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Maryland Residential Sublease Agreement (2026)

Sublet your apartment or a room to a subtenant: master-lease incorporation, landlord consent with your state's rule, rent, deposit and disclosures that follow state law, plus a one-page consent form for the landlord.

Updated September 2026≈ 9 minReviewed against Md. Code, Real Prop. § 8-203 · Md. Code, Real Prop. § 8-208 · Md. Code, Real Prop. § 8-402
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Sample first page of the Residential Sublease Agreement: title block and opening sections with blanks to fillView larger
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Sample first page of the Residential Sublease Agreement. Your answers fill in the blanks; the clauses required in Maryland are added automatically.

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Sample first page of the Residential Sublease Agreement: title block and opening sections with blanks to fill

Sample first page of the Residential Sublease Agreement. Your answers fill in the blanks; the clauses required in Maryland are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Sublandlord, subtenant, landlord and the master lease
  • Whole unit or a room, with shared areas
  • Term that ends before the master lease
  • Rent, due day and late fee within the state cap
  • Security deposit cap and return deadline
  • Utilities included, split, fixed or direct
  • Landlord consent and the state consent rule
  • Master-lease incorporation and subtenant duties
  • Federal lead-paint and state disclosures
  • Default, termination and no further subletting
  • One-page Landlord Consent to Sublease form

Maryland rules that this document follows

Consent to subletVaries — No statute — the lease controlsSource: No statute; Md. Code, Real Prop. § 8-101 et seq. is silent on subletting — the master lease controls; at common law a tenant may sublet unless the lease restricts it
Security deposit limitone month's rentSource: Md. Code, Real Prop. § 8-203(b)(1) (HB 1117, eff. 10/1/2024)
Deposit return deadline45 days after move-outSource: Md. Code, Real Prop. § 8-203(e)(1)
Interest on depositRequired (see conditions)Source: Md. Code, Real Prop. § 8-203(e)(1) (simple interest at 1.5% or U.S. Treasury yield, whichever greater; deposits over $50)
Late feesMax 5% of the rent due per periodSource: Md. Code, Real Prop. § 8-208(d)(3)
Notice to end month-to-monthLandlord 60 days / Tenant 30 daysSource: Md. Code, Real Prop. § 8-402(b)(3)
Required disclosuresLead-Based Paint Disclosure (pre-1978 housing); Maryland Lead Risk Reduction Certificate; Owner and Agent Identification; Security Deposit Receipt and Rights; Move-In Inspection Right; Ratio Utility Billing Disclosure; Duties Regarding Utilities and RepairsSource: Maryland Code, Real Property Title 8 (Landlord and Tenant)
Rent control / local rulesMontgomery County: rent-stabilized units (County Code ch. 29, Bill 15-23, eff. 7/2024) — the sublease rent may not exceed the sublandlord's lawful rent; Takoma Park has its own rent-stabilization ordinance.Source: Md. Code, Real Prop. § 8-101 et seq.

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Residential Sublease Agreement in Maryland

Start with your own lease: find the subletting clause and get the landlord's written consent on the attached form before anyone moves in. Name the master lease and its end date so the sublease can never outlast it, describe exactly what is sublet (whole unit or a room plus shared areas), and set rent and deposit within Maryland's caps — the deposit rules bind you as the subtenant's landlord.

Answer the disclosure questions from your own lease packet (lead paint, flood, bed bugs and the like) and give the subtenant a copy of the master lease, every attachment and a deposit receipt. Remember that you stay liable to the landlord for everything the subtenant does.

Frequently asked questions

Can I sublet my apartment in Maryland without my landlord's permission?

No statute — the lease controls (Md. Code, Real Prop. § 8-101 et seq.). Whatever the statute says, read your lease first: almost every residential lease requires the landlord's written consent, and subletting in breach of the lease is grounds for eviction of both you and the subtenant. This agreement records the consent and attaches a one-page form for the landlord to sign.

Who holds the subtenant's security deposit and when must it be returned in Maryland?

You do, as the subtenant's landlord. Maryland's deposit cap and return deadline apply to you — return it with an itemized statement within 45 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.

How do I end a month-to-month sublease in Maryland?

The subtenant gives you at least 30 days' written notice; you give the subtenant the notice Maryland law requires of a landlord (60 days). The sublease also ends automatically when your master lease ends.

Other names

  • sublet agreement
  • sublet contract
  • sublease contract
  • apartment sublease
  • room sublease
  • sublet lease
  • sublessor sublessee agreement
  • tenant to tenant lease

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.