RESIDENTIAL LEASE AGREEMENT

(State of Maryland)

[// GUIDANCE: This template is intended for use with residential real property located in Maryland. Replace ALL bracketed, ALL-CAPS placeholders before execution. Delete guidance comments prior to finalization.]

TABLE OF CONTENTS

I. Document Header .............................................................. 2
II. Definitions ................................................................... 3
III. Operative Provisions .......................................................... 5
IV. Representations & Warranties .................................................. 9
V. Covenants & Restrictions ..................................................... 10
VI. Default & Remedies ............................................................ 12
VII. Risk Allocation .............................................................. 14
VIII. Dispute Resolution .......................................................... 15
IX. General Provisions ............................................................ 16
X. Execution Block ............................................................... 18

I. DOCUMENT HEADER

1.1 Title and Effective Date

This Residential Lease Agreement (“Lease”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

1. [LANDLORD LEGAL NAME], a [FORM OF ENTITY OR “natural person”] (“Landlord”); and
2. [TENANT LEGAL NAME], a [FORM OF ENTITY OR “natural person”] (“Tenant”).

1.2 Premises and Consideration

Landlord leases to Tenant, and Tenant leases from Landlord, the residential dwelling located at [STREET ADDRESS, CITY, COUNTY, MARYLAND ZIP], together with the appurtenant rights described herein (collectively, the “Premises”), in consideration of the mutual covenants contained in this Lease and for the Rent and other sums to be paid by Tenant.

1.3 Governing Jurisdiction

This Lease is governed by the laws of the State of Maryland and the local jurisdiction in which the Premises is situated.

II. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. Defined terms used in the singular include the plural and vice-versa.

“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant under this Lease.

“Applicable Law” – All federal, state, county, and municipal statutes, codes, rules, regulations, ordinances, judicial decisions, and common-law duties that relate to the Premises or the parties’ rights or obligations, including without limitation Md. Code Ann., Real Prop. Title 8; the Maryland Lead Poisoning Prevention Program; and all building, housing, and health codes.

“Base Rent” – The monthly rental amount set forth in Section 3.4(a).

“Business Day” – Any day other than Saturday, Sunday, or a Maryland state or federal legal holiday.

“Commencement Date” – The date on which the Lease Term begins, as specified in Section 3.2.

“Event of Default” – Any of the events enumerated in Section 6.1.

“Habitability Standards” – The minimum standards imposed by Applicable Law for residential dwelling habitability, including the implied warranty of habitability recognized under Maryland law.

“Lease Term” – The entire period of Tenant’s right of possession under this Lease, as defined in Section 3.2.

“Permitted Use” – Residential occupancy of the Premises by not more than [MAX NUMBER] lawful occupants, together with customary incidental uses, and for no other purpose.

“Rent” – Collectively, Base Rent and Additional Rent.

“Security Deposit” – The sum described in Section 3.5, held pursuant to Md. Code Ann., Real Prop. § 8-203.

“State Housing Court” – The District Court of Maryland, sitting in landlord-tenant/housing session in the county where the Premises is located, or any successor forum with equivalent jurisdiction.

III. OPERATIVE PROVISIONS

3.1 Lease Grant

Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts the Premises from Landlord, subject to the terms, covenants, and conditions of this Lease.

3.2 Lease Term

a. Commencement Date: [COMMENCEMENT DATE]
b. Expiration Date: [EXPIRATION DATE]
c. Term: [NUMBER] months/years, unless sooner terminated pursuant to this Lease.

3.3 Possession and Delivery

Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in compliance with Habitability Standards. Acceptance of possession by Tenant, absent a signed written punch-list, constitutes prima facie evidence that the Premises was then in satisfactory condition.

3.4 Rent; Payment Terms

a. Base Rent: $[AMOUNT] per month, due on or before the first (1st) calendar day of each month.
b. Late Charge: If Base Rent is not received by the fifth (5th) calendar day of the month, Tenant shall pay a late fee equal to [PERCENTAGE OR DOLLAR AMOUNT], not to exceed 5% of the monthly amount, consistent with Md. Code Ann., Real Prop. § 8-208(d)(3).
c. Method of Payment: Payments shall be made in U.S. funds via [METHODS ACCEPTED] at [PAYMENT ADDRESS/PORTAL].
d. Returned Item Fee: $[AMOUNT] for each dishonored instrument, plus bank charges.
e. Additional Rent: All other sums due under this Lease constitute Additional Rent and are subject to the same remedies as Base Rent.

[// GUIDANCE: Maryland imposes maximum late fees and requires that any attorney-fee clause be reciprocal.]

3.5 Security Deposit (Md. Code Ann., Real Prop. § 8-203)

a. Amount: Tenant shall deposit $[AMOUNT] with Landlord upon execution hereof, which amount shall not exceed two (2) months’ Base Rent.
b. Escrow: Landlord shall place the Security Deposit in a federally insured financial institution within thirty (30) days, segregated from Landlord’s funds.
c. Interest: The Security Deposit shall accrue simple interest at the rate prescribed by Md. Code Ann., Real Prop. § 8-203(e)(1) (computed monthly), beginning on the date the deposit is paid.
d. Return: Within forty-five (45) days after the later of (i) termination of this Lease, or (ii) Tenant’s vacatur and surrender of keys, Landlord shall return the Security Deposit plus accrued interest, less any deductions itemized in a written statement delivered to Tenant.
e. Pre-Vacate Inspection: Tenant may request an inspection of the Premises not sooner than two (2) weeks and not later than five (5) days before vacating, pursuant to Md. Code Ann., Real Prop. § 8-203(f).
f. Prohibition: Landlord shall not apply the Security Deposit to cure Tenant’s default during the Lease Term without Tenant’s written consent.

3.6 Utilities and Services

Tenant shall timely pay for all utilities serving the Premises that are separately metered, including [LIST]. Landlord shall provide and pay for [LIST COMMON UTILITIES], if any. Interruption of utility service beyond Landlord’s reasonable control shall not constitute constructive eviction.

3.7 Use and Occupancy

Tenant shall use the Premises solely for the Permitted Use, comply with Applicable Law, and refrain from any activity that constitutes a nuisance, unlawful conduct, or materially increases insurance premiums.

3.8 Alterations

Tenant shall make no structural alterations without Landlord’s prior written consent, which consent may be conditioned upon restoration and bonding requirements.

3.9 Maintenance, Repairs, and Habitability

a. Landlord Duties: Landlord shall (i) maintain the Premises in a fit and habitable condition, (ii) comply with Habitability Standards, and (iii) complete non-emergency repairs within a reasonable time after written notice.
b. Tenant Duties: Tenant shall keep the Premises clean, sanitary, and safe; promptly notify Landlord of any condition requiring repair; and be responsible for damage beyond ordinary wear.

3.10 Insurance

Tenant shall maintain renter’s insurance with minimum liability limits of $[AMOUNT] per occurrence, naming Landlord as an additional insured and providing waiver of subrogation.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord

a. Landlord has good and marketable title to the Premises and authority to enter into this Lease.
b. As of the Commencement Date, the Premises will comply with all Habitability Standards.

4.2 Tenant

a. Tenant possesses full legal capacity and authority to enter into this Lease.
b. Tenant’s execution and performance will not violate any other agreement to which Tenant is bound.
c. Tenant has received and reviewed all disclosures required by Applicable Law, including any lead-based paint disclosure for housing built prior to 1978.

4.3 Survival

The representations and warranties set forth in this Article IV shall survive the expiration or earlier termination of this Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Affirmative Covenants

a. Pay Rent and other sums when due.
b. Maintain the Premises and all appliances supplied by Landlord in good order.
c. Permit Landlord reasonable access upon advance notice pursuant to Md. Code Ann., Real Prop. § 8-203.
d. Comply with all recorded covenants, HOA rules (if applicable), and Landlord’s Rules & Regulations attached as Schedule 1 (the “Rules”).

5.2 Tenant Negative Covenants

a. No assignment or sublease without Landlord’s prior written consent (not unreasonably withheld).
b. No pets except as set forth in Schedule 2.
c. No smoking within the Premises except in designated areas (if any).
d. No storage of hazardous materials other than ordinary household products.

5.3 Landlord Covenants

a. Perform all repairs that materially affect health or safety within a reasonable period.
b. Maintain and service building systems (plumbing, HVAC, electrical) and common areas.
c. Provide quiet enjoyment of the Premises, subject to Tenant’s compliance herewith.

VI. DEFAULT & REMEDIES

6.1 Events of Default

Any of the following constitutes an Event of Default:
1. Failure to pay Rent within ten (10) days after written notice.
2. Breach of any covenant not cured within thirty (30) days after written notice (or sooner if an emergency).
3. Abandonment of the Premises.
4. Material misrepresentation in Tenant’s application.
5. Insolvency or bankruptcy of Tenant.

6.2 Notice and Cure

Notices of default shall be in writing and delivered per Section 9.6. Cure periods run from receipt of notice.

6.3 Landlord Remedies

Subject to Applicable Law and any required court filing, Landlord may:
a. Accelerate Rent for the balance of the Lease Term;
b. File a failure-to-pay-rent or tenant-holding-over action under Md. Code Ann., Real Prop. § 8-401 et seq.;
c. Re-enter and repossess the Premises pursuant to a lawful warrant of restitution;
d. Recover actual damages, consequential damages, and reasonable attorneys’ fees (reciprocal under Section 6.4).

6.4 Attorney Fees

In any action arising from this Lease, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs, provided such recovery is not prohibited by Md. Code Ann., Real Prop. § 8-208(d)(2).

6.5 Mitigation

Landlord shall make commercially reasonable efforts to mitigate damages following Tenant’s surrender or eviction.

VII. RISK ALLOCATION

7.1 Tenant Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any loss, liability, claim, or expense (including attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, or (ii) any act or omission of Tenant or Tenant’s invitees. This indemnity survives expiration or termination.

7.2 Limitation of Liability

Except for (a) Landlord’s gross negligence or willful misconduct, or (b) personal injury or property damage caused by Landlord’s negligence, Landlord’s aggregate liability under this Lease shall not exceed the amount of the Security Deposit then held by Landlord. No provision of this Lease shall be interpreted to waive or exempt Landlord from liability for its own negligence to the extent such waiver is void under Md. Code Ann., Real Prop. § 8-208(a).

7.3 Insurance Requirements

Each party shall maintain insurance required by Section 3.10. Failure to carry required insurance constitutes a material default.

7.4 Force Majeure

Neither party shall be liable for failure to perform caused by events beyond its reasonable control (excluding financial inability), provided the affected party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law

This Lease and any dispute arising hereunder shall be governed by the laws of the State of Maryland without regard to its conflict-of-law rules.

8.2 Forum Selection

The parties consent to exclusive jurisdiction and venue in the State Housing Court for all actions relating to this Lease.

8.3 Arbitration Excluded

The parties expressly decline to submit disputes to arbitration.

8.4 Jury Trial

Each party reserves all constitutional rights to trial by jury; no jury-trial waiver is provided or implied.

8.5 Injunctive Relief

Nothing in this Lease shall impair Landlord’s statutory right to obtain injunctive relief (including but not limited to eviction or repossession) as a remedy for Tenant’s default.

IX. GENERAL PROVISIONS

9.1 Amendments and Waivers

No modification or waiver of this Lease is effective unless in writing and signed by both parties. A party’s failure to enforce any provision is not a waiver of future enforcement.

9.2 Assignment & Delegation

Subject to Section 5.2(a), neither party may assign rights or delegate duties without the other party’s prior written consent, except Landlord may freely assign in connection with a transfer of the Premises.

9.3 Successors and Assigns

This Lease binds and inures to the benefit of the parties and their respective heirs, successors, permitted assigns, and legal representatives.

9.4 Severability

If any provision is held unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to render it enforceable.

9.5 Entire Agreement

This Lease (including all schedules and addenda) constitutes the complete and exclusive agreement of the parties, superseding all prior or contemporaneous representations.

9.6 Notices

All notices must be in writing and delivered (i) in person, (ii) by certified U.S. mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses set forth below (or as later designated by written notice). Notice is deemed given on the earlier of actual receipt or the date delivery is refused.

Landlord Notice Address: [ADDRESS]
Tenant Notice Address: [PREMISES ADDRESS] (unless Tenant designates another in writing)

9.7 Counterparts; Electronic Signatures

This Lease may be executed in counterparts, each of which is an original, and all of which constitute one instrument. Signatures transmitted by electronic means are binding to the same extent as original signatures under Md. Code Ann., Com. Law § 21-113.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title (if applicable): __
Date: ____

TENANT:

[TENANT LEGAL NAME]
Signature: ___
Date: _______

[OPTIONAL NOTARY ACKNOWLEDGMENT – complete if required by local practice]

SCHEDULE 1 – RULES & REGULATIONS

[Attach or insert detailed rules.]

SCHEDULE 2 – PET ADDENDUM (if applicable)

[Insert terms or “N/A”.]

[// GUIDANCE: 1) Review county-specific addenda (e.g., Baltimore City notices). 2) Attach lead-based paint disclosure for dwellings built pre-1978. 3) Confirm late-fee percentage complies with current Maryland cap. 4) Delete any clause inconsistent with subsidized housing rules if the Premises is subject to such programs.]