§ 18.04.010. Lease agreements—Required terms.

A.

Subject to any public general State laws to the contrary, including, but not limited, to the real property article of the Annotated Code of Maryland, this chapter shall regulate and determine legal rights, remedies and obligations of the parties and beneficiaries of any rental agreement, concerning any dwelling unit for which an operating license is required under Section 17.44.010 of this code. Any written rental agreement shall be unenforceable in the City of Annapolis insofar as any provisions thereof conflict with any provision of this chapter. Such unenforceability shall not affect other provisions of the agreement which can be given effect without such unenforceable provision.

B.

All leases or agreements for the occupancy of a dwelling unit for which an operating license is required under Section 17.44.010 of this code shall be offered, in written form, for a minimum initial term of one year to be accepted at the prospective tenant's option, unless a reasonable cause exists for offering an initial term of less than one year.

1.

For purposes of this subsection, reasonable cause shall mean those situations which would create undue hardships or expense for a landlord to enter into a one-year lease. Such situations may include, but not be limited to, the sale of a dwelling unit with settlement to occur within a one-year period, a bona fide contract to sell within a one-year period or a planned conversion to condominium or cooperative within a one-year period.

2.

The landlord shall include the following statement on all lease agreements insuring that it is properly initialed by the prospective tenant and, if an addendum to a written lease, that it is signed and dated by the parties:

The law of the City of Annapolis requires landlords, unless there is reasonable cause otherwise, to offer all prospective tenants lease agreements for initial terms of one year. Such an offer may be accepted at the option of the prospective tenant. Prior to entering this lease, the tenant hereby acknowledges that (initial and date one option below):

 A. I was offered and accepted a one-year lease term by the landlord.

 B. I was offered but rejected a one-year lease term by the landlord.

 C. I received a copy of a written statement in which the landlord asserts and explains a reasonable cause for failing to offer me a one-year initial lease term and was advised of my rights to challenge such statement by filing a complaint with the Department of Planning and Zoning.

3.

Providers of temporary and emergency shelters, including those shelters managed by religious organizations, are specifically exempt from the operation of this chapter.

C.

All leases or agreements for the occupancy of a dwelling unit for which an operating license is required under Section 17.44.010 of this code shall be bound by and include the following statement which cannot be waived by either party:

 The Code of the City of Annapolis requires that leases offered to prospective tenants specify that all maintenance, including repairs and replacements due to normal wear and tear, but not including those resulting from negligence or deliberate damage by the tenant, is the responsibility of the Landlord who shall arrange for maintenance in a timely manner. As a minimum, leased units must be maintained in full compliance with the residential housing standards as enumerated in Chapter 17.40 of the Code of the City of Annapolis and applicable provisions of the Annotated Code of Maryland. Repairs of dangerous defects by the Landlord are subject to Section 8-211 of the Real Property Article of the Annotated Code of Maryland. All maintenance, repairs or replacements resulting from negligence or deliberate damage by the Tenant is entirely the responsibility of the Tenant. At the Landlord's option, the Tenant may be required to arrange for appropriate repairs, and pay for such repairs directly to the contractor.

D.

When the landlord presents a potential or signed lease or agreement to the prospective or actual tenant, the landlord shall also provide the most recent copy of a booklet prepared by the Director of Planning and Zoning explaining the rights of the tenant and who to contact for assistance in landlord-tenant relations.

(Ord. O-7-06 § 1 (part), 2006; Ord. O-26-03 § 1 (part): Ord. O-65-87 § 1)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)