General Information on Renting
Considering the Rights of All Concerned
Once you have found a rental that seems to meet your
needs, it's important to understand your rights and
those of your landlord and neighbors before entering
into any written rental agreement or lease, the terms of
which outline rights. Considering the rights of all
involved will encourage fair treatment of you as a
tenant and a neighbor, develop a positive relationship
between you and your landlord and neighbors, and provide
good references for your future use.
Tenant's Rights - Under Maryland law, you have
a right to a living environment that is safe, sanitary
and free from serious dangerous conditions. Among your
rights are:
- to have properly functioning systems for heat,
light, electricity and water, unless utilities are
shut off because you, the tenant, do not pay the
bills
- to have adequate sewage disposal
- to be free of rodent infestation in situations
specified by law
- to be free of lead paint on walls and ceilings
- to be free of a serious threat to physical
safety due to any structural defect
- to be protected from the existence of any
condition that presents a serious fire or health
hazard
There are also provisions which require that you be
appropriately notified of actions your landlord may
take, such as eviction or entry into the rental. You
should contact the local agencies listed for more
information about such matters.
Landlord's Rights - Landlords also have basic
rights under law. Among these are:
- the right to set reasonable rules and
regulations governing the use of property
- the right to prompt payment of rent
- the right to expect the tenant to exercise
reasonable care in the use of the property
- the right to entry or access to the rental unit
at reasonable times with prior notice or in case of
emergency
- to right to evict or terminate a tenant's
occupancy for causes as provided by law
Other protections for the landlord may be included in
the lease or written agreement and should be fully
understood and agreed upon by both parties before
signing the contract. Landlords want to rent to people
who will work cooperatively with them in keeping their
rental property safe and clean. Your cooperation may
enable you to use your landlord as a future rental or
credit reference.
Neighbors' Rights - Most of your neighbors are
likely to be property owners who have chosen to invest
their money and energies in that particular neighborhood
for a variety of reasons. Some of the residents may have
small children. Others may be elderly. Some
neighborhoods have a number of students renting in the
area; others have few.
Because of their substantial investment in their
homes and in the quality of life in their neighborhoods,
your neighbors have rights, too, some of which are:
- the right to peace and quiet, especially during
nighttime hours
- the right to safety and security in their
neighborhoods
- the right to park at their properties and have
full access to their driveways
Before you contract to live in an area, get to know
the make-up of the neighborhood and its lifestyle. Know
in advance what compromises you may have to make in your
own lifestyle so that you will be a welcome addition to
the community. This respect for others will be
especially helpful to you when you need special
consideration or references from your neighbors.
Also helpful to do before you sign any lease or
agreement is to check on laws affecting residency and
lifestyle in the rental area, such as occupancy
restrictions or noise level limits. Laws pertaining to
the City of Salisbury are included in this publication
for general reference, but more information is available
from local agencies, and laws pertaining to rentals in
other municipalities should be obtained from those
authorities.
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Signing the Lease
A lease is a written contract that binds you and your
landlord to mutually agreed upon terms for the rental.
As a legal document it offers the best protection to
both parties by putting all of the terms and conditions
of a rental agreement in writing. A less formal contract
is a simple written agreement between tenant and
landlord which also states terms and conditions of the
rental.
To avoid misunderstandings that occur with verbal
agreements, use a lease or a written agreement to ensure
that your rights are protected and that you fully
understand your obligations to your landlord. A good
lease or written agreement meets the needs of both the
tenant and the landlord. While terms may vary, some
elements normally incorporated into these contracts are:
- duration
- beginning date, ending date and dates of
possession
- rent due date
- how and where rent is to be paid
- late rent penalty, if applicable
- payment of utilities
- "house rules" governing certain behaviors or
situations, such as smoking, loud noise and
disturbances, guests, kitchen/laundry privileges,
pets, etc.
- terms for landlord's reasonable access or entry
to unit
- terms regarding cause and procedures for
eviction
Leases or written agreements may be modified at the
agreement of both tenant and landlord by simply writing
in the changes and having both parties initial them.
Both you and your landlord should retain copies of the
lease or written agreement, including any written and
initiated changes.
You are ready to sign the lease or written agreement
when you have found the rental that best suits your
needs, lifestyle and pocketbook, and when you feel you
can live and work cooperatively with your landlord and
neighbors, abiding by all laws affecting your residency.
Be sure that you fully understand and agree to all terms
of the lease or written agreement before you sign it.
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Before
Signing the Lease
- Check with the landlord to make sure there are
no violations pending on building/fire codes.
- Ask about track record on returning security
deposits.
- Get estimated utility costs.
- You may want to check with previous tenants
about the reputation of the landlord.
- Check with the landlord to see if you have
insurance covering personal property.
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Moving In
As a tenant, you are entitled to receive a written
list of existing damages within 15 days of taking
occupancy; however, you must request this list from your
landlord. When you move in, it is also a good idea to
make a written inventory of the condition of the
property, its appliances and any other furnishings and
have your landlord acknowledge the inventory in writing.
This inventory can be used to determine if there are any
repairs the landlord must make or any damages that occur
during your tenancy for which you will be responsible.
Provide your landlord with a copy of the inventory and
retain a copy for your records along with a receipt
indicating that your landlord has received the
inventory. You may wish to take photographs to
supplement the written inventory.
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Moving Out
When you move out, you should request that your
landlord or his/her representative conduct a joint
inspection of the property with you. Have records of
pre-existing damages available during this inspection.
Your landlord has 30 days to notify you in writing of
any damages for which you are being charged and 45 days
to return your security deposit less any damage
assessments. If you have maintained a good relationship
with your landlord, you may wish to request a letter of
reference.
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Developing a Good Rental Record
A good rental record can help you obtain rentals in
the future and may also prove valuable in obtaining
credit. Use your current rental arrangement to develop a
positive record and list of references by working
cooperatively with your landlord and neighbors and by
observing all laws. Landlords and creditors will view
you as a good rental/credit risk if your record is good.
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Observing Laws
Tenants, landlords and neighbors all must observe
federal, state and local laws which affect their
residency or property holding in an area. Violators are
subject to action by local enforcement agencies.
Students also may be subject to disciplinary action by
the University Judicial System for off-campus
misconduct. Some of the laws most frequently called into
question by tenants, landlords, and/or neighbors in
Salisbury are outlined below. If you rent in another
jurisdiction (e.g., Ocean City), you should find out how
such laws are written and enforced in that area from its
local authorities.
Nondiscrimination-Federal and state laws and
University policy prohibit discrimination with regard to
race, color, religion, national origin, sex, age,
marital status or handicap.
Illegal Occupancy-(City of
Salisbury)--Occupancy in single-family dwellings is
restricted to no more than four unrelated persons;
occupancy in townhouses is restricted to no more than
three unrelated persons. Enforcement may require all
tenants to move out, with fines ranging from $25-50 per
day up to a $300 maximum and court action.
NOTE: Occupancy levels in Salisbury are subject to
change in the future.
See also: Zoning Changes.
Noise Ordinance-(City of Salisbury)--This law
prohibits the use of audio equipment between the hours
of 11 p.m.-7 a.m. in such a manner as to be plainly
audible at a distance of 50 feet from the building or
vehicle in which it is located. This is a misdemeanor
offense carrying a $100 fine upon conviction.
Keeping a Disorderly House-(State of
Maryland)-The definition of a disorderly house includes
a place conducted in such a manner as tends to disturb
the peace and order of the neighborhood, or the public
generally. This is a misdemeanor often carrying a
$50-300 fine and/or 10 days to six months imprisonment
upon conviction. In addition, the Bureau of Inspections
routinely conducts safety inspections of properties
against which such complaints have been filed.
Alcoholic Beverages-(State of Maryland)--There
are a series of laws governing the use of alcoholic
beverages. State law requires that a person be 21 years
of age or older to purchase, possess or consume
alcoholic beverages, with fines ranging from $50-100 for
most offenses. It is also against the law to furnish
alcoholic beverages to persons under age 21. Conviction
for this offense can result in a fine of up to $1,000
and/or two years imprisonment. Persons furnishing
alcohol at parties also need to be aware of possible
civil liability in cases where guests or third parties
are injured as a result of alcohol being furnished.
Trash-(City of Salisbury)--Trash receptacles,
either plastic or metal, must be kept at the rear of the
property and placed on the sidewalk on the morning of
the day of collection. Receptacles must be removed from
the sidewalk by 9 p.m. on the day of collection.
Violations of this ordinance carry fines ranging from
$25-50 per day up to a maximum of $300.
Whether you're an "old pro" or a "first-timer" at
renting off-campus housing, this guide provides general
information and resources to make the experience easier
and more comfortable for you. The guide points out ways
to find a rental that's right for you and notes your
basic rights as a tenant. Just as important, it
highlights your landlord's and neighbor's rights, as
well as some state and local laws, to help you develop
cooperative relationships and a positive rental record.
More specific information regarding off-campus
rentals is available from the University departments and
community agencies listed in this publication. If legal
assistance is needed, contact the appropriate agency or
an attorney.
Salisbury University does not inspect or approve
off-campus rental facilities, nor does it assume any
responsibility for agreements between students and
landlords. The University shall not be liable for any
student or landlord actions taken on the basis of
statements made in this publication.
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Finding the Place That's Right for You
Living arrangements in the rental market are quite
varied. You could rent a room in a local family's home
or share accommodations with other students in a house,
apartment, condominium or mobile home. Some rentals are
just across the street from campus while others are as
distant as Ocean City. Prices vary depending on such
factors as location and amenities.
When looking at rentals, consider your lifestyle (Do
you prefer a quiet setting or a more stimulating
environment?), academic needs (Will class schedules or
library work demand you live nearby?) and finances (How
much can you afford for rent, utilities, transportation,
etc?). Prioritize your needs and inspect the premises
before entering into any rental agreement to be sure the
facilities meet your needs. Other factors to consider
are:
- costs, including rent, security deposits and
utilities
- terms of the lease or written agreement
- number of renters sharing the facility
- distance from campus
- building and neighborhood safety
- amount and condition of living space
- furnishings, if provided
- laundry and kitchen facilities, condition of
appliances
- ventilation and windows
- number of electrical outlets
- neighborhood lifestyle, noise level and trash
pickup
- available storage space
- parking
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Security Deposits
(a) Definitions.-
(1) In this section the following words have the
meanings indicated.
(2) "Landlord" means a landlord or a prospective
landlord.
(3) "Security deposit" means any payment of money,
including payment of the last month's rent in advance of
the time it is due, given to a landlord by a tenant in
order to protect the landlord against nonpayment of
rent, damage due to breach of lease, or damage to the
leased premises, common areas, major appliances, and
furnishings.
(4) "Tenant" means a tenant or a prospective tenant.
(b) Maximum amount.-
(1) A landlord may not impose a security deposit in
excess of the equivalent of two months' rent per
dwelling unit, regardless of the number of tenants.
(2) If a landlord charges more than the equivalent of
two months' rent per dwelling unit as a security
deposit, the tenant may recover up to threefold the
extra amount charged, plus reasonable attorney's fees.
(3) An action under this section may be brought at
any time during the tenancy or within two years after
its termination.
(c) Receipt.- The landlord shall give the tenant a
receipt for the security deposit as specified in §
8-203.1 of this subtitle. The receipt may be included in
a written lease.
(d) Maintenance of accounts or certificates of
deposit in financial institutions; sale or transfer of
landlord's interest.-
(1) (i) The landlord shall maintain all security
deposits in federally insured financial institutions, as
defined in § 1-101 of the Financial Institutions
Article, which do business in the State.
(ii) Security deposit accounts shall be maintained in
branches of the financial institutions which are located
within the State and the accounts shall be devoted
exclusively to security deposits and bear interest.
(iii) A security deposit shall be deposited in an
account within 30 days after the landlord receives it.
(iv) The aggregate amount of the accounts shall be
sufficient in amount to equal all security deposits for
which the landlord is liable.
(2) (i) In lieu of the accounts described in
paragraph (1) of this subsection, the landlord may hold
the security deposits in insured certificates of deposit
at branches of federally insured financial institutions,
as defined in § 1-101 of the Financial Institutions
Article, located in the State or in securities issued by
the federal government or the State of Maryland.
(ii) In the aggregate certificates of deposit or
securities shall be sufficient in amount to equal all
security deposits for which the landlord is liable.
(3) In the event of sale or transfer of the
landlord's interest in the leased premises, including
receivership or bankruptcy, the landlord or the
landlord's estate, but not the managing agent or court
appointed receiver, shall remain liable to the tenant
and the transferee for maintenance of the security
deposit as required by law, and the withholding and
return of the security deposit plus interest as required
by law, as to all or any portion of the security deposit
that the landlord fails to deliver to the transferee
together with an accounting showing the amount and date
of the original deposit, the records of the interest
rates applicable to the security deposit, if any, and
the name and last known address of the tenant from whom,
or on whose behalf, the deposit was received.
(4) Any successor in interest is liable to the tenant
for failure to return the security deposit, together
with interest, as provided in this section.
(e) Return of deposit to tenant; interest.-
(1) Within 45 days after the end of the tenancy, the
landlord shall return the security deposit to the tenant
together with simple interest which has accrued in the
amount of 4 percent per annum, less any damages
rightfully withheld.
(2) Interest shall accrue at six-month intervals from
the day the tenant gives the landlord the security
deposit. Interest is not compounded.
(3) Interest shall be payable only on security
deposits of $50 or more.
(4) If the landlord, without a reasonable basis,
fails to return any part of the security deposit, plus
accrued interest, within 45 days after the termination
of the tenancy, the tenant has an action of up to
threefold of the withheld amount, plus reasonable
attorney's fees.
(f) Withholding of deposit - Generally; tenant's
right to be present at inspection of premises.-
(1) (i) The security deposit, or any portion thereof,
may be withheld for unpaid rent, damage due to breach of
lease or for damage by the tenant or the tenant's
family, agents, employees, guests or invitees in excess
of ordinary wear and tear to the leased premises, common
areas, major appliances, and furnishings owned by the
landlord.
(ii) The tenant has the right to be present when the
landlord or the landlord's agent inspects the premises
in order to determine if any damage was done to the
premises, if the tenant notifies the landlord by
certified mail of the tenant's intention to move, the
date of moving, and the tenant's new address.
(iii) The notice to be furnished by the tenant to the
landlord shall be mailed at least 15 days prior to the
date of moving.
(iv) Upon receipt of the notice, the landlord shall
notify the tenant by certified mail of the time and date
when the premises are to be inspected.
(v) 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.
(vi) The tenant shall be advised of the tenant's
rights under this subsection in writing at the time of
the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this
requirement forfeits the right of the landlord to
withhold any part of the security deposit for damages.
(2) The security deposit is not liquidated damages
and may not be forfeited to the landlord for breach of
the rental agreement, except in the amount that the
landlord is actually damaged by the breach.
(3) In calculating damages for lost future rents any
amount of rents received by the landlord for the
premises during the remainder if any, of the tenant's
term, shall reduce the damages by a like amount.
(g) Same - Notice to tenant.-
(1) If any portion of the security deposit is
withheld, the landlord shall present by first-class mail
directed to the last known address of the tenant, within
45 days after the termination of the tenancy, a written
list of the damages claimed under subsection (f) (1) of
this section together with a statement of the cost
actually incurred.
(2) If the landlord fails to comply with this
requirement, the landlord forfeits the right to withhold
any part of the security deposit for damages.
(h) Tenant ejected or evicted or abandoning
premises.-
(1) The provisions of subsections (e) (1) and (4) and
(g) (1) and (2) of this section are inapplicable to a
tenant who has been evicted or ejected for breach of a
condition or covenant of a lease prior to the
termination of the tenancy or who has abandoned the
premises prior to the termination of the tenancy.
(2) (i) A tenant specified in paragraph (1) of this
subsection may demand return of the security deposit by
giving written notice by first-class mail to the
landlord within 45 days of being evicted or ejected or
of abandoning the premises.
(ii) The notice shall specify the tenant's new
address.
(iii) The landlord, within 45 days of receipt of such
notice, shall present, by first-class mail to the
tenant, a written list of the damages claimed under
subsection (f) (1) of this section together with a
statement of the costs actually incurred and shall
return to the tenant the security deposit together with
simple interest which has accrued in the amount of 4
percent per annum, less any damages rightfully withheld.
(3) (i) If a landlord fails to send the list of
damages required by paragraph (2) of this subsection,
the right to withhold any part of the security deposit
for damages is forfeited.
(ii) If a landlord fails to return the security
deposit as required by paragraph (2) of this subsection,
the tenant has an action of up to threefold of the
withheld amount, plus reasonable attorney's fees.
(4) Except to the extent specified, this subsection
may not be interpreted to alter the landlord's duties
under subsections (e) and (g) of this section.
(i) No waiver of section's provisions.- No provision
of this section may be waived in any lease.
[An. Code 1957, art. 21, § 8-213; 1974, ch. 12, § 2;
ch. 476; 1979, ch. 550; 1980, ch. 536; 1994, ch. 3, § 1;
1999, chs. 219, 649; 2000, ch. 61, § 1.]
Back to top These
services are provided by the Guerrieri University Center
Information Desk.
Phone: 410-543-6006 Email:
infodesk@salisbury.edu
Disclaimer:
Salisbury
University is committed to a policy of nondiscrimination
and the achievement of equal housing opportunity. All
housing listed herein is subject to federal and state
fair housing laws, which generally make it illegal to
advertise any preference, limitation, or discrimination
because of race, color, religion, sex, sexual
orientation, disability, marital status, familial status
or national origin or intention to make any such
preference, limitation or discrimination. All persons
are hereby informed that all dwellings advertised are
available on an equal opportunity basis. |
