Subleases
A sublease occurs when a tenant leases all or part of the premises to another person for less than their remaining lease term.
- Unless the lease specifies otherwise, tenants may sublet without landlord permission. However, landlords may restrict subletting if explicitly stated in the lease. For example, a lease may include a provision requiring written consent from the landlord to sublease.
- Restrictions may be waived if the landlord knowingly permits a sublease without objection. For example, if a lease prohibits subleases, the lease is not violated if a tenant sublets the premises with landlord’s knowledge and consent.
- If consent is required, landlords may not unreasonably withhold it. Valid objections include concerns about the subtenant's ability to pay rent or intended use of the premises.
In any sublease, the original tenant remains responsible to the landlord, and the subtenant must comply with the sublease terms. The subtenant is generally responsible for knowing and complying with the original lease provisions.
Read the cases: Julian v. Christopher, 320 Md. 1 (Court of Appeals 1990); Italian Fisherman, Inc. v. Middlemas, 313 Md. 156 (Court of Appeals 1988)
Roomers
A “roomer” is an individual who receives lodging (but not meals) from a household in exchange for compensation. Relatives aged 60 or older, or those who are disabled, may also qualify as roomers.
Read the regulation: Code of Md. Regulations 07.03.21.02
Generally, roomers lack a landlord-tenant relationship with the proprietor. They do not have exclusive possession rights, and the proprietor retains general control over the premises.
Local laws and zoning codes may provide additional protections and/or regulations regarding roomers and rooming houses. Learn more about local housing laws.