Maryland office lease agreement template

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How Maryland office lease agreement Differ from Other States

  1. Maryland requires specific disclosures about lead paint hazards for buildings constructed before 1978, unlike some states.

  2. Commercial leases in Maryland may have unique local government registration or licensing requirements compared to other states.

  3. Maryland leases must comply with state-specific eviction and security deposit rules not universally applied elsewhere.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease required for office rentals in Maryland?

    A: While not legally required for all terms, a written lease is highly recommended to protect both landlord and tenant rights.

  • Q: What are Maryland’s rules on security deposits in office leases?

    A: Maryland law limits security deposits to two months’ rent and requires landlords to hold deposits in a separate bank account.

  • Q: Are lead paint disclosures mandatory in Maryland office leases?

    A: Yes, for properties built before 1978, Maryland law mandates disclosure of any known lead-based paint hazards to tenants.

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Maryland Office Lease Agreement

This Office Lease Agreement ("Agreement") is made and entered into as of [Date of Signing], by and between [Landlord Legal Name], residing at [Landlord Business Address], hereinafter referred to as "Landlord," and [Tenant Legal Name], residing at [Tenant Business Address], hereinafter referred to as "Tenant."

Property Description

Option A: The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Street Address], Suite/Floor [Suite/Floor Number], in the city of [City], County of [County], State of Maryland, consisting of approximately [Total Rentable Square Footage] square feet (the "Premises"), as outlined on the floor plan attached hereto as Exhibit A.

Option B: The Premises includes the following exclusive-use areas: [List of Exclusive Use Areas]. The Premises also includes access to the following shared/common areas: [List of Shared/Common Areas].

Appurtenant Rights

Option A: Tenant shall have the right to use the following appurtenant rights: parking spaces (specifically [Number] spaces), bathrooms, elevators, conference rooms, loading docks, security features, mailroom. Hours of access to the building shall be [Hours of Access]. Guest and delivery policies are attached as Exhibit B.

Option B: Tenant shall have the right to utilize existing fiber-optic cabling and access to the dedicated server room, subject to Landlord's IT policies. Telecommunications access is the responsibility of the Tenant.

Permitted Use

Option A: The Premises shall be used solely for general office purposes and related business activities in compliance with all applicable federal, state, and local laws, ordinances, and regulations, including Baltimore City/ [Relevant County Name] zoning ordinances.

Option B: Tenant shall not use the Premises for any purpose other than office use, including but not limited to: retail sales, manufacturing, residential living, or the storage of hazardous materials. Illegal business activities are strictly prohibited.

Building Rules and Regulations

Option A: Tenant agrees to comply with the Building Rules and Regulations attached hereto as Exhibit C, as well as all applicable property owners' association rules (if any).

Option B: Tenant shall comply with all applicable Maryland environmental, fire safety, and ADA accessibility requirements for office premises.

Lease Term

Option A: The term of this Lease shall commence on [Start Date] and shall end on [End Date] (the "Lease Term").

Option B: Tenant shall have the option to renew this Lease for an additional term of [Number] years, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the expiration of the initial Lease Term. Rent during the renewal term shall be adjusted to [Rent Adjustment Language].

Option C: Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such occupancy shall be a month-to-month tenancy, subject to all the terms and conditions of this Lease, except that the rent shall be [Percentage]% of the then-current rent. Maryland notice and penalty procedures shall apply.

Option D: Early Termination: Tenant may terminate this lease early subject to [Early Termination Conditions] including but not limited to, compensation and/or governmental actions.

Rent

Option A: The initial base rent for the Premises shall be [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], due on the [Day] day of each month, commencing on [Start Date].

Option B: The rent shall be paid by [Payment Method] to [Payment Address].

Option C: The base rent shall increase annually by [Percentage]% or according to the Consumer Price Index (CPI) for [City/Region].

Option D: A late fee of [Dollar Amount] will be charged for any payment received more than [Number] days after the due date. This late fee is subject to Maryland usury limitations.

Option E: Tenant shall also be responsible for its pro-rata share of property taxes, which is [Percentage]% of the total property taxes for the building. Tenant may be liable for increases in operating expenses or assessments.

Security Deposit

Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord in accordance with Maryland commercial security deposit law.

Option B: Landlord may deduct from the security deposit for any damages to the Premises caused by Tenant (excluding normal wear and tear), unpaid rent, or other sums due under this Lease. Landlord shall return the security deposit, less any deductions, within [Number] days after the termination of this Lease, along with an itemized accounting of any deductions.

Operating Expenses

Option A: Tenant shall be responsible for its pro-rata share of Common Area Maintenance (CAM) charges, which shall be determined as [CAM Calculation Method].

Option B: Tenant shall also be responsible for building management fees, janitorial/cleaning services ([Cleaning Schedule]), trash/recycling removal compliant with Maryland business and environmental standards, HVAC and utility charges ([Meter/Submeter Details]).

Option C: Tenant shall adhere to the building maintenance schedule, with landlord and tenant responsibilities as follows:

Landlord Responsibilities: [List of Landlord Responsibilities] (e.g., HVAC, elevators, fire alarm, IT backbone).

Tenant Responsibilities: [List of Tenant Responsibilities].

Option D: All renovations, improvements, or space modifications are subject to Landlord's prior written approval and must comply with all applicable codes. Landlord may require the involvement of their architect. Maryland lien law disclosure/waiver language will be required.

Tenant Improvement Allowance

Option A: Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount] to be used for improvements to the Premises.

Option B: The scope of work for any tenant improvements shall be subject to Landlord's approval. Tenant's contractors must be licensed and insured in Maryland. Landlord retains approval rights over all aspects of the build-out. Tenant shall build out the premises within [Number] days of approval of the scope of work.

Option C: Upon termination of the lease, Tenant will [Description of Condition Upon Lease Termination, e.g. restore the premises to its original condition, excluding normal wear and tear]. Restoration must comply with ADA, LEED or historic preservation requirements.

Repairs and Maintenance

Option A: Landlord shall be responsible for all structural repairs to the building. Tenant shall be responsible for maintaining the Premises in good condition and repair, except for repairs which are the responsibility of the Landlord.

Option B: Tenant shall promptly report any property damage or safety issues to Landlord. All tenant-installed equipment must comply with building IT/security protocols and insurance policies.

Insurance

Option A: Tenant shall maintain property damage and commercial general liability insurance coverage with limits of not less than [Dollar Amount] per occurrence. Landlord shall maintain insurance coverage for the building.

Option B: Both parties shall maintain business interruption coverage. The parties agree to waive rights of subrogation against each other to the extent covered by insurance. Tenant shall provide Landlord with proof of insurance prior to occupancy.

Compliance with Laws

Option A: Tenant shall comply with all applicable Maryland business licenses, fire safety inspections, sprinkler/backflow device certifications, elevator permits, and pest control regulations.

Move-In and Move-Out

Option A: A move-in inspection shall be conducted prior to Tenant's occupancy. A move-out inspection shall be conducted upon termination of this Lease.

Option B: Tenant shall remove all of its personal property from the Premises upon termination of this Lease. Tenant shall leave the Premises in a clean and orderly condition, free of all debris and rubbish.

Option C: Landlord will provide a punch-list inspection, key and access card tracking, and procedure for removal of improvements and FFE (furniture, fixtures, and equipment). Tenant shall follow restoration standards, including cleaning and addressing normal wear and tear under Maryland law.

Security Deposit Return

Option A: Landlord shall provide Tenant with an itemized statement of any deductions from the security deposit within [Number] days after the termination of this Lease.

Option B: Landlord shall return the remaining balance of the security deposit to Tenant within [Number] days after the termination of this Lease. The dispute process is as follows: [Dispute Process].

Disclosures

Option A: [If the building was constructed prior to 1978, add a lead paint disclosure.] Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards is attached as Exhibit D.

Option B: [If applicable, add radon and asbestos disclosures.] Radon and Asbestos disclosure attached as Exhibit E.

Option C: The presence or absence of sprinkler systems is: [Sprinkler System Present/Absent].

Option D: Tenant has notification rights regarding criminal activity under Maryland law.

Assignment and Subleasing

Option A: Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.

Option B: Any assignment or subletting shall be subject to all of the terms and conditions of this Lease.

Option C: Landlord's consent procedure and Maryland-specific notice provisions shall apply. Successor-in-interest liabilities shall also apply.

Default and Remedies

Option A: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and repossess the Premises in accordance with Maryland law.

Option B: Tenant shall have a cure period of [Number] days to cure any monetary default and [Number] days to cure any non-monetary default.

Option C: Maryland-mandated eviction and repossession processes shall apply. Waiver of jury trial or confession of judgment (with clear conspicuous type and standalone signature block per Maryland Commercial Law) may be included. Landlord has a duty to mitigate damages.

Option D: The prevailing party in any action arising out of this Lease shall be entitled to recover its reasonable attorney's fees and costs.

Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Lease to the extent that such delay or failure is caused by a force majeure event, such as acts of God, war, terrorism, or governmental regulation.

Option B: Casualty/condemnation plans aligned to Maryland eminent domain procedures, disaster recovery requirements, rent abatement, or termination triggers for building-wide impacts shall apply.

Special Clauses

Option A: Tenant agrees to adhere to the following data security protocols: [Data Security Protocols].

Option B: Tenant's network usage shall be subject to Landlord's IT policies.

Option C: Tenant shall maintain the confidentiality of business information in common areas.

Option D: Tenant must adhere to Landlord's signage policy (size, approval, county permit).

Option E: Parking allocation and enforcement will be as follows: [Parking Details].

Notices

Option A: All notices under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email (with acknowledgment of receipt) to the addresses set forth above.

Option B: Maryland’s required form and certified mail/email acknowledgment shall apply.

Governing Law

Option A: This Lease shall be governed by and construed in accordance with the laws of the State of Maryland.

Option B: Venue for any dispute arising out of this Lease shall be in the Circuit Court for [County] County, Maryland. Alternative dispute resolution protocols (negotiation, mediation, arbitration) shall be favored.

Tax Compliance

Option A: Rent is subject to Maryland sales and use tax.

Option B: Tenant shall be responsible for its business personal property tax obligations and shall comply with all landlord/tenant reporting responsibilities.

Option C: Tenant shall file annual business personal property returns as required by Maryland law.

Miscellaneous

Option A: This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Option B: Certifications and estoppel, bankruptcy and creditor rights per Maryland law shall apply. Landlord has right of entry for inspection, repairs, showing to prospective buyers/tenants, and code compliance.

Anti-Discrimination Notice

Option A: Landlord shall comply with all applicable anti-discrimination laws, including the Maryland Human Relations Law.

____________________________

[Landlord Legal Name]

____________________________

[Tenant Legal Name]

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