(a) For the purposes of this section, a “lease option agreement” means any clause in a lease agreement or separate document that confers on the tenant some power, either qualified or unqualified, to purchase the landlord’s interest in the property.
(b) (1) A lease option agreement to purchase improved residential property, with or without a ground rent:
(i) If executed after July 1, 1971, shall contain the following statement in capital letters: “THIS IS NOT A CONTRACT TO BUY.”; and
(ii) If executed on or after July 1, 2018, shall also contain the following statement in capital letters and in close proximity to the tenant’s signature line:
“THIS AGREEMENT IS AN INTEGRAL PART OF YOUR LEASE AND IS GOVERNED BY TITLE 8 OF THE REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND AND A TENANT OR PROSPECTIVE TENANT SHALL HAVE ALL APPLICABLE RIGHTS AND REMEDIES PROVIDED UNDER THAT TITLE.”.
(2) In addition, the agreement shall contain a clear statement of its purpose and effect with respect to the ultimate purchase of the property which is the subject of the lease option.
(c) If a lease option agreement fails to comply with subsection (b) of this section and is otherwise enforceable, the lease, the lease option agreement, or both may be voided at the option of the party that did not draft the lease option agreement.
Structure Maryland Statutes
Subtitle 2 - Residential Leases
Section 8-201 - Applicability of Subtitle
Section 8-202 - Lease Option Agreements
Section 8-203 - Security Deposits
Section 8-203.1 - Security Deposit Receipt
Section 8-204 - Covenant of Quiet Enjoyment
Section 8-205 - Landlord to Give Tenant Receipt
Section 8-205.1 - Payments for Water or Sewer Utility Services to Landlord
Section 8-206 - Retaliatory Evictions in Montgomery County
Section 8-208.1 - Retaliatory Actions
Section 8-208.2 - Retaliatory Actions for Informing Landlord of Lead Poisoning Hazards
Section 8-208.3 - Landlord to Maintain Record of Rent Paid
Section 8-210 - Information to Be Posted or Provided by Landlord
Section 8-211 - Repair of Dangerous Defects; Rent Escrow
Section 8-211.1 - Failure of Lessor to Remove Lead-Based Paint; Rent Escrow
Section 8-212.1 - Liability of Military Personnel Receiving Certain Orders
Section 8-212.2 - Limitation of Liability of a Tenant for Rent
Section 8-212.3 - Deduction From Rent for Utility Payments by Tenant Owed by Landlord
Section 8-213 - Applications for Leases; Deposits
Section 8-214 - Keeping of Household Pets by Elderly Persons in Montgomery County
Section 8-215 - Termination of Lease for Failure to Comply With Applicable Risk Reduction
Section 8-216 - Prohibition on Nonjudicial Evictions by Willful Diminution of Services