WES MOORE, Governor Ch. 290
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Chapter 290
(House Bill 93)
AN ACT concerning
Landlord and Tenant – Termination of Residential Lease – Limitation of
Liability for Rent
FOR the purpose of limiting a tenant’s liability for rent under a residential lease if a
physician, counselor, therapist, or psychologist completes a form specifying that the
tenant has a certain intellectual or developmental disability or mental disorder and
the tenant vacates the leased premises; and generally relating to limitations on
tenant liability for rent under a residential lease.
BY repealing and reenacting, with amendments,
Article – Real Property
Section 8–212.2
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Real Property
8–212.2.
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “DEVELOPMENTAL DISABIL ITY” HAS THE MEANING STATED IN §
7–101 OF THE HEALTH – GENERAL ARTICLE.
(3) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN §
7–101 OF THE HEALTH – GENERAL ARTICLE.
(4) IN THIS SECTION , “MENTAL MENTAL DISORDER” HAS THE
MEANING STATED IN § 10–101 OF THE HEALTH – GENERAL ARTICLE.
(B) This section does not apply to a tenant under a residential lease that contains
a liquidated damages clause or early termination clause that:
(1) Requires written notice to vacate of 1 month or less; and
Ch. 290 2024 LAWS OF MARYLAND
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(2) Imposes liability for rent less than or equal to 2 months’ rent after the
date on which the tenant vacates the leased premises.
[(b)] (C) Subject to subsection [(a)] (B) of this section and notwithstanding any
other provision of this title, if a tenant under a residential lease meets the conditions set
forth in subsection [(c)] (D) of this section, the tenant’s liability for rent under the lease
may not exceed 2 months’ rent after the date on which the tenant vacates the leased
premises.
[(c)] (D) To qualify for the limitation of liability under subsection [(b)] (C) of this
section, the tenant shall provide to the landlord before the tenant vacates the leased
premises:
(1) Subject to the provisions of subsection [(d)] (E) of this section, a written
certification from a physician, THERAPIST, OR PSYCHOLOGIST regarding an individual
who is a named party in, or an authorized occupant under the terms of, the lease that states
in substantially the following form:
“I, (name of physician, THERAPIST, OR PSYCHOLOGIST ), hereby certify that my
patient, (name of patient), is no longer able to live at his or her leased premises, (address
of leased premises), because the patient has a medical condition that:
(1) Substantially restricts the physical mobility of the patient within, or
from entering and exiting, the leased premises; [or]
(2) Requires the patient to move to a home, facility, or institution to obtain
a higher level of care than can be provided at the leased premises; OR
(3) IS AN INTELLECTUAL OR DEVELOPMENTAL DISABI LITY OR A
MENTAL DISORDER AND THE MANAGEMENT OF TH E DISABILITY OR DISO RDER IS
SUBSTANTIALLY LIMITE D BY THE LEASED PREM ISES IS A MENTAL DISORDER THAT:
(I) CAUSES THE CONTINUED HABITATION OF THE LE ASED
PREMISES TO BE UNFEA SIBLE OR UNSUSTAINAB LE FOR THE PATIENT ; OR
(II) REQUIRES THE PATIENT TO MOVE TO A HOME , FACILITY, OR
INSTITUTION TO OBTAI N A HIGHER LEVEL OF CARE THAN CAN BE PRO VIDED AT THE
LEASED PREMISES.
I certify further that the expected duration of the patient’s medical condition will
continue beyond the termination date of the patient’s lease, which the patient states is
(termination date of lease).”; and
(2) A written notice of the termination of the lease stating the date by when
the tenant will vacate the leased premises. WES MOORE, Governor Ch. 290
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[(d)] (E) A certification that is provided to a landlord under subsection [(c)(1)]
(D)(1) of this section shall be:
(1) Written by [a]:
(I) A physician who is licensed by the State Board of Physicians to
practice medicine in the State under Title 14 of the Health Occupations Article; OR
(II) A PROFESSIONAL COUNSEL OR OR THERAPIST WHO IS
LICENSED BY THE STATE BOARD OF PROFESSIONAL COUNSELORS AND
THERAPISTS TO PRACTIC E COUNSELING OR THER APY IN THE STATE UNDER TITLE
17 OF THE HEALTH OCCUPATIONS ARTICLE; OR
(III) A PSYCHOLOGIST WHO IS LICENSED BY THE STATE BOARD
OF EXAMINERS OF PSYCHOLOGISTS TO PRAC TICE PSYCHOLOGY IN T HE STATE
UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE;
(2) Prepared on the letterhead or printed prescription form of the
physician, THERAPIST, OR PSYCHOLOGIST ; and
(3) Signed by the physician, THERAPIST, OR PSYCHOLOGIST .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.