A residential lease is a oral or written contract that creates a leasehold estate for a residential unit such as a house or apartment. Tenants receive the right to inhabit the unit amongst other rights in exchange for rent money. Landlords who do not use written leases are barred from recovering money through failure to pay rent actions, which is why it is imperative to have a written leases. The Pendergraft Firm LLC reviews and drafts residential leases on behalf of both landlords and tenants.
Commercial Landlords Must Use Written Leases
Landlords that own 5 or more rental units must use a written lease. Failure to do so results in the presumption of a one year tenancy that the tenant can terminate at any time with (30) days notice.
Maryland law requires leases to contain certain provisions and prohibits certain provisions. The Pendergraft Firm LLC reviews and drafts residential leases on behalf of landlords and tenants in accordance with Maryland law.
Required Lease Provisions According to Maryland Law
Under Maryland law leases must include a statement that the lease is in a habitable condition, and must specify the landlords and tenants obligations concerning utilities and repairs to property.
Prohibited Lease Provisions According to Maryland Law
There are a number of lease provisions that are prohibited under Maryland law. Including but not limited to charging more than 5% late fee, asking a tenant to waive rights provided by law, a provision that waives a tenant’s rights regarding security deposits or any provision that is against public policy. Landlords that try to use or enforce such leases are subject to monetary damages including reasonable attorney’s fees. Landlords should consult with an attorney to ensure their leases do not contain illegal provisions.
The Pendergraft Firm LLC Residential Lease Drafting and Review Practice
Brian Pendergraft is a Maryland landlord-tenant attorney that has successfully drafted and reviewed residential leases on behalf of landlords and tenants. Call us at (301) 205-9013 or E-mail [email protected] to schedule a free phone consultation!