This information is provided as a courtesy only. Neither
RentAnnapolis.com nor any other party involved in the preparation,
publication or distribution of this information makes any representation
or warranty, express or implied, that this information contains
all provisions that may be appropriate or necessary to address the
specific interests of a landlord, tenant or others.
There have been a number of changes in
Federal and Maryland law in recent years including environmental
laws, laws of agency, fair housing statutes and the growth of homeowners
associations. Years of experience by property managers, agents,
landlords and tenants have led to new conclusions about the way
that a Lease is interpreted and used by Landlords, Tenants
and Realtors. These are a few of the
changes.
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Security Deposits: This section of the standard lease of the Association of realtors was changed so that it would be more clear to Landlords, Tenants
and Agents that there are very specific laws regarding security
deposits such as the need to provide notice within 45 days of the end of the tenancy of money
being withheld for damages, and
to then return all remaining funds.
-
Community Associations: With so many associations throughout
the area, it was just a matter of time until confusion and differences
developed between tenants and community associations. The new
lease now identifies the existence and the name of the Association
right on the front page, obligates the owner or owners
agent to provide whatever community rules the tenant will be
expected to live by and gives the enforcement of these rules
and covenants some teeth by clearly noting that "Failure
to comply with the provisions of the Association Documents or
Rules and Regulations shall constitute a breach of this Lease."
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Repairs and Tenant Maintenance of the Property: This
is probably the biggest area of confusion in a residential tenancy.
Residents are often unclear of what they are responsible for
taking care of in the property. As a result, the cost of repairs
are frequently thrown to the Landlord or just not reported at
all.
It clarified what the Landlord
is responsible for (structural and major repairs) and what the Tenants
are responsible for (ongoing maintenance and operation of the property).
Then there is the big gray area of what falls in between.
There are 16 points in Section 24 that
give specific guidance to Tenants and Landlords. These points can
really be used as a "checklist" of chores and responsibilities.
They are not all inclusive and do not address each and every situation,
but they do identify maintenance issues in a clear way for all concerned.
-
Move-Out: This is a basic list of things that a Tenant
must do prior to the move-out inspection, with the hope that once
again it is clear to Landlords and Tenants what is to
be done (items such as cleaning, exterminating, removal of personal
property from the premises, cutting grass, raking leaves, carpet
cleaning, and so on.
-
Pets: The starting point of the Lease is
"no pets allowed" unless permission is granted in
writing by the Landlord. Tenants are responsible for any damage
including odors, stains and other damage. Not all animals are
affected by the "no pets" clause. Federal and State
statutes regarding disabilities make it legal for a Tenant to
have bonafide assistance from an animal such as a seeing-eye
dog, a hearing dog and a dog which is able to assist its owner
in the event of a seizure. Consult your attorney for more information
on theses requirements.
Some other points to be aware of:
-
Lead Paint: There are two brief sections on
lead paint: on the new addendum page, there is a tenant acknowledgement
of the dangers of lead paint, and it is stated that if the tenant
breaks the lease in a property affected by the lead paint laws,
then the cost of re-testing the property for lead in order to
comply with the law may fall to the tenant breaking the lease.
Note that nothing in the lease is a substitute for completing
the proper Maryland and Federal forms and notices.
-
Changes In Addendum: There is a paragraph
on the addendum sheet for agents to disclose their ownership
of the property; there is a section on wells, septic tanks and
water conditioning systems. The pet addendum and civilian
and military transfer addendum were clarified.
-
Minimum Lease Terms In Annapolis: The addendum
page also includes a section on a somewhat obscure statute in
the City of Annapolis. Any lease
in Annapolis must be offered for a minimum term of one year
unless a written reasonable cause is provided by the Landlord
to the Tenant. This appears to have been enacted in order
to prevent a landlord from constantly raising rents on month-to-month
leases.
Some other things that were clarified
are how to calculate the amount of rent due for the full term when
there is a partial month to be pro-rated; the consequence of not
being truthful on the rental application; when receipts must be
provided for rents received; responsibility for smoke detectors
in properties of various sizes; the consequences of a tenant not
providing the liability insurance policy that they agreed to provide;
and what exactly "30 days notice" means when ending a
lease.
Finally, this lease categorizes a number
of items as "additional rent" so that failure to pay them
can be addressed in landlord-tenant complaints in District Court.
This applies to late fees, unpaid tenant repair deductibles, certain
unpaid utility bills and other items.
This information is provided as a courtesy only. Neither
RentAnnapolis.com nor any other party involved in the preparation,
publication or distribution of this information makes any representation
or warranty, express or implied, that this information contains
all provisions that may be appropriate or necessary to address the
specific interests of a landlord, tenant or others. |