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Maryland Prohibited Lease Clauses

4 restricted clause types

Our Maryland law database tracks 4 lease clause types that state law prohibits or restricts (3 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.

Educational information: generated from our Maryland law database (last updated 2024-10-01). Not legal advice.

Clause types restricted by Maryland law

  • Waiver of implied warranty of habitability

    Likely Illegal

    Legal basis: Maryland Code, Real Property Section 8-211

  • Waiver of tenant rights

    Likely Illegal

    Legal basis: Maryland Code, Real Property Section 8-105

  • Confession of judgment clause

    Likely Illegal

    Legal basis: Maryland Code, Real Property Section 8-401

  • Late fee exceeding 5%

    Often Unenforceable

    Legal basis: Maryland Code, Real Property Section 8-208

Frequently asked questions

What lease clauses are illegal in Maryland?
Maryland law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
Is a lease still valid if it contains an illegal clause in Maryland?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in Maryland?
Maryland Code, Real Property Section 8-211.

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Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Maryland for your specific situation.