Landlord-Tenant Law in Maryland
Who, What, Where, When, Why and How Much.
1. Who – Parties and Guarantors – credit and liability, security for tenant and landlord obligations (cash, letters of credits, bonds and third party guarantees); assignments and subleases; limits on guarantees
2. What – Type of Premises: Ground lease, single tenant lease, space lease; “As Is” vs. Landlord work and warranties, repair obligations, compliance with law
3. Where – Carefully identify leased premises – legal descriptions and plats; use of common areas and adjacent properties; right to measure; access and visibility, signage rights; parking rights
4. When – Dates of lease, delivery, and rent commencement (landlord work, permits; other site improvements, third party approvals)
5. Why – Permitted use by tenant and trade names – effect on balance of project, effect on lease assignment and subletting; exclusives and radius restrictions for retail leases (see below)
6. How Much – Base Rent (fixed, CPI, market); Taxes, insurance and other common area costs (over base year or all) – fixed or actual, caps, exclusions; utilities – meter or submeter
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