Maryland Laws
Requirement to Record: An option to purchase is not legally required to be recorded but must be recorded in order to legally establish notice to third parties.[1]
Expiration: Constructive notice expires when: The option itself expires; one year has lapsed since that expiration; and the option has not been exercised.[2]
Maximum Term: State law does not set a maximum term for a residential lease with an option to purchase.
No Duration: If no duration is specifically included for the option itself, the option will expire automatically when the lease ends.
Signing Requirements: Must be in writing and signed by the seller.[3]
Required Disclosures (6)
1. Agent/Landlord Identification – The name and contact details of the landlord or an authorized agent must be either included in the lease agreement or posted somewhere visible.[4]
2. Lead-Based Paint Disclosure & EPA Pamphlet – If the property was built before 1978, then the tenant must be made aware of the possibility of the presence of lead-based paint.
3. Security Deposit Receipt – A landlord must provide a tenant with a receipt for their security deposit.[5][6]
4. Move-in/Move-out Checklist – This is used to determine how much of the security deposit will be used to cover the cost of damages and repairs to the property and must be provided to the tenant before move-in.[7]
5. Habitability – Landlords must commit in writing to keep the property habitable and must disclose both their and the tenant’s obligations pertaining to heat, gas, electricity, water, and repairs.[8]
6. Ratio Utility Billing System (RUBS) Disclosure – Landlords must disclose the way in which billing for utilities is handled if the utilities are shared by multiple tenants.[9]