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A sublease agreement details the terms and conditions of subletting a rental unit, either in its entirety or partially. It is the job of the original tenant to draw up this document, and he or she will have to ensure that it complies with Maryland laws.

In this short guide, we'll provide all the information you need to build a Maryland sublease agreement.

Sublease Agreements

A sublease agreement in Maryland enables a tenant or sublessor to sublet all or a portion of their apartment or home to a new tenant, commonly referred to as the subtenant or sublessee.

In Maryland, it is legal to acquire a subtenant if you need to vacate the property without forfeiting your security deposit or if you just need someone to live there to assist with rental payments. The individual who sublets has the same obligations and rights as the initial tenant, and they are also subject to eviction in the following situations:

  • Violating the terms of the sublease agreement by failing to pay rent
  • Causing damage to the property
  • Conducting illegal activity on the premises
  • Breaching the terms of the contract in other ways

What to Include

When drawing up your sublease agreement, you must include the following details:

  • Full names, addresses, and contact details of both parties
  • The location of the subleased apartment or home
  • Details regarding the security deposit (Whether the subtenant will be compelled to pay one and how much they must contribute)
  • The monthly rental payment that the new tenant will be liable for (Here, you will need to include the location where the rent should be delivered on the due date and any late fees that may apply)
  • Terms and conditions of the agreement¬†
  • The start and end date of the agreement
  • Signature of both the sublessor and sublessee

How to Write One

In the section below, we'll break this down into a step-by-step process to help you create your first Maryland sublease agreement.

  1. Check the original lease agreement. It is important to check the original lease before you plan to sublet a rental property. If the original lease explicitly prohibits it, you cannot bring a new tenant onto the premises.
  2. Get permission from the landlord. Before you draw up your sublease agreement, you must obtain the landlord's approval to rent their property to a third party. It is best to send your request via certified mail as proof.
  3. Find a sublease agreement template or editing tool. Before you can draw up your Maryland sublease agreement, you must ensure that you have a good template or editing tool (see the section below for these resources).
  4. Make a note of all parties' contact details and the property's condition. You should also include the property address in this agreement.
  5. Add your terms. This can include conditions that do not appear on the original lease.
  6. Provide details about the rent. Here, you will need to mention the amount required for rent, the security deposit, and the due date for both payments. Also, discuss late fees that may apply.
  7. Sign and date the agreement. You will also need to get the new tenant to sign and date the contract. Including a copy of the original lease and written consent from the landlord is also advisable.

Special Laws

Since Maryland has no explicit regulations governing subletting, the landlord will need to approve the new tenant. They may ask to be informed of the terms of the agreement, but they cannot object to this kind of leasing arrangement.

To ensure that there is proof that the landlord has approved the subtenant, the original tenant should send this petition to the landlord via certified mail. The new tenant may be viewed as a trespasser if the sublet is not disclosed, which could create a problem for the initial tenant and lead to the subtenant's eviction.

Sublessors

It is important to remember that a sublease agreement does not alter the terms of the original lease, so you will still be bound to it. To ensure that you accept a good candidate, it is essential to conduct a background check.

As the original tenant, you will be responsible for the following:

  • Honoring the terms and conditions of the original lease
  • Conducting a background check on the new tenant to see whether they can afford the rent (this is advisable but not required by law)
  • Collecting the rent from the new tenant and paying it to the landlord
  • Submitting a written complaint if the new tenant has not paid rent
  • Returning the security deposit within 45 days of the end of the lease term
  • Giving the subtenant 30 days' written notice if you intend not to renew the sublease agreement

Build Your Own

Ready to create your sublease agreement? To do this, you have three options:

The good news is that you don't have to look very far when drawing up this type of agreement because we have the tools you need. You can download our free form here:

You can also download our software to generate professional, personalized sublease agreements! To try it out for free, contact us today!

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Final Thoughts

If you need to move away and don't want to break the terms of the lease, you can choose to sublease your rental home or apartment. Use our free form or editing tool to create your next professional sublease agreement.

Contact us today to try DoorLoop out for free!

FAQs

Is it legal to sublease an apartment in Maryland if the original lease agreement allows it?

Yes, you are allowed to sublease a property, provided the lease doesn't forbid it or your application has not been rejected by the landlord.

What are the acceptable reasons to break a lease?

In some cases, it is okay for a new tenant to break the sublease agreement before the end of the lease term. Domestic abuse or sexual assault victims may terminate the contract early by giving the landlord or original tenant 30 days' notice.

How do I get out of a sublease agreement?

In Maryland, signing a sublet contract is equivalent to signing a lease. The only way out of a sublease is if one party is in violation of the terms of the lease. This could be by failing to pay rent, for example.

The original tenant might be able to evict the new tenant if they have violated these terms. If the tenant is a problem and you wish to stop subletting to them, they must also act in a way that is against the contract's provisions.

You might be able to work out conditions that let you depart early, though. Have a conversation with the relevant parties to see if you can reach a resolution.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!