How to Transfer Your Lease to a New Tenant in Maryland

Changing life circumstances, job relocations, or other needs may require a renter in Maryland to move out before their lease ends. In these cases, you may wish to transfer your lease to someone new. This process is sometimes called a lease assignment or subletting, depending on whether you transfer all or part of your lease responsibilities. It's important to know your rights and obligations under Maryland law before you begin.

Understanding Lease Transfers in Maryland

Transferring a lease usually means assigning your current lease agreement to a new tenant, who takes over your legal responsibilities for the remainder of the term. Maryland law distinguishes between an assignment (new tenant takes over completely) and subletting (you remain responsible while someone else lives there). Check your lease: some leases prohibit assignment or subletting, or require landlord approval.

Is Lease Assignment Allowed?

Under Maryland Code, Real Property §8-101, lease terms may set the conditions for transfer. Unless your lease says otherwise, you need written permission from your landlord to assign or sublet your lease. If your landlord agrees, the process can move forward.

• If your lease says you cannot assign or sublet, you must honor that term.
• If your lease is silent on assignment/subletting, you still need landlord approval before transferring.
• Never assume an oral agreement is sufficient—always get landlord consent in writing!

Process: How to Transfer Your Lease in Maryland

Below is an overview of the standard steps renters should follow when transferring a lease to a new tenant in Maryland:

• Review your current lease for assignment or sublease clauses.
• Discuss your situation with the landlord or property manager. Explain your intent and ask for permission.
• If the landlord agrees, identify a new tenant. The landlord may require them to apply and pass screening (background/credit checks).
• Complete all required paperwork with the landlord and new tenant. This often includes an Assignment of Lease form or Sublease form.
• Ensure all parties sign the agreement—keep copies!

Official Lease Transfer and Subletting Forms

• No state-mandated Assignment of Lease Form: Maryland does not provide a universal assignment or sublease form. Many landlords or property management companies offer their own versions. Always use an official form supplied by your landlord or request a sample from your local housing office.
• If you need an example, the Maryland Attorney General's Consumer Protection Division provides general guidance on residential leases.

For instance, "Jane found a new job in another state. She contacted her landlord, who required the new tenant to complete a rental application and sign an assignment agreement provided by the landlord. The landlord approved the new tenant, Jane signed the assignment form, and responsibility was legally transferred."

What Are Your Rights and Responsibilities?

If you legally transfer your lease, you should:

• Confirm all agreements are in writing and signed by all parties.
• Ensure the new tenant understands and agrees to all terms of the original lease.
• Understand that until a full assignment is completed, you may remain liable for the rental payments under the original lease.

Maryland Housing Tribunal

If disputes arise—for example, if the landlord unreasonably withholds consent to transfer—you may contact the District Court of Maryland (Landlord/Tenant Division), the official tribunal handling residential tenancy matters. For advice, visit the Maryland Courts Landlord-Tenant Help page.

Maryland's primary law governing lease transfers and tenant rights is the Maryland Code, Real Property, Title 8.

FAQs about Lease Transfers for Maryland Renters

1. Can I transfer my lease to someone else without my landlord's permission?
   Typically, no. Most leases require landlord approval for assignments or sublets. Always check your lease and obtain written consent.
2. Does Maryland provide an official form for lease assignments?
   No. Use the landlord's form or draft a written agreement. You can reference general guidelines through the Maryland Attorney General's Office.
3. If I assign my lease, am I still responsible for rent?
   If properly assigned with landlord approval, the new tenant becomes responsible. However, always clarify liability with your landlord and confirm in writing.
4. What if my landlord unreasonably refuses my request to transfer the lease?
   You can seek advice or assistance from the Maryland Courts or a tenant advocacy group.
5. Does subletting mean the same as lease assignment?
   No. In subletting, you remain legally responsible for the lease while another person lives there. In a lease assignment, the new tenant takes on full responsibility.

Key Takeaways

• Always check your lease agreement for assignment or subletting clauses before seeking a transfer.
• Written permission from your landlord is usually required in Maryland.
• No state-issued forms; use your landlord's paperwork and keep signed documentation of all agreements.

With open communication, documented agreements, and an understanding of state law, transferring your lease in Maryland can be a smooth process.

Need Help? Resources for Renters

• Maryland Attorney General Consumer Protection Division – Landlord-Tenant Rights: 1-410-528-8662
• Maryland Judiciary Legal Help: Landlord-Tenant Issues
• Maryland Department of Housing and Community Development
• Maryland District Court (Landlord/Tenant Complaints)

---

1. Maryland Code, Real Property §8-101
2. Maryland Attorney General – Landlord-Tenant
3. Maryland Courts – Landlord-Tenant Legal Help
4. Maryland Department of Housing and Community Development

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations