Sec. 13-163. Provisions prohibited in written lease agreement
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 13-163 (2026)
Sec. 13-163. Provisions prohibited in written lease agreementLinkCopy Citation
(a)
No written lease agreement shall contain:
(1)
Any provision containing a waiver of notice to quit.
(2)
Any provision containing a waiver of the landlord's liability for damages occasioned by the landlord's failure to repair or maintain the leased premises, as set forth in Section 13-153.
(3)
Any incorporation by reference of a collateral agreement or provision unless a copy thereof is affixed to all copies of the lease.
(4)
Any provision of authorization for confession of judgement for rent due.
(5)
Any provision containing a waiver of the protection afforded under this Division.
(6)
Any provision for penalty for the late payment of rent (late fee) in excess of five percent (5%) of the total monthly rental payment as provided in Section 13-158.
(7)
Any provision containing a waiver of notice to service of process as would otherwise be provided or allowed under State or County law.
(8)
A provision whereby the tenant agrees to waive or forego any right or remedy provided by applicable law.
(9)
A provision providing for penalty for the late payment of rent (late fee) in excess of five percent (5%) of the amount of rent due for the rental period for which the payment was delinquent or in the case of leases under which the rent is paid in weekly rental installments, a provision for a penalty for the late payment of rent in excess of Three Dollars ($3.00) per week or in the aggregate in excess of Twelve Dollars ($12.00) per month.
(10)
Any provision whereby the tenant waives his right to a jury trial.
(11)
Any provision whereby the tenant agrees to a period required for landlord's notice to quit less than that provided by applicable law; provided, however, that neither party is prohibited hereby from agreeing to a longer notice period than that required by applicable law.
(12)
Any provision authorizing the landlord to take possession of the leased dwelling unit, or the tenant's personal property therein, unless the lease has been terminated by action of the parties or by operation of law, and such personal property has been abandoned by the tenant without the benefit of formal legal process.
(b)
Any lease provision which is prohibited by terms of this section shall be unenforceable by the landlord.
(c)
If the landlord included in any lease a provision prohibited by this section or otherwise made unenforceable by State or County law, and tenders a lease containing such a provision, or attempts to enforce and/or make known to the tenant an intent to enforce any such provision, the tenant may recover any actual damages incurred as a result thereof, including reasonable attorney's fees.
(d)
If any lease shall contain a provision calling for an automatic renewal of a lease term unless prior notice is given by the party or parties seeking to terminate the lease, any such provision shall be distinctly set apart from any other provision of the lease and provide a space for the written acknowledgement of tenant's agreement to the automatic renewal provision, except leases containing an automatic renewal of one (1) month or less. Any such provision not specifically accompanied by either the tenant's initials, signature, or witnessed mark, shall be unenforceable by the landlord.