Maryland Commercial Maintenance: NNN Leases & Make Good
Understand commercial maintenance in Maryland. Discover the difference between NNN leases, Gross Leases, and strict 'Make Good' restoration clauses.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Since Maryland’s ratification of the U.S. Constitution on April 28, 1788, and the formal enactment of the Maryland Code, Real Property Article (effective July 1, 1974), commercial maintenance obligations have been strictly governed by the lease agreement. The most shocking realization for new commercial tenants transferring from residential spaces is that there is no Implied Warranty of Habitability in Maryland commercial real estate. A commercial landlord has absolutely zero statutory obligation to provide a functional, safe, or modern operating environment.
The Lease Dictates All Maintenance
If the HVAC system explodes in August, or the roof collapses in December, the party responsible for the repair is determined entirely by how the lease was negotiated.
Triple Net (NNN) Leases
In modern commercial retail and industrial parks, NNN leases are standard. In an absolute NNN lease, the tenant is responsible for 100% of the maintenance and repair costs for both the interior of their space and a pro-rata share of the building's exterior.
- The landlord effectively acts merely as a financier collecting base rent.
- The tenant pays for their own HVAC repairs, plumbing, electrical work, and contributes monthly to a Common Area Maintenance (CAM) fund to pay for the roof, parking lot paving, and exterior lighting.
Gross Leases
More common in multi-tenant office buildings. The tenant pays a single, higher flat rate for rent, and the landlord covers all structural repairs, common area janitorial services, taxes, and insurance.
HVAC Maintenance Contracts
Because heating and air conditioning units are the most expensive mechanical components regularly needing repair, Maryland commercial leases frequently contain specific HVAC clauses.
- A standard clause requires the tenant to secure a preventive maintenance contract with a licensed, landlord-approved HVAC contractor, requiring quarterly filter swaps and inspections.
- If the tenant fails to produce this active contract, they become solely liable for the entire cost of replacing a catastrophic HVAC failure.
End-of-Lease "Make Good" Provisions
The maintenance dispute phase often peaks at the end of the tenancy. Commercial tenants frequently conduct massive build-outs: erecting partition walls, installing heavy commercial kitchen equipment, or bolting machinery to concrete floors.
A rigorous Maryland commercial lease will include a "Make Good" or "Surrender" clause. This clause requires the tenant, at their sole expense, to demolish their custom build-out and restore the premises back to "vanilla shell" condition before handing over the keys. If the tenant leaves partition walls standing, the landlord may seek damages in the District Court of Maryland or Circuit Court, depending on the amount in controversy.
How Landager Helps
Landager tracks lease terms, payments, and compliance document dates - making it easy to stay compliant with Maryland regulations.
Sources & Official References
Frequently Asked Questions
▶What are the Maryland landlord-tenant laws every property owner should know?
Maryland residential tenancies are governed primarily by the Real Property Article of the Maryland Code. Maryland law provides strong protections for tenants regarding security deposits, late fees, and eviction procedures, while also allowing some local jurisdictions (like Montgomery County) to enact stricter rent stabilization rules. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Maryland eviction process and how long does it take?
The Maryland eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Maryland. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Maryland security deposit rules and return deadlines?
Maryland has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Maryland rent increase laws and caps for landlords?
Maryland has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Maryland has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Maryland?
Maryland has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Maryland state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Maryland landlords provide to tenants?
Maryland landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Maryland lease requirements for rental properties?
Maryland recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Maryland law.
Read the complete guide▶What are Maryland landlord maintenance obligations and habitability standards?
Maryland landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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