under Maryland law, such as waiving the tenant's right to a jury trial.
- Both parties sign, and consider notarizing or having witnesses—this can help in court but isn't always mandatory.
- Provide a copy to the tenant and keep the original for your records.
What a Lease Agreement typically costs
Lease templates for Maryland typically cost between $20 and $50 from legal websites. Hiring a real estate attorney to draft a custom lease may cost $200–$500. Filing fees are not applicable unless you register the lease with a county, which isn't standard.
Download a Maryland-specific lease agreement template today to ensure compliance with state laws.
Create your lease agreementMaryland Lease Agreement Checklist
Before drafting your Maryland lease agreement, gather essential information and understand state-specific requirements to avoid common pitfalls.
- Confirm your property is in compliance with Maryland's rental licensing and registration requirements where applicable.
- Have all parties' full legal names, contact information, and Social Security numbers (or EIN for entities) ready.
- Note the exact lease term (start/end date) and rental amount, and clarify whether it's a fixed-term or month-to-month lease.
- In Maryland, leases longer than one year must be in writing to be enforceable—ensure your document is on paper.
- Prepare a list of all tenants over 18 and include them as parties; under Maryland law, all adult tenants are jointly and severally liable.
- Review local ordinances in your county or city—some have rent control or additional disclosure requirements.
Frequently asked questions
Does a Maryland lease need to be notarized?
Notarization is not generally required for residential leases in Maryland unless the lease is to be recorded, which is rare. However, having signatures notarized can add authenticity and help if disputes arise.
What is the limit for a security deposit in Maryland?
In Maryland, a landlord cannot charge more than two months' rent as a security deposit. The deposit must be returned within 45 days after the lease ends, less any lawful deductions for damages.
Can a landlord increase rent on a month-to-month lease in Maryland?
Yes, but the landlord must provide written notice at least 30 days before the increase takes effect for month-to-month tenancies. For fixed-term leases, rent cannot be increased until the term ends unless the lease allows it.
Are there special rules for lead paint disclosures in Maryland?
Yes. For properties built before 1978, landlords must provide the tenant with a lead paint hazard information pamphlet and a lead warning statement. Failure to do so can result in penalties and liability.