EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0725*
SENATE BILL 725
N1 4lr3023
CF HB 564
By: Senator Benson
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Residential Leases – Renter’s Insurance Requirement 2
FOR the purpose of requiring a residential lease to include a requirement that a tenant 3
hold a renter’s insurance policy; prohibiting a lease from containing certain 4
requirements regarding a renter’s insurance policy; requiring a landlord to acquire 5
a renter’s insurance policy on behalf of a tenant under certain circumstances; and 6
generally relating to a renter’s insurance requirement for residential leases. 7
BY repealing and reenacting, without amendments, 8
Article – Real Property 9
Section 8–201 10
Annotated Code of Maryland 11
(2023 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Real Property 14
Section 8–208 15
Annotated Code of Maryland 16
(2023 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Real Property 20
8–201. 21
(a) This subtitle is applicable only to residential leases unless otherwise provided. 22
(b) This subtitle does not apply to a tenancy arising after the sale of 23
owner–occupied residential property where the seller and purchaser agree that the seller 24 2 SENATE BILL 725
may remain in possession of the property for a period of not more than 60 days after the 1
settlement. 2
8–208. 3
(a) (1) On or after October 1, 1999, any landlord who offers 5 or more dwelling 4
units for rent in the State may not rent a residential dwelling unit without using a written 5
lease. 6
(2) If a landlord fails to comply with paragraph (1) of this subsection, the 7
term of the tenancy is presumed to be 1 year from the date of the tenant’s first occupancy 8
unless the tenant elects to end the tenancy at an earlier date by giving 1 month’s written 9
notice. 10
(b) A landlord who rents using a written lease shall provide, upon written request 11
from any prospective applicant for a lease, a copy of the proposed form of lease in writing, 12
complete in every material detail, except for the date, the name and address of the tenant, 13
the designation of the premises, and the rental rate without requiring execution of the lease 14
or any prior deposit. 15
(c) A lease shall include: 16
(1) A statement that the premises will be made available in a condition 17
permitting habitation, with reasonable safety, if that is the agreement, or if that is not the 18
agreement, a statement of the agreement concerning the condition of the premises; 19
(2) The landlord’s and the tenant’s specific obligations as to heat, gas, 20
electricity, water, and repair of the premises; [and] 21
(3) A receipt for the security deposit as specified in § 8–203.1 of this 22
subtitle; AND 23
(4) A REQUIREMENT THAT A T ENANT MAINTAIN A REN TER’S 24
INSURANCE POLICY COV ERING THE TENANT ’S PERSONAL PROPERTY THAT WILL BE 25
KEPT AT THE RENTAL P ROPERTY. 26
(d) A landlord may not use a lease or form of lease containing any provision that: 27
(1) Has the tenant authorize any person to confess judgment on a claim 28
arising out of the lease; 29
(2) Has the tenant agree to waive or to forego any right or remedy provided 30
by applicable law; 31
SENATE BILL 725 3
(3) (i) Provides for a penalty for the late payment of rent in excess of 1
5% of the amount of rent due for the rental period for which the payment was delinquent; 2
or 3
(ii) In the case of leases under which the rent is paid in weekly rental 4
installments, provides for a late penalty of more than $3 per week or a total of no more than 5
$12 per month; 6
(4) Has the tenant waive the right to a jury trial; 7
(5) Has the tenant agree to a period required for landlord’s notice to quit 8
which is less than that provided by applicable law; provided, however, that neither party is 9
prohibited from agreeing to a longer notice period than that required by applicable law; 10
(6) Authorizes the landlord to take possession of the leased premises, or 11
the tenant’s personal property unless the lease has been terminated by action of the parties 12
or by operation of law, and the personal property has been abandoned by the tenant without 13
the benefit of formal legal process; 14
(7) Is against public policy and void pursuant to § 8–105 of this title; 15
(8) Permits a landlord to commence an eviction proceeding or issue a notice 16
to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant 17
organization with the purpose of negotiating collectively with the landlord; 18
(9) Requires the tenant to accept notice of rent increases under § 8–209 by 19
electronic delivery; [or] 20
(10) (i) Limits the ability of a tenant to summon the assistance of law 21
enforcement or emergency services or penalizes a tenant solely for summoning the 22
assistance of law enforcement or emergency services; or 23
(ii) Penalizes a tenant for the actions of another individual solely 24
because the individual summoned the assistance of law enforcement or emergency services; 25
OR 26
(11) REQUIRES THE TENANT T O MAINTAIN A RENTER ’S INSURANCE 27
POLICY: 28
(I) FROM A PARTICULAR INS URER OR LIST OF INSU RERS; 29
(II) THAT INCLUDES THE LAN DLORD AS A BENEFICIA RY, AN 30
INSURED PARTY , OR AN ADDITIONAL INS URED; OR 31
(III) THAT MEETS A NY OTHER REQUIREMENT S SET BY THE 32
LANDLORD . 33 4 SENATE BILL 725
(e) (1) Except for a lease containing an automatic renewal period of 1 month 1
or less, a lease that contains a provision calling for an automatic renewal of the lease term 2
unless prior notice is given by the party or parties seeking to terminate the lease, shall 3
have the provision distinctly set apart from any other provision of the lease and provide a 4
space for the written acknowledgment of the tenant’s agreement to the automatic renewal 5
provision. 6
(2) An automatic renewal provision that is not specifically accompanied by 7
either the tenant’s initials, signature, or witnessed mark is unenforceable by the landlord. 8
(f) No provision of this section shall be deemed to be a bar to the applicability of 9
supplementary rights afforded by any public local law enacted by the General Assembly or 10
any ordinance or local law enacted by any municipality or political subdivision of this State; 11
provided, however, that no such law can diminish or limit any right or remedy granted 12
under the provisions of this section. 13
(g) (1) Any lease provision which is prohibited by terms of this section shall be 14
unenforceable by the landlord. 15
(2) If the landlord includes in any lease a provision prohibited by this 16
section or made unenforceable by § 8–105 of this title or § 8–203 of this subtitle, at any time 17
subsequent to July 1, 1975, and tenders a lease containing such a provision or attempts to 18
enforce or makes known to the tenant an intent to enforce any such provision, the tenant 19
may recover any actual damages incurred as a reason thereof, including reasonable 20
attorney’s fees. 21
(h) If any word, phrase, clause, sentence, or any part or parts of this section shall 22
be held unconstitutional by any court of competent jurisdiction such unconstitutionality 23
shall not affect the validity of the remaining parts of this section. 24
(I) (1) IF A TENANT FAILS TO COMPLY WITH THE LEAS E REQUIREMENT 25
DESCRIBED UNDER PARA GRAPH (C)(4) OF THIS SECTION , THE LANDLORD SHALL 26
ACQUIRE A RENTER ’S INSURANCE POLICY ON BEHALF OF THE TENANT. 27
(2) A LANDLORD WHO ACQUIRE S A RENTER’S INSURANCE POLICY O N 28
BEHALF OF A TENANT U NDER PARAGRAPH (1) OF THIS SUBSECTION M AY CHARGE 29
THE INSURANCE PREMIU M TO THE TENANT UNTI L THE TENANT ACQUIRE S A 30
RENTER’S INSURANCE POLICY . 31
(3) A LANDLORD MAY NOT BE THE BENEFICIARY , AN INSURED PARTY , 32
OR AN ADDITIONAL INS URED OF A RENTER ’S INSURANCE POLICY A CQUIRED UNDER 33
PARAGRAPH (1) OF THIS SUBSECTION . 34
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 35
October 1, 2024. 36