# Real Property (GRP)

## Title 8. Landlord and Tenant

### Subtitle 1. General Rules

#### Section 8-101

A transferee of the reversion in leased property or of the rent has the same remedies by entry, action, or otherwise for nonperformance of any condition or agreement contained in the lease, as the original landlord would have had if the reversion or rent had remained in the original landlord. A transferee of the reversion in leased property is subject to the same remedies, by action or otherwise, for nonperformance of any agreement contained in the lease, as the original landlord. This section applies to any transferee of a reversion in leased property, by voluntary grant or operation of law.

#### Section 8-102

If the reversion of any leased premises merges in any other estate, the person entitled to the estate into which the reversion merges has the same remedy against the tenant for nonpayment of rent or other forfeiture, or for not performing conditions, covenants, or agreements, as the person entitled to the reversion would have had if the reversion had not merged.

#### Section 8-103

There is no merger by reason of any grant by way of mortgage or assignment of mortgage from the tenant of any property leased for a term of years, to the landlord of the property, whether by original or sublease, and the same rights and remedies exist as if the grantee in the grant had no other interest or estate in the property than the one granted.

#### Section 8-104

Any grant of a nonpossessory corporeal estate is valid and effective without the attornment of the tenant in possession. However, any payment of rent by the tenant to the grantor of the grant prior to actual notice of the grant is an effective discharge of liability for the rent.

#### Section 8-105

If the effect of any provision of a lease is to indemnify the landlord, hold the landlord harmless, or preclude or exonerate the landlord from any liability to the tenant, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the landlord on or about the leased premises or any elevators, stairways, hallways, or other appurtenances used in connection with them, and not within the exclusive control of the tenant, the provision is considered to be against public policy and void. An insurer may not claim a right of subrogation by reason of the invalidity of the provision.

#### Section 8-106

If a landlord, having only an estate for life, dies on or before the day on which the rent that has been earned is payable and the landlord's death terminates the leasehold estate, the landlord's personal representative may recover from the tenant the full amount of the rent if death occurs on the day the rent is payable or a proportionate share of the rent if death occurs before this day.

#### Section 8-107

If there is no demand or payment for more than 20 consecutive years of any specific rent reserved out of a particular property or any part of a particular property under any form of lease, the rent conclusively is presumed to be extinguished and the landlord may not set up any claim for the rent or to the reversion in the property out of which it issued. The landlord also may not institute any suit, action, or proceeding to recover the rent or the property. However, if the landlord is under any legal disability when the period of 20 years of nondemand or nonpayment expires, the landlord has two years after the removal of the disability within which to assert the landlord's rights.

#### Section 8-108

(a) A court may enter judgment for the renewal of a lease that contains a covenant for renewal, including a lease for 99 years, renewable forever.

(b) A judgment for renewal of a lease is binding on each person who becomes a party to the action or has been served with process in accordance with Maryland Rule 2-122 and renews the title of all persons interested under the lease for the additional term, under the rent, and upon the covenants, conditions, and stipulations provided in the lease.

(c) A judgment for the renewal of a lease shall be recorded among the land records of each county in which land that is subject to the lease is located.

#### Section 8-109

Uninterrupted possession for 12 months after the expiration of the lease containing a covenant for perpetual renewal of all or part of the leased premises by the tenant or any person claiming under the tenant operates as a renewal with respect to the entire premises. It conclusively is presumed in reference to the whole or any part of the leased premises, of which possession is retained, and in favor of the tenant or of the person claiming under the tenant, that a new lease of the whole of the leased premises was executed prior to the expiration of the lease by the landlord named in it, or by the person rightfully claiming under the landlord, to the tenant, or the person rightfully claiming under the tenant for the additional term under the rent and on the covenants, conditions, and stipulations as were provided in the lease.

#### Section 8-111

If a tenant named in a lease or an assignee of a lease applies to the tenant's landlord for a renewal under a covenant in the lease giving the tenant the right to renewal, and if the tenant cannot produce vouchers or satisfactory evidence showing payment of rent accrued for three years next preceding the tenant's demand and application, the landlord, before executing the renewal of the lease or causing it to be executed, is entitled to demand and recover not more than three years' back rent, in addition to any renewal fine that may be provided for in the lease. The tenant may plead this section in bar of the recovery of any larger amount of rent.

#### Section 8-112

If the improvements on property rented for a term of not more than seven years become untenantable by reason of fire or unavoidable accident, the tenancy terminates, and all liability for rent ceases on payment proportionately to the day of fire or unavoidable accident.

#### Section 8-113

A covenant or promise by the tenant to leave, restore, surrender, or yield the leased premises in good repair does not bind the tenant to erect any similar building or pay for any building destroyed by fire or otherwise without negligence or fault on the tenant's part.

#### Section 8-114

The right of a tenant to remove fixtures erected by the tenant is not lost or impaired by the tenant's acceptance of a subsequent lease of the same premises without any intermediate surrender of possession.

#### Section 8-115

(a) If a share of growing crops is reserved as rent, the rent reserved is a lien on the crops.

(b) In Calvert, Charles, Prince George's, St. Mary's, and Worcester counties, if a share of growing crops is reserved as rent, or advances by the landlord are made on the faith of the crops to be grown, the reserved rent and advances made are a lien on the crops. However, the contract making the advances shall be written and executed by the landlord and tenant.

(c) Any lien provided for by this section is not divested by sale by the tenant, the personal representative of a deceased tenant, by the assignment of the tenant in bankruptcy or insolvency, or by process of law.

#### Section 8-116

(a) If tobacco is grown on leased property and the tenant fails to make reasonable progress within six months from September 1 to strip and place the tobacco on the market, the landlord may strip, pack, ship, and sell at the tenant's expense any time after March 1, tobacco grown on the leased premises by the tenant in any previous year. All expenses paid by the landlord in the stripping, packing, shipment, or sale shall be a first and prior lien on the tobacco and the proceeds of the sale, notwithstanding any other agreement or obligation of the tenant or provision of law.

(b) A tenant or the tenant's agent, who interferes, directly or indirectly with the stripping, packing, shipment, or sale of tobacco by the landlord, is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $100 or by imprisonment for not less than 90 days nor more than six months, or both.

#### Section 8-117

(a) If a propane gas container with a total capacity of 25 gallons or more is placed on land, whether aboveground or underground, by a person other than the owner of the land under a lease or bailment between the landowner and the person placing the container on the land, the container is movable property during the term of the lease or bailment.

(b) During the term of the lease or bailment, the ownership of the container:

  (1) Is not affected by the public or private sale of the land on which it is placed; and

  (2) Is not subordinate to the rights of any purchaser of the land at the sale.

#### Section 8-118

(a) In an action under Sec. 8-401, Sec. 8-402, or Sec. 8-402.1 of this title in which a party demands a jury trial, the District Court immediately shall enter an order directing the tenant or anyone holding under the tenant to pay all rents as they come due during the pendency of the action, as prescribed in subsection (b) of this section. The order shall require the rent to be paid as and when due under the lease starting with the next rent due date after the action was filed.

(b) The District Court shall order that the rents be paid:

  (1) Into the registry of an escrow account of:

    (i) The clerk of the circuit court; or

    (ii) If directed by the District Court, an administrative agency of the county which is empowered by local law to hold rents in escrow pending investigation and disposition of complaints by tenants; or

  (2) To the landlord if both the tenant and landlord agree or at the discretion of the District Court.

(c)

  (1) In an action under Sec. 8-401, Sec. 8-402, or Sec. 8-402.1 of this title, if the tenant or anyone holding under the tenant fails to pay rent as it comes due pursuant to the terms of the order, the circuit court, on motion of the landlord and certification of the clerk, the landlord, or agency of the status of the delinquent account, shall conduct a hearing within 30 days.

  (2) The District Court's escrow order and the clerk's certification are presumed to be valid.

  (3) The tenant may dispute the validity or terms of the District Court's escrow order or raise any other defense to the tenant's alleged noncompliance with the order.

  (4) If the circuit court determines that the failure to pay is without legal justification, the court may treat the tenant's demand for jury trial as waived, and can either immediately conduct a nonjury trial or set the matter for a future nonjury trial on the merits of the landlord's claim.

(d) Upon final disposition of the action, the circuit court shall order distribution of the rent escrow account in accordance with the judgment. If no judgment is entered, the circuit court shall order distribution to the party entitled to the rent escrow account after hearing.

#### Section 8-118.1

(a)

  (1) In an action under Sec. 14-132 of this article in which a party demands a jury trial, the District Court immediately shall enter an order directing the person or entity in possession to pay the monthly fair rental value of the premises that is subject to the action, or such other amount as the court may determine is proper, starting as of the date the action was filed, as required in subsection (b) of this section.

  (2) The order shall require the amount determined by the court to be paid within 5 days of the date of the order.

(b) The District Court shall order that the amount determined by the court be paid:

  (1) Into the registry of an escrow account of the clerk of the circuit court; or

  (2) To the plaintiff if both the defendant and the plaintiff agree or at the discretion of the District Court.

(c)

  (1) If the person or entity fails to pay under the terms of the order, the circuit court, on motion of the person or entity claiming possession and certification of the clerk or the plaintiff, if the payment is made to the plaintiff, of the status of the account, shall conduct a hearing within 30 days.

  (2) The District Court's escrow order and the clerk's certification are presumed to be valid.

  (3) The person or entity in possession may dispute the validity or terms of the District Court's escrow order or raise any other defense to the person's alleged noncompliance with the order.

(d)

  (1) If the circuit court determines that the failure to pay is without legal justification, the court may treat the person or entity in possession's demand for jury trial as waived, and can immediately conduct a nonjury trial or set the matter for a future nonjury trial on the merits of the claim of the person or entity claiming possession.

  (2) If the circuit court, on motion, determines that either party is entitled to possession as a matter of law, the court shall enter a judgment in favor of that party for possession of the property and for any other appropriate relief.

(e)

  (1) Upon final disposition of the action, the circuit court shall order distribution of the escrow account in accordance with the judgment.

  (2) If no judgment is entered, the circuit court shall order distribution to the party entitled to the escrow account after hearing.

#### Section 8-119

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Family member" means a spouse, former spouse, domestic partner, former domestic partner, child, stepchild, parent, stepparent, sibling, stepsibling, son-in-law, daughter-in-law, stepson-in-law, stepdaughter-in-law, parent-in-law, stepparent-in-law, grandparent, stepgrandparent, grandchild, or stepgrandchild.

  (3)

    (i) "Material terms" means essential terms for the sale of a residential rental property that meet the requirements in subsection (d) of this section.

    (ii) "Material terms" includes the sales price, settlement date, and other contingencies.

  (4) "Offer to purchase" means a good faith offer for the purchase of a residential rental property for a price that a willing buyer would pay to a willing seller in an arm's length transaction, with neither party under any compulsion to buy or sell.

  (5) "Residential rental property" means a tenant-occupied rental property for residential use with three or fewer individual dwelling units.

  (6) "Secretary" means the Secretary of Housing and Community Development.

  (7) "Tenant" means an individual who has occupied a residential rental property for at least 6 months and who is a named lessee in the written lease.

  (8) "Tenant's exclusive negotiation period" means the period of time after a tenant is notified about the tenant's right to purchase the residential rental property during which the tenant may negotiate exclusively with the owner to enter into a contract of sale.

(b) This section does not apply to:

  (1) A transfer of title to a family member of the owner;

  (2) A transfer of title to a business entity wholly owned by the owner;

  (3) A transfer of title through a court order, including a court order foreclosing the right of redemption, a tax sale, or a sale by foreclosure, partition, or by a court-appointed trustee;

  (4) A transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

  (5) A transfer of title through a testamentary document, a trust instrument, or inheritance;

  (6) A transfer of bare legal title into a revocable trust, without actual consideration for the transfer, if the transferor is the current beneficiary of the trust;

  (7) A transfer of title to the State or a local government;

  (8) A transfer of title in lieu of foreclosure of a mortgage or deed of trust;

  (9) A transfer of title through a court order, receivership, or court-approved settlement;

  (10) A transfer of title through the order of a bankruptcy court or sale by a bankruptcy trustee or debtor in possession;

  (11) A gift transfer of title to any nonprofit organization exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code;

  (12) A transfer of title by a public housing authority; or

  (13) A residential rental property with four or more individual dwelling units.

(c)

  (1) Before a residential rental property may be offered for sale to the public or a third party, including through a listing for sale, the owner of the property shall send each tenant a written notice of the tenant's right to deliver an offer to purchase the property.

  (2) The written notice required under paragraph (1) of this subsection shall:

    (i) Be in the form specified in regulations adopted by the Secretary;

    (ii) Be delivered by:

      (1) First class mail with a certificate of mailing; or

      (2) A delivery service providing delivery tracking and confirmation;

    (iii) Contain material terms that the owner would agree to incorporate in a resulting contract of sale with the tenant;

    (iv) State, in a conspicuous manner, that the notice is a solicitation of an offer to purchase and is not intended as and may not be construed as a binding contract of sale; and

    (v) State any information regarding deadlines for the tenant to submit an offer to purchase, including the duration of the tenant's exclusive negotiation period.

  (3) The owner shall send a copy of the notice required under paragraph (1) of this subsection to the Office of Tenant and Landlord Affairs in accordance with regulations established by the Secretary.

  (4)

    (i) Within 30 days after the landlord delivers the notice under paragraph (1) of this subsection, the tenant may deliver to the owner a written offer to purchase the property.

    (ii) Within 5 days after the owner receives the offer to purchase the property from the tenant, the owner shall:

      (1) If the offer contains the same or more favorable material terms as those contained in the notice, accept the offer and notify the Office of Tenant and Landlord Affairs; or

      (2) If the offer contains material terms that deviate from the terms of the notice, deliver a counteroffer to the tenant with an explanation of how the offer deviates from the notice.

    (iii) If more than one tenant or group of tenants delivers a timely offer to purchase the property, the owner may select the more favorable offer without liability to any other tenant.

    (iv)

      (1) A tenant or group of tenants may affirmatively decline an offer of sale by an owner at any time before an offer of purchase is required to be delivered to the owner under subparagraph (i) of this paragraph.

      (2) A landlord that receives notice from a tenant or group of tenants under subsubparagraph 1 of this subparagraph may offer the property for sale.

  (5)

    (i) Within 5 days after the tenant receives a counteroffer from the owner under paragraph (4)(ii)2 of this subsection, the tenant may:

      (1) Accept the counteroffer; or

      (2) Reject the counteroffer.

    (ii) If the tenant fails to respond to the counteroffer within 5 days after receipt of the counteroffer, the counteroffer is deemed to be rejected and the owner shall notify the Office of Tenant and Landlord Affairs.

  (6) A tenant's right of first refusal under subsection (d) of this section is terminated and the owner shall notify the Office of Tenant and Landlord Affairs if the tenant does not:

    (i) Deliver an offer to purchase in accordance with paragraph (3) of this subsection; or

    (ii) Accept a counteroffer in accordance with paragraph (4) of this subsection.

  (7) Material terms for the purchase of a residential rental property under this subsection:

    (i) Shall be commercially reasonable and made in good faith, and shall adhere to generally accepted residential real estate practices; and

    (ii) May not include restrictions on financing methods or the right of inspection.

(d)

  (1)

    (i) Before a voluntary transfer of title to a residential rental property may occur, any tenant or group of tenants of the property, as applicable, shall have the right of first refusal to purchase the property in accordance with the requirements of this subsection.

    (ii) The right of a third party to purchase any residential rental property to which the requirements of this section apply is subject to the exercise of the right of first refusal by a tenant or group of tenants.

  (2) A tenant has a right of first refusal to purchase residential rental property if:

    (i) The owner intends to accept an offer from a third party to purchase the property for an amount that is at least 10% lower than the lowest price offered to the tenant in any previous notice, offer, or counteroffer under subsection (c) of this section; or

    (ii) The owner, without having offered the property for sale to the public or any third party, receives an offer to purchase the property from a third party.

  (3)

    (i) If the owner receives an offer to purchase the property from a third party as described in paragraph (2) of this subsection, the owner may not accept the offer until:

      (1) The owner provides written notice to the tenant of the tenant's right of first refusal; and

      (2) The tenant has an opportunity to exercise the right of first refusal within 30 days after receipt of the notice specified in paragraph (4)(i) of this subsection.

    (ii) The written notice of the right of first refusal to the tenant shall:

      (1) Be in the form specified in regulations by the Secretary;

      (2) Be delivered by:

      (A) First class mail with a certificate of mailing; or

      (B) A delivery service providing delivery tracking and confirmation;

      (3) Contain the same sales price as the third-party offer to purchase;

      (4) State, in a conspicuous manner, that the notice is a solicitation of an offer to purchase and is not intended as and may not be construed as a binding contract of sale; and

      (5) State any information regarding deadlines for the tenant to submit an offer to purchase.

    (iii) The owner shall send a copy of the notice to the Office of Tenant and Landlord Affairs in accordance with regulations established by the Secretary.

  (4)

    (i) Within 30 days after receipt of the notice under paragraph (3) of this subsection, the tenant may deliver to the owner a written offer to purchase the property.

    (ii) If a tenant delivers an offer to purchase at the same sales price as the offer from the third party, the owner shall accept the offer from the tenant and notify the Office of Tenant and Landlord Affairs.

    (iii) If more than one tenant or group of tenants delivers a timely offer to purchase the property, the owner may select the more favorable offer without liability to any other tenant.

  (5) If a tenant does not deliver an offer to purchase the property in accordance with paragraph (4) of this subsection:

    (i) The owner may accept the third-party offer;

    (ii) The tenant's right of first refusal shall be considered waived; and

    (iii) The owner shall notify the Office of Tenant and Landlord Affairs.

  (6) If the owner accepts the offer to purchase from the tenant under paragraph (4) of this subsection and enters into a contract of sale, but the contract is terminated before settlement, the tenant's right of first refusal is waived and the owner shall notify the Office of Tenant and Landlord Affairs.

  (7) If a third party delivers an offer to purchase to the owner, the owner shall notify the third party of a tenant's right of first refusal under this subsection.

(e) This section may not be construed to prohibit:

  (1) An individual from submitting an offer to purchase a property leased by the individual that is offered for sale to the public; or

  (2) Multiple tenants of a residential property from jointly delivering an offer to purchase or from jointly contracting to purchase the property.

(f) The rights of a tenant under this section may not be waived or assigned and any attempted waiver or assignment is void.

(g) This section preempts any local law or ordinance governing the right of first refusal or opportunity to purchase of a jurisdiction or tenant for the purchase of a residential rental property.

(h)

  (1) Following closing on a contract of sale between an owner and a third party, liability for failure to comply with this section is restricted to the owner and may not attach to the residential rental property that is the subject of the contract.

  (2)

    (i) A tenant who brings an action against the owner after closing on a contract of sale for failing to provide the notice required by this section may not file a notice of lis pendens under Maryland Rule 12-102.

    (ii) A court may dismiss a wrongfully filed action of lis pendens under this paragraph.

(i) An owner of a residential rental property who violates this section is subject to a fine of not more than $1,000 per violation.

(j) The Secretary shall adopt regulations to carry out this section.

#### Section 8-120

(a) The Department shall regularly gather and monitor data related to the purchase of residential rental properties by tenants under Sec. 8-119 of this subtitle.

(b) The Department shall publish the data gathered under subsection (a) of this section in a data dashboard on the Department's website.

(c)

  (1) The Department shall organize the data gathered under subsection (a) of this section into open data sets on a rolling basis that allow automated searching, spatial analysis, visualization, and processing.

  (2) On request, the Department shall provide the organized data to State or local governmental entities and institutions of higher education that are located in the State.

(d) The Department may not publish data under this section that is privileged or otherwise protected by law from disclosure.

#### Section 8-121

(a) In this section, "annual charge" means the charge assessed by the Columbia Association on residential or commercial real property in Howard County that is subject to Columbia Association covenants.

(b) This section applies only to leases for residential and commercial real property in Howard County that are subject to Columbia Association covenants.

(c) If a landlord requires a tenant to pay all or part of an annual charge as a part of the rent, the landlord shall use a written lease that includes:

  (1) Notice of the amount of the annual charge that is included in the rent; and

  (2) A description of how the annual charge is calculated.

(d) A landlord shall use a written lease that includes a description of, or instructions on where to find a description of, the rights and privileges afforded to:

  (1) For a residential lease, the tenant as a resident of real property that is subject to Columbia Association covenants and governing documents; or

  (2) For a commercial lease, the tenant's employees assigned to the site that is subject to Columbia Association covenants and governing documents.

(e)

  (1) When a tenant signs a lease, the landlord shall provide the tenant with a copy of:

    (i) The Columbia Association covenants and governing documents; and

    (ii) If the lease is for residential property, the governing documents of the village association or Town Center, as appropriate.

  (2) A landlord may satisfy the requirement under paragraph (1) of this subsection by providing a physical copy, digital copy, or permanent link to a digital copy of the covenants and governing documents.

#### Section 8-122

(a)

  (1) This section applies only to residential rental units in apartment buildings with 10 or more individual dwelling units.

  (2) This section does not apply to a residential rental unit that is located on property listed on the National Register of Historic Places.

(b) A landlord shall provide air-conditioning in each residential unit in accordance with subsection (c) of this section as follows:

  (1) Beginning June 1, 2026, for newly constructed residential rental units;

  (2) Beginning June 1, 2026, for residential rental units where, at any time on or after January 1, 2025:

    (i) The landlord equipped the unit with air-conditioning or provided air-conditioning; or

    (ii) A lease required the landlord to provide air-conditioning for the unit; and

  (3) Beginning October 1, 2026, for residential rental units that undergo renovation that includes the replacement or substantial upgrade of electrical systems or heating systems.

(c) Except as otherwise necessary for purposes of reasonable maintenance and repair, each year from June 1 to September 30, both inclusive, a landlord shall provide air-conditioning in each residential unit as follows:

  (1) For an air-conditioning system that is not under the control of the tenant, the landlord shall maintain the temperature in the unit at not greater than 80 degrees Fahrenheit at 3 feet above the floor level in each habitable space in the unit; and

  (2) For an air-conditioning system that is under the control of the tenant, the landlord shall ensure that the air-conditioning system is in good working order and is capable of maintaining the temperature in the unit at not greater than 80 degrees Fahrenheit at 3 feet above the floor level in each habitable space in the unit.

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Md. Code Ann., Real Prop. (as displayed at mgaleg.maryland.gov, October 16, 2026)