Lease Terms That Do Not Count
Real Prop. § 8-208 — clauses a Maryland lease may not contain, and a late fee capped at 5%
A late fee of no more than 5%. A Maryland lease may not set a penalty for late rent above 5% of the unpaid rent due for that rental period. Where rent is paid weekly, the late penalty may not be more than $3 a week or a total of $12 a month.
A landlord may not use a lease, or a form of lease, with a provision that does any of the following.
- Has the tenant authorize anyone to confess judgment on a claim arising out of the lease.
- Has the tenant waive or give up any right or remedy the law provides.
- Has the tenant waive the right to a jury trial.
- Shortens the landlord's notice to quit below what the law requires; a longer one may be agreed.
- Lets the landlord take the unit or the tenant's belongings without formal legal process, unless the lease has ended and the belongings were abandoned.
- Limits or penalizes a tenant for calling the police or emergency services.
- Requires more than the security deposit and the first month's rent to move in.
A prohibited provision is unenforceable. A landlord who offers one, or tries to enforce it, or tells the tenant it will be enforced, is liable for the tenant's actual damages, including reasonable attorney's fees.
A landlord who offers 5 or more units for rent in the State has to use a written lease. Without one, the tenancy is presumed to last 1 year from first occupancy, unless the tenant ends it sooner with 1 month's written notice. The lease has to state the condition the unit will be in, who is responsible for heat, gas, electricity, water and repairs, include the deposit receipt, and come with the current Maryland Tenants' Bill of Rights.
An automatic renewal clause, other than one renewing for a month or less, has to be set apart from the rest of the lease with a space for the tenant's acknowledgment. Without the tenant's initials, signature or witnessed mark beside it, the landlord cannot enforce it.
Sources for this section (1)
- Md. Code, Real Prop. § 8-208 — Leases: required terms and prohibited provisions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.