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Session Laws, 1976
Volume 734, Page 2182   View pdf image
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2182

LAWS OF MARYLAND

Ch. 789

FOR the purpose of prohibiting the inclusion of certain
provisions in a residential lease; and correcting
language.

BY repealing and reenacting, with amendments,

Article — Real Property

Section 3-208 (a)

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 8-208 (a) of Article - Real
Property, of the Annotated Code of Maryland (1974 Volume
and 1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article — Real Property

8-208.

(a) [No] A lease [shall] MAY NOT contain any of the
following provisions:

(1)  A provision whereby the tenant authorizes any
person to confess judgment on a claim arising out of the
lease.

(2)  A provision whereby the tenant agrees to waive
or to forego any right or remedy provided by applicable
law.

(3)  A provision providing for a penalty for the late
payment of rent in excess of 5% of the amount of rent due
for the rental period for which the payment was
delinquent. In the case of leases under which the rent
is paid in weekly rental installments a penalty of $5 may
be charged for the late payment of rent. However, such
late penalties shall constitute, in the aggregate, no
more than $10 per month.

(4)  Any provision whereby the tenant waives his
right to a jury trial.

(5)   Any provision whereby the tenant agrees to a
period required for landlord's notice to quit less than
that provided by applicable law; provided, however, that
neither party is prohibited hereby from agreeing to a
longer notice period than that required by applicable
law.

(6)  Any provision authorizing the landlord to take
possession of the leased premises, or the tenant's
personal property therein unless the lease has been
terminated by action of the parties or by operation of
law, and such personal property has been abandoned by the

 

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Session Laws, 1976
Volume 734, Page 2182   View pdf image
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