Many landlords use a standard lease for all their tenants. However, it would be to your advantage to clarify things by having a written lease. You should also have a clear understanding with your landlord about all terms in the agreement. If you enter into an oral contract, it's very important that you know your and your landlord's legal rights and responsibilities. Otherwise, the landlord and tenant may orally agree on what the rent and other terms of the rental will be. However, a written lease is strongly recommended to help landlords and tenants avoid disputes.Ī landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the state. Oral leases are legal for lease terms of less than one year. Steve made an oral agreement with a landlord that he would rent an apartment on a month-to-month basis for $600 a month, that he would pay the utilities, and move in on the 15th of the following month. This could save you from having to fight to get the money refunded later. Ask the landlord to write that information on a receipt. Before you pay any money, you should confirm with the landlord whether it will be refunded if you decide not to rent or if the landlord decides not to rent to you. It's not wise to pay a security deposit until your application has been accepted and you are signing a lease. If, when filling out an application, a landlord asks for money to hold an apartment, it may not be clear that you are being asked for a security deposit. If you are not satisfied with the explanation, you may want to pursue the matter further. If the landlord withholds more than $25 of an application fee, you should ask the landlord to provide a written explanation of exactly what expenses were incurred, and what the cost of each item was. The excess amount must be returned to you within 15 days after you've moved in or after you or the landlord has given written notification that the rental won't take place. If the fee is more than $25, the landlord must refund any amount that was not used to process your application. A landlord is entitled to keep an application fee of $25 or less. Landlords use application fees to cover the costs of processing an application, such as running a credit check. You should never sign a lease until your application has been accepted. If a landlord rents five or more units at one location, the lease application must explain what your obligations and rights are if an application fee is collected.Īn application fee is any fee other than a security deposit paid to a landlord before a lease is signed. A landlord may keep an application fee of $25 or less. Did the landlord have the right to keep the fee?Ī: Yes. She asked the first landlord if he would refund her application fee, but he said the fee was nonrefundable. The next day, she found another apartment she liked better. Karen paid a $25 application fee to apply for an apartment. Rent Escrow: When the Landlord Fails to Make Repairs.Right to Take Possession at Beginning of Lease.Arrendadores y arrendatarios: Consejos para evitar conflictos Residential Eviction Prevention ResourcesĪ free, printed copy of this booklet may be ordered by calling the Consumer Protection Division at (410) 576-6500, En español 41.Different landlord/tenant laws may exist at the local level that may provide additional protections or require you to follow different procedures.
It covers a broad range of issues, such as applications, leases, security deposits, rent escrow, lead-based paint hazards, eviction, and where to seek help if problems arise.
The Office of the Attorney General's Consumer Protection Division has created this page to help renters and residential property owners understand their respective rights and obligations, as well as the remedies that are available under Maryland law.
Our goal is to foster positive communications and understanding between both parties that leads to a smooth rental experience. Landlords and Tenants: Tips on Avoiding Disputes Maryland Attorney General's Office, Consumer Protection Divisionĭisputes between residential landlords and tenants are one of our office's most high-volume subjects. Investment Advisers and Representatives.
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