Residential Lease Agreement For Anne Arundel County (Page 2 of 8) in pdf

13. TRUTHFULNESS OF RENTAL APPLICATION:

Tenant represents and warrants that the statements made on the Rental Application for this

Lease are true and complete in all material respects. Tenant acknowledges that all representations on the Application are material representations that have

been relied upon by the Landlord as an inducement to the rent the Premises to the Tenant. If any representation made by Tenant in the Application is false

or misleading as to any material fact, Landlord shall have the right to terminate this Lease, to hold Tenant liable for any and all damages to the Premises, to

exercise all legal and equitable rights and remedies, and to recover reasonable attorney’s fees and costs. Tenant shall provide Landlord or Landlord’s

Agent with current home and work telephone numbers at start of Lease and at any time during this Lease that such numbers change.

14. SECURITY DEPOSIT NOTICE AND RECEIPT:

The Tenant shall, upon execution of this Lease, deposit with the Landlord the sum indicated

above

], which shall not exceed two months rent, to be held in an escrow account to ensure full compliance by Tenant of all provisions of this

[See Section 7

Lease, including but not limited to Tenant obligations with respect to damages caused by the Tenant, Tenant's family, agents, employees, guests, other

invitees or pets. The Landlord hereby acknowledges receiving from the Tenant payment of the Security Deposit referred to in Section 7. Within 30 days

after Landlord receives the security deposit, the Landlord shall deposit the funds into an interest bearing account devoted exclusively to security deposits,

and thereafter maintain the security deposit in a federally insured financial institution that does business in the State of Maryland.

At the end of the tenancy, the security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by

the Tenant or the Tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major

appliances, and furnishings owned by the Landlord. The Tenant is hereby advised that Tenant has the right to be present when the Landlord or the Land-

lord's agent inspects the premises in order to determine if any damage was done to the premises, if the Tenant notifies the Landlord by certified mail of the

Tenant's intention to move, the date of moving, and the Tenant's new address. The notice to be furnished by the Tenant to the Landlord shall be mailed at

least 15 days prior to the date of moving. Upon receipt of the Tenant’s notice, the Landlord shall notify the Tenant by certified mail of the time and date when

the premises are to be inspected. The date of inspection shall occur within five days before or five days after the date of moving as designated in the Ten-

ant's notice. Failure by the Landlord to comply with this requirement forfeits the right of the Landlord to withhold any part of the security deposit for damages,

although Landlord may retain the right to pursue other legal remedies against the Tenant. The Landlord’s application of the Security Deposit shall not be the

Landlord’s sole remedy in the event of the Tenant’s default if the costs of repairs, replacements or other damages exceed the Security Deposit, the Tenant

shall pay for such excess costs. During the tenancy, the Tenant may not use the Security Deposit for any payment of rent or other obligations, and the

Tenant shall not use the Security Deposit as the last month's rent.

The security deposit is not liquidated damages and may not be forfeited to the Landlord for breach of the rental agreement, except in the amount that the

Landlord is actually damaged by the Tenant’s breach. In calculating damages for lost future rents any amount of rents received by the Landlord for the

premises during the remainder if any, of the Tenant's term, shall reduce the damages by a like amount.

If Landlord withholds any portion of the security deposit for damages as described above, the Landlord must present by first-class mail directed to the last

known address of the Tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed by Landlord together with a statement

of the cost actually incurred. If the Landlord fails to comply with this requirement, the Landlord forfeits the right to withhold any part of the security deposit for

damages.

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. Interest shall accrue at six-month intervals from the day the Tenant gives the

Landlord the security deposit. Interest is not compounded. Interest shall be payable only on security deposits of $50 or more. If the Landlord, without a

reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the Tenant has an

action for up to threefold of the withheld amount, plus reasonable attorney's fees.

If any security deposit is paid by Tenant [See Section 7], Tenant is hereby notified of the following:

(1) At the commencement of the tenancy, if the Tenant specifically requests by certified mail within 15 days of the Tenant's occupancy, the Tenant has right

to have the dwelling unit inspected by the Landlord in the Tenant's presence for the purpose of making a written list of damages that exist at the commence-

ment of the tenancy;

(2) At the conclusion of the tenancy, if the Tenant notifies the Landlord by certified mail at least 15 days prior to the date of the Tenant's intended move, of

the Tenant's intention to move, the date of moving, and the Tenant's new address, the Tenant has the right to be present when the Landlord inspects the

premises in order to determine if any damage was done to the premises; if Tenant provides such notice, the Landlord has the obligation to conduct the final

move-out inspection within 5 days before or after the Tenant's stated date of intended moving, and the Landlord has an obligation to notify the Tenant in

writing, by certified mail, of the date and time of the final move-out inspection;

(3) The Tenant has a right to receive, by first class mail, delivered to the last known address of the Tenant, a written list of the charges against the security

deposit claimed by the Landlord and the actual costs, within 45 days after the termination of the tenancy;

(4) The Landlord has an obligation to return any unused portion of the security deposit, by first class mail, ad-

This Page Included. Please Initial:

Tenant___________ / ____________

Anne Arundel County Association Of Realtors® 9/05 Form #R-1071R

Landlord_________ / ____________

For Use only by members of the Realtor® Association