If you enter into an oral contract, it's very important that you know your and your landlord's legal rights and responsibilities. You should also have a clear understanding with your landlord about all terms in the agreement.
However, it would be to your advantage to clarify things by having a written lease. Many landlords use a standard lease for all their tenants. However, you may want to negotiate your own terms with the landlord.
Additional terms can be written on the agreement, and terms that are unacceptable to you can be crossed out. Of course, the landlord has to agree to these terms as well. Be sure that all changes are dated and initialed by both you and the landlord. State law requires that a landlord who offers five or more dwelling units for rent in Maryland must include in each lease a statement that the premises will be available in a reasonably safe, habitable condition; or, if that is not the agreement, a statement concerning the condition of the premises.
The lease must also specify the landlord's and the tenant's obligations as to heat, gas, electricity, water, and repair of the premises. A lease may not contain any provision that denies rights granted to tenants under Maryland law. The lease may not:. Give the landlord the right to evict or take any of your personal possessions without a court judgment; or. Advance Copy of the Lease.
If you request it in writing, a landlord must give you a copy of a lease before you decide whether to rent. It must include all agreed upon terms, but it does not have to state your name and address, the date you are moving in, or identification and rental rate of your unit. It's a very good idea to get a copy of the lease to read in advance. Before you sign a lease, you should be aware of all the terms it includes, including when rent is due, late fees, procedures for giving notice at the end of the lease, automatic renewal provisions, and return of the security deposit.
You should also read and make sure you can live with the rules regarding pets, parking, storage areas, noise, carpeting requirements, trash, maximum number of occupants, and move-out procedures. Rent Receipts. A landlord is required to give a tenant a receipt for a rent payment upon request or one that is paid in cash.
In Anne Arundel County, a landlord is required to give a receipt unless the payment is made by check or unless the tenant rents the property for commercial or business purposes.
Security Deposits. A security deposit is any money a tenant pays to a landlord that protects the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of the lease. The security deposit may not be more than two months' rent. If you are overcharged, you have the right to recover up to three times the extra amount charged, plus reasonable attorney's fees.
The landlord must give you a receipt for the security deposit. The receipt can be included in the written lease. The receipt or lease should state your right to receive from the landlord a written list of all existing damages in the rental property, if you make a written request for it within 15 days of taking occupancy.
If a list of the existing damages is not provided, the landlord may be liable for three times the security deposit, less any damages or unpaid rent. The landlord must put the security deposit in an escrow account. For tenancies that began on or after January 1, , the interest rate is payable at 1.
Treasury yield curve rate for one year, as of the first business day of each year, whichever is greater. A landlord must pay 4 percent on deposits held before October 1, Return of the Security Deposit.
Daniel broke his lease when he bought a house. The landlord was able to rent to a new tenant three days after Daniel moved out. However, he said he was keeping Daniel's security deposit because he had broken the lease. Was the landlord entitled to keep the money? Not the entire amount. A landlord may only withhold from the security deposit an amount equal to actual damages suffered. The landlord didn't incur any expenses in re-renting, and there was no damage to the apartment, so his only loss was the three days of lost rent.
Tiffany lived in an apartment for five years. When she moved out, the landlord kept her security deposit to repaint the apartment and replace the living room carpet. Unless Tiffany damaged the carpet or the walls beyond ordinary wear, the landlord could not keep any money from the security deposit.
A landlord may not keep a tenant's security deposit to pay for touch-ups and replacements needed due to normal wear and tear. Security deposit disputes often involve misunderstandings about when the landlord is entitled to keep the security deposit, and disagreements about whether the tenant caused damage to the rental unit. The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends.
If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees. If the landlord withholds any part of your security deposit, they must send you a written list of damages, with a statement of what it cost to repair the damages, by first-class mail to your last known address within 45 days after you move out.
If the landlord fails to do this, they lose the right to withhold any part of the security deposit. You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail at least 15 days prior to moving of your intention to move, the date of moving, and your new address.
The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be within five days before or five days after your move-out date. The landlord must disclose these rights to you in writing when you pay the security deposit. If not, the landlord forfeits the right to withhold any part of the security deposit for damages. Your rights and duties are different if you have been evicted for breach of the lease, or have left the rented property before the lease expired.
Under these circumstances, you should send a written notice to the landlord by first-class mail within 45 days of being evicted or leaving the property. This notice must advise the landlord of your new address and request the return of your deposit. Once the landlord receives the written request, they must take certain steps.
The landlord must send a list of damages to the rental unit and costs incurred to repair them to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, they forfeit the right to withhold the security deposit.
The security deposit, plus interest, less any damages rightfully withheld, must be returned within 45 days of your notice. Is Richard still responsible for paying these damages even though he paid for a surety bond? When renting an apartment, a landlord may accept a surety bond as an alternative to the tenant providing a security deposit. While both protect the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of lease, there are underlying differences.
A surety bond is a bond that a tenant can purchase to protect a landlord from damages to the rental premises in excess of ordinary wear and tear, lost rent, or damages due to breach of lease.
Richard may choose to pay the landlord directly for the damage or have the damages paid from the surety bond. However, if the damages are paid from the surety bond, Richard will eventually be asked to reimburse the surety for the amount it paid the landlord.
You cannot be required to purchase a surety bond; instead, you can give your landlord a security deposit. The amount of the surety bond cannot, on its own or combined with any security deposit, exceed two months' rent. Tenants who purchase surety bonds have many of the same protections they have when they pay a security deposit. For example, tenants who purchase surety bonds have the right to:. Surety bonds do not relieve the tenant from having to pay for such damages at the end of the tenancy.
Unlike a security deposit, the premium paid for a surety bond is not refundable at the end of the tenancy and the amount the tenant paid for the surety bond premium is not credited toward the payment of any damages. This is often the point on which landlords and tenants disagree.
Unfortunately, there are no hard and fast rules that fit every situation. Common sense suggests that carpeting will need to be replaced periodically, and walls will need repainting, due to normal wear and tear. A landlord must expect to bear these costs as part of doing business.
If, however, a tenant scorched a large area of the carpeting or dragged an appliance over it and ripped it, that could reasonably be considered damage. Leaving small holes from picture hooks in the wall would be wear and tear, while knocking a hole in the wall that would require drywall or plaster repair could be considered damage. Jason was supposed to move into his new apartment on March 1st, but the previous tenant did not move out on time and the landlord said the apartment would not be ready until the 6th.
What could Jason do? A: Jason had the right to cancel his lease and get back any prepaid rent or security deposit he had paid to the landlord. If he chose to wait for the apartment, he could find temporary lodging, put his furniture into storage, and have the landlord pay for those expenses, as well as additional moving expenses. He would not owe rent for the days he was not able to occupy the apartment.
If a landlord fails to allow you to take possession of your rental unit at the beginning of your lease, you have the right to cancel the lease with written notice to the landlord. Also, the landlord is liable to you for any damages you suffer as a result of not being able to move in at the beginning of the lease, whether or not you decide to cancel the lease. Unfortunately, while the landlord may be legally responsible for your expenses in this situation, it may not be easy to obtain payment.
You may have to take the landlord to court and then undertake collection efforts. Lease Renewals. Allison knew she had to give her landlord 30 days' notice before moving out. Six weeks before the end of her lease, Allison told a rental office employee that she would move out at the end of the lease. Later, the rental office notified her that her lease had automatically renewed, because she hadn't given the notice in writing, as required by the lease.
Why should she have given written notice? A: To protect yourself, always give the landlord written notice of your intention to move out, and keep a copy for yourself. Note how many days in advance you will have to notify the landlord if you don't wish to renew the lease.
If you fail to give this notice in time, your lease could be automatically renewed. You should submit the notice in writing and be sure that the landlord receives it on time. Send the notice by certified mail if you want to have proof that it was received on time.
An automatic renewal provision in a lease must provide space for the tenant to give written acknowledgment agreeing to the provision. If the landlord can't show your signature, initials, or another mark acknowledging that provision, the landlord can't enforce an automatic renewal of the lease. Some leases don't have automatic renewal provisions, so you must sign a new lease if you wish to continue renting.
Rent Increases or Other Changes in Terms. If you wish to continue renting, be sure you know whether any of the terms of the lease will change. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew.
If your lease does not automatically renew, be sure to thoroughly read the new lease you will sign. It's a new contract between you and the landlord, and any of the terms may be different from the terms in your prior lease. Breaking A Lease. Candace notified her landlord that she had to break her lease, as she was getting married.
The landlord said Candace would be responsible for the rent for the remaining four months of the lease if a new tenant could not be found. Was the landlord correct? You are obligated to pay rent through the end of the lease. However, the landlord may only collect for the period during which the property remained vacant. If you break your lease, the landlord can hold you responsible for the rent due through the remainder of the lease. However, a landlord is required to make a reasonable effort to re-rent the apartment to limit losses.
If the landlord is able to re-rent the unit, you are only responsible for the rent until the date the new tenant moves in.
A landlord with multiple vacant units is not required to put a new tenant into the unit you have vacated. Also, a landlord can hold you responsible for costs of re-renting, such as advertising.
Some leases have a clause that allows the tenant to cancel the lease with a certain amount of notice, and perhaps offer you the option to leave early and not be responsible for the remainder of the lease in exchange for the payment of a fee.
Other leases may contain a clause that allows a tenant to cancel the lease if the tenant is transferred by an employer to a location a certain number of miles away.
Under Maryland law, military personnel who have received orders for a permanent change of station or temporary duty for more than three months may end a lease with proper notice. It's wise to think ahead before signing a long-term lease. If you anticipate buying a house, getting married, or having to move for some other reason in the near future, ask the landlord to give you a six-month lease or a month- to-month lease.
If you anticipate a job transfer, ask the landlord to add a job transfer clause to the contract that would allow you to end the lease early, with appropriate notice. During the winter months, there was very little heat in Lisa's apartment. After calling the landlord several times about the problem, she sent a written complaint that the landlord ignored. Lisa then reported this condition to the city housing inspector, who issued a notice of violation to the landlord.
Can Lisa stop paying rent until the landlord fixes the problem? If she stopped paying rent, the landlord could evict her. But Lisa does have the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the District Court instead of paying rent to her landlord. Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local District Court.
But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow.
The escrow account can only be set up by the Court. Lack of heat, light, electricity, or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill lack of air conditioning is not considered a serious or dangerous situation that would permit rent escrow ;. The existence of any structural defect that presents a serious threat to your physical safety; and. Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls, or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health, or safety, you must provide actual notice of the defects. You can notify the landlord by certified mail, or they may be notified of the violations from an appropriate government agency, such as the local housing department. The landlord then has a reasonable amount of time after receiving notice to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action.
Before an escrow account can be established, the Court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made.
Once the escrow account is established, you must continue to regularly pay rent into this account. Baltimore City has a rent escrow law that is very similar to state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where a rent escrow law has been adopted, you must follow procedures required under local law for setting up an escrow account. If you opt to withhold rent without establishing an escrow account, you still must notify the landlord by certified mail of the problems in the unit and of your refusal to pay the rent.
However, the landlord could take you to court and try to evict you. You may then defend yourself by telling the Court your reasons for withholding rent. If the Court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved.
Besides rent escrow, what else can a tenant do if a landlord does not make repairs? A tenant can report the landlord to local authorities. Under a law that the Maryland General Assembly passed in , every county must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaint and, if the landlord is cited for violations, repairs have to be made.
Landlord Retaliation Against Tenants. Maria and two other tenants in her apartment complex circulated a petition to form a tenants' group to deal with the landlord's failure to make repairs.
The landlord's nephew, who is also a tenant in the complex, reported this activity to the landlord. We suggest that landlords and tenants always keep a copy for reference. Simply click on the language of your choice to view the Landlord-Tenant Handbook. The information contained in this handbook does not constitute legal advice. It is intended to serve only as general information. Toggle Navigation. Click enter key to open sub-menu tier. I Want to The function is used to translate County web pages into different languages.
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