Maryland Required Disclosures: Lead Paint & Move-In Inspections

Maryland, which established its statehood on April 28, 1788, requires landlords to provide specific legal documentation and environmental disclosures to tenants before a lease is signed. These requirements are primarily governed by the Real Property Article (effective July 1, 1974) and the Environment Article of the Maryland Code. Failing to provide these documents not only voids certain lease protections but exposes landlords to significant liability—including statutory damages and the loss of eviction rights—typically adjudicated in the District Court of Maryland.

1. Maryland's Strict Lead Paint Law

Maryland has one of the most rigorous lead paint compliance programs in the United States, governed by the Environment Article, Title 6, Subtitle 8, targeting properties built before 1978.

If the rental property was built prior to 1978, the landlord must:

1. Register the property with the Maryland Department of the Environment (MDE).
2. Obtain a Lead Paint Risk Reduction Certificate via an inspection by an accredited inspector every time the unit turns over to a new tenant.
3. Distribute the MDE "Notice of Tenant Rights" booklet to the tenant.
4. Distribute the EPA "Protect Your Family from Lead in Your Home" pamphlet.

Failure to comply with MDE regulations effectively strips the landlord of their ability to legally evict a tenant for unpaid rent under § 8-401, and exposes the landlord to thousands of dollars in fines per violation.

2. Security Deposit Receipt and Rights

When collecting a security deposit, the landlord must provide a customized, written receipt as specified in Real Property Article § 8-203.1, which must be included in a written lease. At the time of the tenant's payment of the security deposit, the landlord must advise the tenant in writing of their right to:

• Be present when the landlord or the landlord's agent inspects the premises to determine if any damage was done, provided the tenant notifies the landlord by certified mail of their intention to move, the date of moving, and their new address at least 15 days prior to the date of moving. The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant's notice.
• For tenants who purchase a surety bond instead of a security deposit, have the dwelling unit inspected by the landlord in their presence for the purpose of making a written list of the damages that exist at the commencement of the tenancy, if the tenant requests an inspection by certified mail within 15 days of the tenant's occupancy.

Failure by the landlord to comply with the requirement to advise the tenant of their rights under subsection (f) forfeits the right of the landlord to withhold any part of the security deposit for damages.

3. Habitability & Local Licensing

Before a lease is signed, the landlord must ensure the property meets all state habitability standards and local requirements.

Many local jurisdictions—most notably Baltimore City and Baltimore County—require landlords to obtain a rental license. To get this license, the property must pass a health and safety inspection. If a landlord does not have the required local rental license, they cannot legally collect rent or evict a tenant for not paying rent in many Maryland jurisdictions.

4. Name and Address Disclosure

Under Real Property Article § 8-210, the lease must clearly state the name and address of the landlord or the person authorized to accept legal notices on behalf of the landlord. This information must be kept current and accessible to the tenant.

Protect Your Portfolio with Digital Disclosures

Losing an eviction case because you can't prove you handed a tenant an MDE Lead Paint booklet is a costly administrative error. Landager digitizes all mandatory disclosures, forcing digital signatures on lead paint packets and security deposit rights before the lease is executed, guaranteeing a flawless paper trail.

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Landager tracks lease terms, payments, and compliance document dates - making it easy to stay compliant with Maryland regulations.

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