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.

• 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 owner’s 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."

• 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.