Maryland Provision Allocation Risks and Setting Forth Insurance Obligations of Both the Landlord and the Tenant

State:
Multi-State
Control #:
US-OL25023
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Word; 
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Description

This office lease provision states that the parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks permitted by law.

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FAQ

Tenants may use rent escrow to force landlords to repair serious or dangerous conditions in the property. If approved by the court, tenants pay rent into an escrow account until a landlord makes repairs. If you have questions, get help.

Landlord Responsibilities Generally: Present the property at the beginning of the tenancy, in clean, safe and sanitary condition, free of vermin and rodents; Keep all areas of the building, grounds, and facilities in a clean, safe and sanitary condition;

Maryland renters have the right to repairs for a variety of potential issues, including things that impact health and safety, unless they caused the issue themselves. After receiving proper notice, a landlord must perform repairs within a ?reasonable? time (usually under 30 days).

(e) (1) Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued in the amount of 3 percent per annum, less any damages rightfully withheld.

(i) If the landlord refuses to make the repairs or correct the conditions, or if after a reasonable time the landlord has failed to do so, the tenant may bring an action of rent escrow to pay rent into court because of the asserted defects or conditions, or the tenant may refuse to pay rent and raise the existence of ...

§8?402. (a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.

(1) The no-subrogation (or implied co-insured) approach (i.e., the ?Sutton Rule?), in which, absent an express agreement to the contrary, a landlord's insurer is precluded from filing a subrogation claim against a negligent tenant because the tenant is presumed to be a co-insured under the landlord's insurance policy; ...

Triple net lease/?NNN? lease This includes maintenance costs such as common area maintenance (CAM), insurance, and property taxes (represented by ?NNN?). Typically, these leases are longer-term and have a lower base rent because the tenant agrees to pay for all operating expenses.

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Maryland Provision Allocation Risks and Setting Forth Insurance Obligations of Both the Landlord and the Tenant