Maryland Subletting Laws: Rules Every Renter Should Know

If you're considering subletting your rental in Maryland, it's important to know your rights and responsibilities as a tenant. Whether you need to leave temporarily or want to share costs, understanding Maryland's rules on subletting—and how to stay compliant—can make the process smoother for everyone.

Subletting in Maryland: What Does the Law Say?

In Maryland, subletting is generally allowed only if your rental agreement or lease specifically permits it or if you have obtained your landlord's written consent. Maryland Code, Real Property Article § 8-206 does not guarantee a universal right to sublet; this is usually set by your lease.

• Check your lease agreement: Many leases prohibit subletting or require explicit landlord approval.
• Landlord permission is typically required before subletting any part of your unit.
• Without permission, unauthorized subletting could be grounds for eviction or lease termination.

Before moving forward, always review your signed lease and speak with your landlord about your plans to sublet.

How to Request Sublet Permission

If your lease allows subletting with landlord approval, you must formally request it.

• Maryland Attorney General - Landlord-Tenant Guide recommends that your request be in writing, stating who will sublet, for how long, and any other relevant details.
• Include information about your proposed subtenant for transparency.
• Wait for a written response before proceeding with a sublet agreement.

Official Maryland Sublease Forms

• Name: Maryland Sublease Agreement (no official state form number)
  When to use: Any time a tenant wants to sublet their rental unit, and the lease and landlord consent allow it. Example: Jane must relocate for three months and, after written approval from her landlord, signs a sublease agreement to rent her room to Mark.
  Where to find: While Maryland does not provide an official government sublease form, sample templates are available from the Maryland Attorney General's Landlord-Tenant Information page. Ensure any form meets state law and your landlord's requirements.
• Name: Written Request for Sublet Approval (custom letter by tenant)
  When to use: Before subletting, send this to your landlord to gain written permission. Example: You email or mail your landlord explaining your intent to sublet, including details about the subtenant and dates.
  Where to find: No official government template; tenants should draft a letter or email using information from the Maryland Attorney General's site as a guideline.

These forms are essential for protecting your rights and ensuring clear communication with your landlord.

Who Oversees Rental Disputes in Maryland?

The District Court of Maryland manages landlord-tenant disputes, including those related to subleasing, rental payments, and eviction actions.

Key Maryland Subletting Rules for Renters

• Always review your original lease before taking any action.
• Send any sublet request and agreements in writing.
• Get and keep your landlord’s written approval.
• Ensure your subtenant follows all lease terms and building rules.
• You (the original tenant) remain responsible for the rent and damages unless the landlord agrees otherwise.

Staying organized and communicating clearly can prevent common subletting disputes.

What Could Go Wrong Without Proper Permission?

• Landlords may terminate your lease or begin an eviction case if you sublet without consent.
• You could be liable for damages or unpaid rent from your subtenant.
• Your security deposit may be at risk if the subtenant causes damage or violates the lease.

If you’re unsure about your situation, consult with a tenant advocacy group or seek legal advice.

Frequently Asked Questions: Maryland Subletting Rules

1. Is it legal to sublet my apartment in Maryland?
   Subletting is legal only if allowed by your lease and approved by your landlord. Always check your lease and secure written permission first.
2. Does my landlord have to let me sublet?
   No, Maryland law does not require landlords to allow subletting unless your lease specifically grants this right.
3. What should be included in a sublease agreement?
   Your sublease should specify rental terms, payment details, responsibilities, and must comply with your original lease and the landlord's requirements.
4. Who is responsible for rent if my subtenant doesn’t pay?
   The original tenant remains responsible for all rent and damages unless the landlord releases you in writing.
5. Where can I file a complaint if there’s a dispute?
   Major disputes—such as eviction or unpaid rent—are handled by the District Court of Maryland.

Key Takeaways for Maryland Renters

• Always secure your landlord's written approval before subletting.
• Retain all documentation to avoid misunderstandings or disputes.
• You are still liable for rent and property condition unless your landlord releases you in writing.

Careful communication and following the proper process helps protect your rights as a Maryland renter considering subletting.

Need Help? Resources for Renters

• Maryland Attorney General: Landlord-Tenant Rights
• Maryland District Court: Landlord-Tenant Information
• People’s Law Library of Maryland: Landlord and Tenant
• For confidential tenant advocacy, contact Renters United Maryland

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1. Maryland Code, Real Property Article § 8-206. See official text: Rules on subletting in Maryland law
2. Maryland Attorney General’s Office. Landlord-Tenant Rights and Responsibilities resource
3. Maryland District Court: Landlord-Tenant Self-Help Center

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