Maryland Residential Lease Agreement
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Maryland Residential Lease Agreement
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this ____________ day of ____________________________, 20____, by and between _____________________________________________________________________ (hereinafter referred to as "Landlord") and _____________________________________________________________________ (hereinafter referred to as "Tenant").
W I T N E S S E T H :
WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________ County, Maryland, such real property having a street address of ______________________________________________________________ (hereinafter referred to as the "Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
- TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either A or B]:
____ A. Lease for Term: This Agreement shall continue as a lease for term. The termination date shall be on (date) ___________________ at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; (ii) local rent control law mandates extension of the tenancy; or (iii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1B. Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.
____ B. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.
- RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Damage Deposit shall not be considered Rent. Tenant shall pay to Landlord _________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: ____ personal check, ____ money order, ____ cashier’s check, or ____ other ________________________________________. Payment shall be made to Landlord under the following name and address: ________________________________________________________________________________. If any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier’s check. Landlord shall provide Tenant with a written receipt for all cash or money order payments made by Tenant to Landlord for rent, security deposit, or for any other purpose under this Agreement.
- SECURITY DEPOSIT. In accordance with the Code of Maryland, Real Property, Section 8-203, Tenant has deposited with Landlord the sum of __________________________________________________________ DOLLARS ($__________), receipt of which is hereby acknowledged, which sum does not exceed two (2) months’ rent, which is to be held as collateral security and applied on any rent or unpaid utility bill that may remain due and owing at the expiration of this Lease, any extension thereof or holding over period, or applied to any damages to the premises in excess of ordinary wear and tear caused by the Tenant, the Tenant’s family, guests, agents, employees, trades people, or other damages and expenses suffered by Landlord as a result of a breach of any covenant or provision of this Lease. This Agreement serves as Tenant’s receipt for such security deposit. As this Agreement is Tenant’s receipt, Landlord shall retain a copy of this Agreement for a period of two years after termination of the tenancy, abandonment of the Premises, or eviction of the Tenant, as the case may be. Tenant may not utilize the security deposit as rent, and Tenant must not apply the same as the last month’s rent. The security deposit will be deposited and maintained in an escrow account in a federally insured financial institution which does business in the State of Maryland, devoted exclusively to security deposits, within thirty (30) days after it has been received. The security deposit may be held in insured certificates of deposit at branches of a federally insured financial institution within Maryland or in securities issued by the federal government or the State of Maryland.
Required Disclosures for Security Deposit Receipt. Per Section 8-203.1 of the Real Property Code of Maryland, Tenant is advised that it has the following rights with respect to the security deposit: (1) the right to have the dwelling unit inspected by Landlord in Tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the Tenant so requests by certified mail within 15 days of the Tenant’s occupancy; (2) the right to be present when Landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the Premises if Tenant notifies Landlord by certified mail at least 15 days prior to the date of Tenant’s intended move, of Tenant’s intention to move, the date of moving, and Tenant’s new address; (3) Landlord’s obligation to conduct the inspection within five days before or after Tenant’s stated date of intended moving; (4) Landlord’s obligation to notify Tenant in writing of the date of the inspection; (5) Tenant’s right to receive, by first-class mail, delivered to the last known address of Tenant, a written list of the charges against the security deposit claimed by Landlord and the actual costs, within 45 days after the termination of the tenancy; (6) the obligation of Landlord to return any unused portion of the security deposit, by first-class mail, addressed to the Tenant’s last known address within 45 days after the termination of the tenancy; and (7) failure of Landlord to comply with the security deposit law may result in Landlord being liable to Tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney’s fees.
Withholding From and Returning the Security Deposit; Interest Accumulation. Per Section 8-203(e) of the Real Property Code of Maryland, within 45 days after the termination of the tenancy, the Landlord must return the deposit to the Tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for one year, as of the first business day or each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld. Interest will accrue at monthly intervals from the date that Tenant deposits said collateral security with Landlord, provided the said security deposit is Fifty Dollars ($50.00) or more. No interest is due or payable: (1) unless the Landlord has held the security deposit for at least six months; or (2) for any period less than a full month. The foregoing provisions do not apply to any Tenant who has abandoned the premises or who has been evicted unless such Tenant makes a written demand for the return of the security deposit within 45 days of being evicted, ejected or abandoning the premises, and provides the Landlord with Tenant’s new address.
Itemization of Charges. If the Landlord or Tenant claims any charges for repair of damages to the Premises, the claiming party shall provide itemization for any such charges. Upon written request, the claiming party must substantiate the charges.
Repairs Not Completed within 45 Days. Tenant’s obligations under this Lease may not end when Tenant ceases to occupy the premises. Repairs required may be so substantial or of such a nature that work will not be completed within the 45 day period following the termination of the tenancy. In such event, Landlord reserves the right to pursue Tenant for reimbursement for costs incurred for damages. In the event of a sale of the property upon which the premises are situated or the transfer or assignment by the Landlord of this Lease, the Landlord has the obligation to transfer the security deposit to the transferee. After the transfer is made and after written notice of same is given to the Tenant with the name and address of the transferee, Landlord is released from all liability for the return of the security deposit and the Tenant must look solely to the new Landlord for the return of his security deposit. It is agreed that the foregoing will apply to every transfer or assignment made of the security deposit to a new Landlord. In the event of any rightful or permitted assignment of this Lease by the Tenant to any assignee or sub-lessee, the security deposit is deemed to be held by the Landlord as a deposit made by the assignee or sub-lessee and the Landlord will have no further liability with respect to return of such security deposit to the assignor.
- USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ___________________________________________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
- CONDITION OF PREMISES. Landlord shall deliver the Premises and all common areas in a clean, habitable, and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws. If the Premises is a condominium or cooperative housing structure, Landlord is required only to deliver only the dwelling unit in a clean, habitable, and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean, habitable, and sanitary condition. In the event that Tenant claims any pre-existing damage, Tenant hereby attaches a List of such pre-existing damages to this Agreement as Exhibit “A”.
[Initial:] Tenants: ______, ______, ______, ______ Landlord or Landlord’s Representative: ______, ______
- ASSIGNMENT AND SUBLEASING. Tenant shall not assign this Agreement, or sublease or grant any license to use the Premises or any part thereof without the Landlord’s prior written consent, which Landlord must not unreasonably withhold. A consent by Landlord to one such assignment, subleasing or license shall not be deemed to be a consent to any subsequent assignment, subleasing or license. An assignment, subleasing or license without the prior written consent of Landlord or an assignment or subleasing by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement. The assignee, subtenant, or licensee must satisfy standards required by Landlord for all prospective tenants including, but not limited to, a credit check, rental and employment references, and Tenant’s payment of a service charge in the amount of $__________________, which must be fair and reasonable, the purpose of which is to offset Landlord’s expenses incidental to processing the application for assignment or sub-tenancy. The rights granted to Tenant under this paragraph shall not apply to: (1) a rental dwelling unit in a common ownership community if a valid legal restriction prohibits subleasing, (2) an accessory apartment, (3) a mobile home as defined under applicable local law, or (4) an individual living unit.
- ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.
- NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.
- HAZARDOUS MATERIALS; LEAD-BASED PAINT DISCLOSURE. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. If the Premises were constructed prior to 1978, Landlord is required to disclose lead-based paint hazards, and Tenant hereby acknowledges receipt of the pamphlet (“Lead Poisoning Prevention: Notice of Tenant’s Rights” and “Protect Your Family From Lead in Your Home”) on this subject.
[Initial:] Tenants: ______, ______, ______, ______ Landlord or Landlord’s Representative: ______, ______
- UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.
- MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
(i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.
- INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
- DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
- RIGHT OF ENTRY TO PREMISES. Provided that Landlord has given due notice (24 hours) to Tenant, and Tenant has not reasonably objected, Landlord and its agents shall have the right at all reasonable times during the term of this Agreement and any renewal to enter the Premises to: (1) make necessary repairs, decorations, alterations or improvements; (2) supply services only by mutual agreement during normal business hours, except in an emergency; or (3) exhibit the dwelling unit to prospective buyers, mortgagees, or tenants only during normal business hours, including weekends, except as Landlord and Tenant otherwise agree. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time within sixty (60) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. In addition, Landlord may enter the Premises in an emergency or, after due notice (24 hours), when Landlord is required to allow county, state, or federal officials access for an inspection authorized under law, or when Landlord has good cause to believe Tenant may have damaged the Premises or may be in violation of law.
- SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
- SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
- ANIMALS. Tenant shall be entitled to keep no more than __________ (____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ______________________________________________________________ DOLLARS ($_________), ______________________________________________________________ DOLLARS ($_________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.
- QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
- INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature.
- DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.
- LATE CHARGE. In Maryland, the number of days that must elapse before a landlord may assess a “late fee” and the amount of such fee vary depending on the county in which the premises are located. If Tenant fails to make any required payment hereunder within three (3) days of when due, or ten (10) days only if the Premises are located in Montgomery County, Tenant shall pay to Landlord, a late fee of ______________________________________________________________ DOLLARS ($_________) in addition to such payment or other charges due hereunder. If the Premises are located within Montgomery County, the late fee shall not exceed five (5) percent of the amount of Rent due for the rental period for which payment is delinquent.
- ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
- ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant shall pay actual court costs, legal costs and attorney fees awarded by the court. If the court awards attorneys’ fees to Landlord in a nonpayment of rent action, the attorneys’ fees are not part of the Rent, and Tenant is not required to pay such attorneys’ fees before redeeming the Premises. If Tenant is the prevailing party, or if the court awards costs and attorneys’ fees to Tenant, Landlord shall pay those fees.
- RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.
- GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Maryland.
- SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
- BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
- DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
- CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
- NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder.
- MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.
- NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:
If to Landlord to:
______________________________________________ [Landlord's Name]
______________________________________________
______________________________________________ [Landlord's Address]
If to Tenant to:
______________________________________________ [Tenant's Name]
______________________________________________
______________________________________________ [Tenant's Address]
A courtesy copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. In the event of a change in any of the names and addresses above, Landlord shall advise each Tenant of the change within thirty (30) days after the change either in writing or by posting a notice of the change in a conspicuous place. The “Landlord” designated above is either the owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice and is the person authorized to manage the premises.
- SPECIAL PROVISIONS APPLICABLE ONLY TO MONTGOMERY COUNTY:
(a) Two-Year Lease Offer. Montgomery County law requires each landlord to offer each prospective tenant a lease for an initial term of 2 years unless the landlord has reasonable cause to do otherwise. The tenant may accept or reject this offer. Before signing this lease, the tenant confirms that (initial and date one option):
______ ______ ______ ______ a. The landlord offered me a 2-year lease term and I accepted it. Date: _______________
______ ______ ______ ______ b. The landlord offered me a 2-year lease term but I rejected it. Date: _______________
______ ______ ______ ______ c. The landlord gave me a statement: (i) explaining why the landlord had reasonable cause not to offer me a 2-year lease term; and (ii) telling me that I can challenge the landlord's action by filing a complaint with the Montgomery County Department of Housing and Community Affairs. Date: _______________
(b) Acknowledgment of Landlord’s Responsibility for Maintenance. In accordance with Montgomery County Code Section 29-27(c), Landlord acknowledges its responsibility for maintenance of the Premises. As an express warranty of habitability and covenant to repair, the following provisions from the Montgomery County Code are incorporated by reference into this Agreement: Chapter 8, “Building;” Chapter 22, “Fire Prevention;” Chapter 26, “Housing and Building Standards,” and Chapter 59, “Zoning.”
(c) Notification of Location of Rental Housing License. The Premises is licensed as required under Montgomery County law. Tenant may inspect a copy of the rental housing license at the Montgomery County Department of Housing and Community Affairs, Office of Landlord-Tenant Affairs, or online at www.montgomerycountymd.gov/apps/DHCA/pdm_online/pdmfull.asp.
(d) Tenant’s Right to Terminate Lease. (i) Tenant may terminate this Lease by providing Landlord with thirty (30) days’ written notice of Tenant’s involuntary change of employment from the Washington metropolitan area, death of major wage earner, unemployment, or other reasonable cause beyond Tenant’s control. (ii) If Tenant claims an involuntary change in employment, Tenant must provide Landlord with written evidence of the employment change and demonstrate that the distance is greater than 25 miles beyond the perimeter of the Washington metropolitan area, which for purposes of this Agreement is defined as the area also known as the Washington–Arlington–Alexandria (DC–VA–MD–WV) metropolitan statistical area as classified by the U.S. Office of Management and Budget. (iii) If Tenant claims a death of major wage earner, unemployment, or other reasonable cause beyond Tenant’s control, Tenant must provide Landlord with written evidence in support of the claim. (iv) The written evidence owed to Landlord under this paragraph is due on the same date that Tenant provides Landlord with the thirty (30) day notice. (v) If Tenant’s claim is not appropriately substantiated and verifiable, or if the claim fails to meet the standard of reasonable cause, Landlord may reject Tenant’s claim. (vi) In the event of termination under this paragraph, Tenant is liable for a reasonable termination charge not to exceed the lower of one month’s Rent or actual damages sustained by Landlord. (vii) If it is determined by a court of proper jurisdiction that Tenant has materially misrepresented a claim under this paragraph and has acted in bad faith, Tenant agrees to pay Landlord as liquidated damages a penalty equivalent to twice the balance of Rent for the remaining full term under this Agreement.
(e) Evictions. Landlord hereby notifies Tenant that general information and assistance regarding evictions are available from the Montgomery County Department of Housing and Community Affairs.
- ADDITIONAL PROVISIONS; DISCLOSURES.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
[Landlord should note above any disclosures about the premises that may be required under Federal or Maryland law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.]
LANDLORD ("Landlord"):
Sign: ___________________________________ Print: _________________________________
TENANT ("Tenant"):
Sign: ___________________________________ Print: __________________________________
TENANT:
Sign: ___________________________________ Print: __________________________________
TENANT:
Sign: ___________________________________ Print: __________________________________
TENANT:
Sign: ___________________________________ Print: __________________________________
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