GRADUATE STUDENT LEGAL AID OFFICE 

FAQS:  MARYLAND LANDLORD-TENANT LAW - INFORMATION FOR STUDENT RENTERS

 1.  WHAT IS A LEASE?  A lease is a legally binding contract.  A lease cannot be unilaterally changed or terminated by either the landlord or tenant. While leases are generally considered private agreements, state and local laws control some important aspects of the landlord-tenant relationship.  

 2.  ARE VERBAL LEASES BINDING? Verbal leases of a year or less are legally binding in some but not all circumstances.  Please click on the Landlord-Tenant Manual for more information.

3. WHAT CAN I DO IF THE LANDLORD WILL NOT MAKE NECESSARY REPAIRS? Landlords must provide minimally safe housing and essential services such as heat and running water. Specific housing code standards are set forth in the county codes. Suspected violations can be reported to local housing inspection offices, which may issue citations to the landlord to repair. You may also be eligible to bring a rent escrow action in court.  I

4.  WHAT IS RENT ESCROW?  In a rent escrow action, rent is deposited with the court until repairs are made or other actions ordered by the court are taken. Rent escrow is only available where the conditions present a serious threat to health or safety.  Rent escrow actions can be initiated by the tenant or can be raised as a defense for non-payment of rent.  In either case, we recommend that you seek legal advice first.

5.  IS MY LANDLORD RESPONSIBLE FOR PREVENTING CRIME AT MY COMPLEX?  CAN I TERMINATE MY LEASE IF I HAVE BEEN THE VICTIM OF A CRIME OR IF THERE IS TOO MUCH CRIME AT MY RENTAL COMPLEX?  There is no simple answer to this question, which depends on a number of factors.  These include whether the landlord violated minimal housing code standards (e.g. regarding locks), failed to take reasonable safety precautions under the circumstances, or promised but did not deliver certain safety measures.  

6.  HOW DO I GET MY SECURITY DEPOSIT BACK WHEN I MOVE?  Maryland has a security deposit law governing return of security deposits.  In general, a landlord may keep a security deposit or a portion of it to cover unpaid rent or damages “beyond wear and tear” caused by the tenant.  Landlords may not charge more than twice the monthly rental for a security deposit.  Landlords who do not follow the security deposit law may lose the right to keep the deposit, even if the tenant owes rent or caused damages These rules include but may not be limited to allowing the tenant to be present at a “move-out” inspection, providing a written list of alleged damages within 45 days, and returning the deposit or portion owed, with interest required by law, within the 45 day period.  Most apartment complexes and larger landlords must include information about security deposit rights in the lease.

Tenants may sue a landlord who keeps all or part of a deposit without following the rules set out by law. Tenants can also sue where they dispute having caused the claimed damages, dispute the reasonableness of the charges, or deny owing rent or bills. If you read the security deposit law, you will notice that tenants are allowed to sue for up to three times the amount of the wrongfully withheld portion of the security deposit. Be aware, however, that judges do not usually grant such “punitive damages.”  As a practical matter, many disputed security deposit cases can be resolved without having to go to court. 

IMPORTANT:  The above rules only apply where tenants have properly moved out at the end of their lease term. Tenants who break a lease or abandon the premises have more limited rights and must take special, affirmative steps to protect their right to return of their security deposit.  For more information, please see Legal Aid or another legal service provider of your choice BEFORE you break your lease or move out.

 7.  CAN MY LANDLORD CHARGE A LATE FEE IF I DO NOT PAY MY RENT ON TIME?  Under Maryland law, landlords can include a “late fee” clause in the lease. Generally, a landlord cannot charge a late fee if the lease does not provide for it. Under state and county law, there are specified “caps” on the maximum amount that can be charged. These laws also prohibit a landlord from imposing a late charge as long as the rent is not more than 5 days overdue. The Prince George’s County Code, stipulates that, “The landlord shall be entitled to charge a late fee of not more than one percent (1%) of the total monthly rental payment per day for each day the tenant is late, commencing with the sixth (6th) day of the period for which rent is due and being paid, not to exceed a total of five percent (5%) of the total monthly rental payment. “ (The Prince George’s county late fee law can be found in the County Code, Section 13-158) 

8.  CAN MY LANDLORD SUE ME FOR UNPAID RENT WITHOUT GIVING ME PRIOR NOTICE?  Yes. There is no legal requirement that a landlord notify a tenant before bringing suit for unpaid rent. It is very common for landlords to sue as soon as the rent is more than five days late. These suits usually ask for the unpaid rent, late fees, and attorney’s fees associated with the lawsuit. Remember:  It is always preferable to pay your rent on time to avoid disputes with the landlord and other problems, including potential poor credit ratings. 

 9.  DO I HAVE TO PAY MY LANDLORD’S ATTORNEYS FEES IF I AM SUED FOR LATE RENT OR OTHER CLAIMS?  That depends on your lease.  The large management companies and many smaller landlords include an “attorney’s fees” clause in their leases. These clauses typically state that the tenant agrees to pay reasonable attorneys fees if the landlord must sue the tenant for unpaid rent or other breaches of the lease. In the absence of this express agreement, a tenant generally will not be responsible for the landlord’s attorney’s fees.  In addition, a tenant may have a defense to the landlord’s claim for attorney’s fees, even where the tenant agreed in the lease to pay such fees. You should seek legal advice for further information, especially if your landlord is threatening to sue you, has already sued you, or is otherwise holding you responsible for attorney’s fees.

 10.  DOES MY LANDLORD HAVE TO PAY MY ATTORNEYS FEES IF I HAVE TO SUE THE LANDLORD TO ENFORCE MY LEASE OR TO ENFORCE THE LEGAL RIGHTS GRANTED TO TENANTS UNDER MARYLAND LAW?  Check your lease.  If the lease provides that the landlord will pay attorney fees in this situation, the clause is enforceable.  Without the clause, the landlord is generally not obligated to pay your attorney fees.  There may be exceptions, however, so check with our office or another legal provider of your choice if you have specific questions.

11.  WHAT IF MY ROOMMATE DOES NOT PAY HIS OR HER SHARE OF THE RENT?  A landlord may require all tenants to sign a single lease, making the tenants “jointly and severally” liable to the landlord. For example, if one roommate leaves (or fails to come up with his/her share of the rent), the rest of the tenants are still responsible to the landlord for the full rent. The “joint and several” rule does not apply where a landlord allows tenants to sign separate leases for their individual portions of the rent.  You may have a claim against your roommate if you have paid his/her share of the rent.

12.  CAN I SUBLEASE MY APARTMENT, HOUSE, OR ROOM IF I WANT TO LEAVE BEFORE MY LEASE IS UP?  Under state and local law, landlords are generally prohibited from refusing a tenant’s reasonable request to sublease.  “Reasonableness” depends on the circumstances and is not defined by law. Tenants should not rely on verbal agreements regarding subleasing, since the law specifies that the tenant obtain the landlord’s written approval before subleasing. When a tenant subleases his/her rental unit, the tenant remains secondarily responsible. The laws regarding subleasing may differ depending on the type of rental (traditional apartment, single family home, group house). If your lease prohibits subleasing or if your landlord refuses to consider a sublease, you may want to seek legal advice.

12.  CAN STUDENTS BREAK THEIR LEASES EARLY WITHOUT BEING HELD RESPONSIBLE FOR CONTINUING RENT?  Generally, tenants who break a lease without legal cause are responsible for future rent due as it becomes due under the lease. Students do not have any special rights to end their leases early.  However, state law may provide some protection for the tenant.  For example, the landlord is legally required to make reasonable efforts to re-rent premises that are vacated early and cannot charge both the old and new tenant rent for the same period.  There are also exceptions for military personnel and, in some cases, for employment-related moves.  There are situations in which a tenant may be legally justified in terminating a lease early, but each case depends on the specific facts.  Students who are considering breaking their legal should seek legal advice first.

13.  MY ONE-YEAR LEASE STATES THAT I CAN TERMINATE MY TENANCY EARLY IF I PAY A “REDECORATION FEE” EQUAL TO TWO MONTHS RENT. IS THIS LEGAL?  “Redecoration” or “early termination” fees are commonly used by the large management companies and other landlords in Maryland. These fees are not expressly prohibited by law.   However, any number of factors may affect whether the landlord is legally entitled to the fee; students should seek legal advice for more information on this issue.  

 14. WHAT IS AN AUTOMATIC RENEWAL CLAUSE AND IS IT BINDING?

Q:  I SIGNED A ONE YEAR LEASE THAT ENDS THIS JULY. HOWEVER, PAGE 5 OF THE LEASE STATES THAT I MUST GIVE 30 DAYS NOTICE BEFORE THE END OF THE TERM OR THE LEASE WILL CONTINUE ON A MONTH-TO-MONTH BASIS. AREN’T THESE TWO CLAUSES INCONSISTENT?

A:  Automatic renewal clauses (like the one on page 5 of your lease) are very common. They are often overlooked by tenants who may sign a lease without reading it in its entirety, or who may understandably be confused by the apparent inconsistency.  Nevertheless, automatic renewal clauses are legal subject to the following rules:

• Automatic renewal clauses of a month or less are enforceable in Maryland. You must give the required notice and, until you do, the lease will remain in effect on a month-to-month basis.
• Automatic renewals of more than a month are also enforceable, as long as they are clearly set apart in the lease and have been initialed by the tenant.

 15. WHAT IS A MONTH TO MONTH TENANCY? 

• Month-to-month tenancies are rentals that technically last for only one month. However, the tenancy automatically renews each month unless “notice to quit” is given by either the landlord or tenant.
• The amount of advance notice required to terminate a month-to-month tenancy is often set forth in the lease. If it is not, the general rule in Maryland is that 30 days notice is required. 
• If the parties do not agree upon a specific amount of time that a lease or rental will last, the tenancy will be considered month-to-month. Month-to-month tenancies may be based on a written lease or on a verbal agreement to rent.
• Many of the large management companies in Prince George’s County use leases that have an initial one year term and that automatically convert to month-to-month tenancies once the year is up.

16. WHAT DO I NEED TO KNOW ABOUT TERMINATING A MONTH-TO-MONTH TENANCY?  In Prince George’s County month to month tenancies can generally be terminated upon thirty days written notice by either the landlord or tenant, unless the parties have agreed upon different terms. Generally, the amount of notice required to terminate the lease should be the same for both the landlord and the tenant. If it is not, you may want to seek legal advice to make sure the landlord is not violating state or local notice laws.

It is very important that the notice given by either the landlord or tenant correspond to the date on which rent is due. For example, assume a tenant’s rent is due on the 1^st of each month. The lease requires the tenant to give 30 days notice to quit. The tenant intends to move at the end of December. The tenant’s written notice should be given no later than the last day of November to avoid any dispute as to whether the “30 day” rule was met. These same rules apply when the landlord is giving notice to quit.  There may be some exceptions, but these must be evaluated on a case-by-case basis. 

                                                                                                            12/09