"Room Rental Dwelling Lease Form" - Montgomery County, Maryland

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Download "Room Rental Dwelling Lease Form" - Montgomery County, Maryland

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Room Rental Dwelling Lease
The Montgomery County Room Rental Brochure and general landlord-tenant information is available at:
www.montgomerycountymd.gov/dhca
This Lease Agreement is made between _____________________________________, Tenant
and ________________________________________, Landlord. The Landlord leases to the Tenant(s) a room(s) at
_______________________________, Montgomery County, Maryland. The term of this agreement is _____ month(s),
beginning on the ____ day of __________, _____ and ending on the ______ day of ____________, _____. The rent is
___________________________________ Dollars ($_____________) and should be paid in equal monthly installments, in
advance of the _____ day of each month ("Rent Due Date"). Tenant agrees to pay rent to
_______________________________________ (Landlord/Agent)
at_______________________________________________. Failure to pay rent at the specified time is a default of this
Agreement and the Landlord may use any remedy available under the terms of this Lease and/or applicable law. Each
Tenant is responsible individually and together to Landlord/Agent for full performance under the terms of this Lease
Agreement and for compliance with applicable law.
ADDITIONAL CHARGES
1. Landlord/Agent may require that all rental payments be made by money order, cashier's check
and/or certified check. Tenant also agrees that if he/she fails to pay any installment of rent within ten (10) days of the date
due, Tenant must pay Landlord, in addition to the rent, a late charge of five percent (5%) of the unpaid rent then due. The
ten (10) days is NOT a grace period, and the rent is due and payable on the _____of each month. The tenant must pay the
late charge as additional rent together with the rent then overdue. A service charge (which cannot exceed the maximum
permitted by state law) of Thirty-five Dollars ($35.00) will be automatically charged each time a check is returned unpaid
for any reason by the Tenant's bank.
RECEIPTS
2. Landlord agrees to provide to the Tenant a written receipt for payments of rent if the Tenant
pays with cash or a money order or, upon Tenant’s request for a receipt. This Lease shall serve as a receipt for the
aforementioned security deposit.
SECURITY DEPOSIT
3. In accordance with the Annotated Code of Maryland, Real Property Article, Tenant has
deposited with the Landlord/Agent the sum of ________________________________Dollars
($________________), which sum does not exceed two (2) months' rent. This money will be held as collateral security and
applied on any rent or unpaid utility bill that may remain due and owing at the expiration of this Lease, any extension or
holding over period. The money may also be applied to any damages to the premises in excess of ordinary wear and tear
caused by the Tenant, the Tenant’s family, guests, agents, employees, trades people, or pets, or other damages and expenses
suffered by Landlord as a result of a breach of any covenant or provision of this Lease. Tenant may not use the security
deposit as rent and he must not apply the security deposit as the last month's rent. The security deposit will be deposited and
maintained in an escrow account in a federally insured financial institution, which does business in the State of Maryland,
devoted exclusively to security deposits, within thirty- days (30) after the Landlord receives it. The security deposit may be
held in insured certificates of deposit at branches of a federally insured financial institution within the State of Maryland or
in securities issued by the federal government or the State of Maryland.
Within 45 days after the end of the tenancy, the
landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S.
Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5%, whichever is greater, less any
damages rightfully withheld. For any year in which the landlord has held the security deposit for less than the full year, the
landlord shall pay an amount of interest calculated by:
1. Multiplying the amount of the deposit by the daily U.S. Treasury yield curve rate for 1 year that was in effect as of
the first business day of that calendar year, or 1.5%, whichever is greater; and
2. Multiplying the result obtained under item 1 of this subparagraph by a fraction, the numerator of which is the
number of months that the deposit was held that year and the denominator of which is 12.
Page 1 of 4 for Room Rentals ONLY
12/2014
Room Rental Dwelling Lease
The Montgomery County Room Rental Brochure and general landlord-tenant information is available at:
www.montgomerycountymd.gov/dhca
This Lease Agreement is made between _____________________________________, Tenant
and ________________________________________, Landlord. The Landlord leases to the Tenant(s) a room(s) at
_______________________________, Montgomery County, Maryland. The term of this agreement is _____ month(s),
beginning on the ____ day of __________, _____ and ending on the ______ day of ____________, _____. The rent is
___________________________________ Dollars ($_____________) and should be paid in equal monthly installments, in
advance of the _____ day of each month ("Rent Due Date"). Tenant agrees to pay rent to
_______________________________________ (Landlord/Agent)
at_______________________________________________. Failure to pay rent at the specified time is a default of this
Agreement and the Landlord may use any remedy available under the terms of this Lease and/or applicable law. Each
Tenant is responsible individually and together to Landlord/Agent for full performance under the terms of this Lease
Agreement and for compliance with applicable law.
ADDITIONAL CHARGES
1. Landlord/Agent may require that all rental payments be made by money order, cashier's check
and/or certified check. Tenant also agrees that if he/she fails to pay any installment of rent within ten (10) days of the date
due, Tenant must pay Landlord, in addition to the rent, a late charge of five percent (5%) of the unpaid rent then due. The
ten (10) days is NOT a grace period, and the rent is due and payable on the _____of each month. The tenant must pay the
late charge as additional rent together with the rent then overdue. A service charge (which cannot exceed the maximum
permitted by state law) of Thirty-five Dollars ($35.00) will be automatically charged each time a check is returned unpaid
for any reason by the Tenant's bank.
RECEIPTS
2. Landlord agrees to provide to the Tenant a written receipt for payments of rent if the Tenant
pays with cash or a money order or, upon Tenant’s request for a receipt. This Lease shall serve as a receipt for the
aforementioned security deposit.
SECURITY DEPOSIT
3. In accordance with the Annotated Code of Maryland, Real Property Article, Tenant has
deposited with the Landlord/Agent the sum of ________________________________Dollars
($________________), which sum does not exceed two (2) months' rent. This money will be held as collateral security and
applied on any rent or unpaid utility bill that may remain due and owing at the expiration of this Lease, any extension or
holding over period. The money may also be applied to any damages to the premises in excess of ordinary wear and tear
caused by the Tenant, the Tenant’s family, guests, agents, employees, trades people, or pets, or other damages and expenses
suffered by Landlord as a result of a breach of any covenant or provision of this Lease. Tenant may not use the security
deposit as rent and he must not apply the security deposit as the last month's rent. The security deposit will be deposited and
maintained in an escrow account in a federally insured financial institution, which does business in the State of Maryland,
devoted exclusively to security deposits, within thirty- days (30) after the Landlord receives it. The security deposit may be
held in insured certificates of deposit at branches of a federally insured financial institution within the State of Maryland or
in securities issued by the federal government or the State of Maryland.
Within 45 days after the end of the tenancy, the
landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S.
Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5%, whichever is greater, less any
damages rightfully withheld. For any year in which the landlord has held the security deposit for less than the full year, the
landlord shall pay an amount of interest calculated by:
1. Multiplying the amount of the deposit by the daily U.S. Treasury yield curve rate for 1 year that was in effect as of
the first business day of that calendar year, or 1.5%, whichever is greater; and
2. Multiplying the result obtained under item 1 of this subparagraph by a fraction, the numerator of which is the
number of months that the deposit was held that year and the denominator of which is 12.
Page 1 of 4 for Room Rentals ONLY
12/2014
Interest shall accrue at six-month intervals from the day the tenant gives the landlord the security deposit. Interest is not
compounded. Interest shall be payable only on security deposits of $ 50 or more.
If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within
45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus
reasonable attorney's fees.
The foregoing provisions do not apply to any Tenant who has abandoned the premises or been evicted unless the
Tenant makes a written demand for the return of the security deposit within 45 days of being evicted, ejected or abandoning
the premises, and provides the Landlord with his/her new address.
In the event of a sale of the property or the transfer or assignment by the Landlord/Agent of this Lease, the
Landlord/Agent has the obligation to transfer the security deposit to the new Landlord/Agent. After the transfer is made and
after written notice is given to the Tenant with the name and address of the new Landlord/Agent, Landlord/Agent is released
from all liability for the return of the security deposit and the Tenant must look solely to the new Landlord/Agent for the
return of his/her security deposit. This provision will apply to every transfer or assignment made of the security deposit to a
new Landlord/Agent.
In the event the Tenant makes a rightful or permitted assignment of this Lease to any assignee or
sublessee, the security deposit is deemed to be held by the Landlord/Agent as a deposit made by the assignee or
sublessee and the Landlord/Agent has no further liability to return the security deposit to the Tenant.
The failure of the Landlord to comply with the Security Deposit Law may result in the Landlord being liable to
the Tenant for a penalty of up to 3 times the Security Deposit withheld, plus reasonable attorney’s fees.
The Landlord or Landlord’s estate, but not the managing agent or court appointed receiver, will remain liable to
the Tenant for the maintenance of the security deposit as required by law.
List of existing damages. Tenant has the right to have the dwelling unit inspected by the Landlord in the Tenant’s
presence so the Landlord can make a written list of damages that exist at the commencement of the tenancy if the Tenant
makes this request to the Landlord by certified mail within fifteen (15) days of the Tenant’s occupancy. This list is for
information only, and Landlord/Agent shall not be obligated to make any repairs except as specified by this Lease or as
required by law.
At the termination of the tenancy, the Tenant has the right to be present at the time of inspection to
determine if there is any damage to the premises if Tenant notifies Landlord by certified mail at least fifteen (15)
days prior to Tenant's date of moving of Tenant's intention to move, date of moving and new address. Upon receipt
of notice, Landlord/Agent shall notify Tenant by certified mail of the time and date when the premises are to be
inspected. The inspection date shall occur within five (5) days before or five (5) days after the Tenant’s (or
Landlord’s) intended moving date as designated in Tenant's (or Landlord’s) notice.
ACCEPTANCE OF PROPERTY
4. Landlord agrees that the leased premises and all common areas are delivered in a clean, safe and sanitary
condition, free of rodents and vermin, in a habitable condition.
USES/AUTHORIZED OCCUPANT
5. The room(s) will be used solely for residential purposes and be occupied by no more than ____ person(s),
including children. The following persons and no others, except after-born children, are authorized by Landlord
to reside in the room(s):
_________________________________________________________________________________________.
MAINTENANCE
6. Tenant must generally maintain the room in a clean, sanitary and safe condition. Maintenance includes the
replacement of light bulbs, cleaning of bathroom and cleaning of appliances including, but not limited to, stoves and
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12/2014
microwave ovens, refrigerators and freezers, garbage disposals, dishwashers, washing machines, and clothes dryers
if you have access to these appliances).
Tenant must promptly report to Landlord any problems requiring repairs or replacement beyond general
maintenance. Tenant must not order repairs or replacements without prior approval from the Landlord/Agent.
UTILITIES
7. Tenant must pay ¼, ½, _____ (other) of utility charges as marked: (Check all that apply)
Gas
electric
water and sewer
telephone/ cable
Other ____________
These payments will be made when the Landlord presents the bill to the Tenant.
SMOKE DETECTORS
8. Landlord/Agent certifies that Smoke Detectors have been installed and are in proper working condition in
accordance with applicable law prior to Tenant's occupancy.
VEHICLE PARKING
9. Tenant may not park any motor vehicle, trailer, or other such vehicle on the property without current license
plates and the vehicles must be in operating condition. Park vehicles only in garages, driveways, assigned spaces, if
provided, on the street, or as regulated by the Common Ownership Community (if applicable).
LANDLORD/AGENT ACCESS TO PREMISES
10. a. Landlord may enter the Tenant’s room after giving due notice (24 hours) to the Tenant and the Tenant has
not unreasonably objected, to make necessary repairs during normal business hours, including weekends, except as
the Landlord and Tenant otherwise agree. Landlord/Agent may enter the room immediately without notice to
Tenant in an emergency situation.
b. Landlord/Agent may enter the room after due notice to the Tenant (24 hours) when the Landlord is required
to allow access to the Department of Housing and Community Affairs for an inspection.
RETALIATORY EVICTION
11. The Landlord must not actually or constructively evict or attempt to evict a Tenant from, or deny a tenant
access to, the room(s) occupied by the Tenant without following the judicial process authorized in state law to
obtain possession of the dwelling unit.
TERMINATION-HOLD OVER
12. a. Either Landlord or Tenant may terminate this Lease at its expiration or any extension thereof by giving the
other one month’s written notice of termination (One week’s notice if tenant is week-to-week). If Tenant holds over
after the expiration of the term of this Lease, he/she shall, with the Landlord/Agent’s consent and in the absence of
any written agreement to the contrary, becomes a Tenant from month to month at the monthly rate in effect during
the last month of the expiring term. All other terms and provisions of this Lease shall remain in full force and effect.
COURT AWARDED LEGAL FEES
13. If the Landlord files an action to recover possession of the leased premises, including a non-payment of rent
action, the Tenant is obligated to pay court costs awarded by the court, and to pay legal costs or attorney fees
awarded by a court after the court finds that the fees and costs are reasonable. If the Court awards reasonable
attorney’s fees in a Failure to Pay Rent action, the attorney’s fees are not part of the tenant’s rent and do not need to
be paid to redeem the premises. The Landlord is obligated to pay Tenant’s attorney fees awarded by a court after the
court finds that the fees are reasonable if the Tenant is the prevailing party in the legal action and the court awards
these fees.
MOVE-OUT INSPECTION/SURRENDER OF PREMISES
14. Tenant will, upon termination of this Lease, surrender the room(s) and all personal property of Landlord
therein in good and clean condition, ordinary wear and tear excepted. Tenant will leave the room in broom-clean
condition, free of trash and debris. Upon vacating the premises, Tenant must deliver all keys to the Landlord/Agent
within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.
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12/2014
ABANDONED PROPERTY
15. The Landlord/Agent considers any personal property left on the premises after termination of the tenancy
abandoned and Landlord/Agent may dispose of it at Tenant's expense. Landlord/Agent shall not be liable to Tenant
or any other person for the loss of property so abandoned.
ADDITIONAL PROVISIONS
16. Further Provisions and Additions. House Rules:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
ADDENDUM
___ Number of Pages ___________
17. Addendum attached: Yes ___________ No_______
MISCELLANEOUS
18. a. This Lease contains the final and entire agreement between the parties and neither party is bound
by any terms, conditions, statements, warranties or representations, oral or written, not contained in this
Lease and its addenda.
b. It is understood and agreed by the parties that if any part, term, or provision of this Lease is
held by the Courts to be illegal or in conflict with any law of the state or county where made, the validity
of the remaining portions or provisions are not affected, and the rights and obligations of the parties will
be construed and enforced as if the contract did not contain the particular part, term, or provision held to
be invalid.
The parties agree to abide by all of the terms and conditions in this lease agreement.
____________________________________ ____
_ ____________________________________
Tenant
Date
Landlord
Date
________________________________________
______________________________________
Tenant
Date
Landlord
Date
_________________________________________
______________________________________
Tenant
Date
Agent
Date
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