Maryland 2025 Regular Session

Maryland House Bill HB273 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0273
9	6
10	7		HOUSE BILL 273
11	8		N1 5lr1206
12	9		HB 853/24 – ENT (PRE–FILED)
13	10		By: Delegate Allen
14	11		Requested: October 14, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Environment and Transportation
17		-	Committee Report: Favorable
18		-	House action: Adopted
19		-	Read second time: February 12, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Residential Leases – Late Payment Penalties – Calculation 2
26	20
27	21		FOR the purpose of altering a prohibition concerning the maximum penalty for the late 3
28	22		payment of rent that a landlord may charge in a residential lease to prohibit a 4
29	23		penalty in excess of a certain percentage of the amount of the unpaid rent rather 5
30	24		than of the amount due; and generally relating to residential leases and penalties 6
31	25		for the late payment of rent. 7
32	26
33	27		BY repealing and reenacting, without amendments, 8
34	28		Article – Real Property 9
35	29		Section 8–201 and 8–208(g) 10
36	30		Annotated Code of Maryland 11
37	31		(2023 Replacement Volume and 2024 Supplement) 12
38	32
39	33		BY repealing and reenacting, with amendments, 13
40	34		Article – Real Property 14
41	35		Section 8–208(d)(3) 15
42	36		Annotated Code of Maryland 16
43	37		(2023 Replacement Volume and 2024 Supplement) 17
44	38
45	39		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
46	40		That the Laws of Maryland read as follows: 19
47	41
48		-	Article – Real Property 20 2 HOUSE BILL 273
	42	+	Article – Real Property 20
	43	+
	44	+	8–201. 21
	45	+
	46	+	(a) This subtitle is applicable only to residential leases unless otherwise provided. 22
	47	+	2 HOUSE BILL 273
49	48
50	49
	50	+	(b) This subtitle does not apply to a tenancy arising after the sale of 1
	51	+	owner–occupied residential property where the seller and purchaser agree that the seller 2
	52	+	may remain in possession of the property for a period of not more than 60 days after the 3
	53	+	settlement. 4
51	54
52		-	8–~~201~~. 1
	55	+	8–208. 5
53	56
54		-	(a) ~~This subtitle is applicable only to residential leases unless otherwise provided.~~ 2
	57	+	(d) A landlord may not use a lease or form of lease containing any provision that: 6
55	58
56		-	(b) This subtitle does not apply to a tenancy arising after the sale of 3
57		-	owner–occupied residential property where the seller and purchaser agree that the seller 4
58		-	may remain in possession of the property for a period of not more than 60 days after the 5
59		-	settlement. 6
	59	+	(3) (i) Provides for a penalty for the late payment of rent in excess of 7
	60	+	5% of the amount of UNPAID rent due for the rental period for which the payment was 8
	61	+	delinquent; or 9
60	62
61		-	8–208. 7
	63	+	(ii) In the case of leases under which the rent is paid in weekly rental 10
	64	+	installments, provides for a late penalty of more than $3 per week or a total of no more than 11
	65	+	$12 per month; 12
62	66
63		-	(d) A landlord may not use a lease or form of lease containing any provision that: 8
	67	+	(g) (1) Any lease provision which is prohibited by terms of this section shall be 13
	68	+	unenforceable by the landlord. 14
64	69
65		-	(3) (i) Provides for a penalty for the late payment of rent in excess of 9
66		-	5% of the amount of UNPAID rent due for the rental period for which the payment was 10
67		-	delinquent; or 11
	70	+	(2) If the landlord includes in any lease a provision prohibited by this 15
	71	+	section or made unenforceable by § 8–105 of this title or § 8–203 of this subtitle, at any time 16
	72	+	subsequent to July 1, 1975, and tenders a lease containing such a provision or attempts to 17
	73	+	enforce or makes known to the tenant an intent to enforce any such provision, the tenant 18
	74	+	may recover any actual damages incurred as a reason thereof, including reasonable 19
	75	+	attorney’s fees. 20
68	76
69		-	(ii) In the case of leases under which the rent is paid in weekly rental 12
70		-	installments, provides for a late penalty of more than $3 per week or a total of no more than 13
71		-	$12 per month; 14
	77	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
	78	+	October 1, 2025. 22
72	79
73		-	(g) (1) Any lease provision which is prohibited by terms of this section shall be 15
74		-	unenforceable by the landlord. 16
75		-
76		-	(2) If the landlord includes in any lease a provision prohibited by this 17
77		-	section or made unenforceable by § 8–105 of this title or § 8–203 of this subtitle, at any time 18
78		-	subsequent to July 1, 1975, and tenders a lease containing such a provision or attempts to 19
79		-	enforce or makes known to the tenant an intent to enforce any such provision, the tenant 20
80		-	may recover any actual damages incurred as a reason thereof, including reasonable 21
81		-	attorney’s fees. 22
82		-
83		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
84		-	October 1, 2025. 24
85		-
86		-
87		-
88		-
89		-	Approved:
90		-	________________________________________________________________________________
91		-	Governor.
92		-	________________________________________________________________________________
93		-	Speaker of the House of Delegates.
94		-	________________________________________________________________________________
95		-	President of the Senate.