Working
For Justice In Housing
KNOW WHAT’S IN YOUR LEASE-SOME PROVISIONS
MAY BE PROHIBITED
(Real
Property, Section 8-105 and 8-208)
If tenants today rightly or wrongly feel
that leases are one sided contracts in favor of the landlord, they would feel even worse
with leases provisions that were allowed a number of years ago. Since that time, the state has enacted legislation
that would prohibit certain provisions in a residential lease.
- Tenant authorizes any other person to confess judgment on a claim
arising from the lease. Thus, for example, if
a landlord felt that a tenant owed money for physical damage to a property at the end of
the tenancy, the landlord could, by the authority of the lease, simply claim the amount as
a judgment -- even if the tenant contests the situation -- and without having to prove the
claim in court.
- Having a late charge in a
lease which is more than 5% of the amount due for the period which the payment is late. However, where the rent is paid in weekly
installments, a penalty of $3 may be charged for each late payment, up to a maximum of $12
per month. This is a limitation on the amount
of late charge. It does not give the landlord
the right to automatically charge a late charge. It
must be called for in the lease. Also, it is
a one time charge. If January’s rent is
still owing in February, there cannot be a second 5% charge. Please note special provisions for Prince Georges
County.
- Tenant waives his/her right to a jury trial. The right to a jury
trial is an important principle and many tenants may feel that they would get more
sympathy from a jury than from a judge. However,
a jury trial is not used very much in the tenant/landlord relationship. The amount involved must be $5,000. Thus, an alleged breach of lease with seven months
to go at $800 a month would allow for a jury trial. The
tenant, however, would need a lawyer adding additional expenses to an already potentially
expensive situation.
- Tenant agrees to accept a shorter period for notice to quit than
that provided by law. This is a fairly,
frequent occurrence and therefore this is a most useful protection. Both parties, however, can agree to a longer
period.
- Landlord may not take possession of the premises or tenant’s
property without legal process, unless the lease has been terminated by the parties or by
action of law, and the tenant has abandoned his property.
Such a clause is rarely seen in a lease used by a
professional landlord, but on occasion, one sees such a clause. Even so, this is the major concern of tenants who
fall behind in their rent or have a dispute with their landlord. “Can the landlord put my possessions out on
the street at anytime and without going to court?”
We have never had a professional landlord take such action, but there have been a
couple or major companies that send intimidation notices implying that such can happen in
an effort to collect rent. We have had to
call numerous non-professional landlord’s to inform them that they cannot carry out
such a threat. If they do they could be sued
for damages and in some jurisdictions, they could receive a fine.
- A lease provision which is against public policy such as a provision
that holds harmless, or excuses a landlord from liability to a tenant or other person for
any injury or damage caused by negligence or fault of the landlord, or his agents,
relating to any part of the leased premises not within the exclusive control of the
tenant. This type of “hold
harmless” provision is known as an exculpatory clause.
If there is a prohibited lease provision
in a lease, the lease is still valid. The
prohibited provision is not enforceable in court. If
a landlord attempts to enforce or makes known to a tenant his intent to enforce any such
provision, a tenant may recover any actual damage he incurs because of it, including
reasonable attorney’s fees.
Click here to see what Maryland law says about this
issue
Legally Reviewed
- BNI. Last Update - March 2001
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