What to Do If Your Landlord Does Not Give You Your Lease to Sign in Maryland
The Maryland Landlord and Tenant Act allows landlords to enter into oral or written leases with their tenants. However, landlords may not enter into oral leases with their tenants for lease terms of one-year or more. Furthermore, the act prohibits landlords from entering into oral leases with their tenants if they own five or more rentals in Maryland. Maryland law requires landlords to provide their tenants with an advance copy of their leases to review before signing them in some circumstances.
Overview
The Maryland Landlord and Tenant Act requires landlords to use written leases if they rent for terms of one-year or more or rent five or more apartments or homes in Maryland. Maryland law requires landlords to provide their tenants with a written promise to deliver safe and habitable housing if they rent five or more units. Landlords who rent five or more units must also specifically state whether they are required to provide electricity, gas and water.
Maryland Lease Laws
Under Maryland law, tenants can request a copy of their leases to review them before they sign them. Their requests must be made in writing. If requested, landlords must provide advance copies of their leases containing the essential terms of their contracts, including which party will become responsible for providing heat, water, gas and electricity and late fees, if any. Landlords cannot charge their tenants more than 5 percent in late fees or more than $3 weekly if their tenants pay their rent weekly.
Limitations
A landlord's advance copy of his lease does not have to contain the property address, the prospective tenant's name, the exact rental rate or the date of occupancy. His lease must contain all of his rules, including whether a tenant has the right to terminate his lease with notice before the lease expires and the requirements for renewing his lease. A landlord must also disclose his security deposit fees.
Consequences
If a landlord fails to give his prospective tenants a copy of his lease, his tenants are not required to move in. Landlords cannot collect security deposits without complying with their duties to provide a copy of their leases upon written request. Furthermore, under Maryland law, landlords cannot collect security deposits without providing tenants with a written receipt, and if they collect them without written receipts and without providing an advance copy of their leases, they may be required to return their security deposits and pay an additional $25 fine.
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