Maryland Commercial Lease Guide

Commercial Lease Guide for Maryland

A practical, tenant-focused guide to reviewing Maryland commercial leases — not legal advice.

Key Lease Considerations

Maryland leasing is often shaped by county-by-county permitting and inspection processes, which can affect buildout timelines and when rent should start.

This guide helps tenants budget pass-throughs (CAM/NNN), reduce major replacement risk, and protect themselves with clear rent-commencement and permit contingency language.

Major markets

Where we see the most leasing activity.

Baltimore
Bethesda
Rockville
Silver Spring
Columbia

Common lease types

Typical structures and what to watch.

Retail: NNN or modified gross (CAM scope and reconciliations)
Office: full service or modified gross (escalations and after-hours HVAC)
Industrial: NNN (roof, pavement, and loading areas)

Cost drivers

Items that often create surprise bills.

CAM definitions and reconciliations (security, common areas, admin fees)
Permits, inspections, and buildout delays (who pays and when rent starts)
Roof/HVAC/pavement replacement exposure
Utilities allocation and submetering
Insurance requirements and deductible pass-through language

Negotiation checklist

Permit/CO contingency

If your business needs permits, inspections, or a certificate of occupancy, add a contingency so you can delay rent start (or terminate) if approvals aren’t obtained.

Rent commencement tied to usability

Tie rent start to delivery of a usable premises and completion of required landlord work. Avoid paying full rent while the space is still under construction.

CAM transparency + audit rights

Require a CAM budget, annual reconciliation, and audit rights. Exclude capital replacements (or require amortization) and cap management/admin fees.

Repairs vs. replacement clarity

Spell out who pays for replacement of major systems (roof/HVAC/pavement). Negotiate caps or amortization if replacement risk is shifted to the tenant.

Use clause, signage, and exclusives

Make sure your use clause is broad enough to cover future pivots. If signage or exclusives matter, put them in writing with clear remedies.

Default clauses you can survive

Add written notice + cure periods, limit late fees/interest, and avoid acceleration language and unlimited attorney-fee provisions.

Assignment/sublease flexibility

Negotiate reasonable consent standards so you can sell the business, bring in a partner, or relocate without being trapped by the lease.

Official resources

Maryland Business Entity Search (SDAT)Comptroller of Maryland (tax)Maryland SBDC

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

Common Red Flags in Maryland

Commercial real estate in Maryland typically favors the landlord in standard lease drafts. Whether you are in Annapolis or elsewhere, you need to watch out for:

Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
Relocation Clauses: Rights for the landlord to move your business to a worse location.

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Frequently Asked Questions

Are NNN leases common in Maryland?

Yes — many retail and industrial properties are NNN or modified gross. The key is understanding CAM scope and requiring budgets, reconciliation, and audit rights.

What’s the biggest Maryland tenant pitfall besides rent?

Rent starting before the space is usable. Tie rent commencement to buildout completion and required approvals, and use a permit/CO contingency if needed.

How do I avoid a surprise roof or HVAC replacement bill?

Clarify repair vs. replacement in writing and negotiate caps or amortization for capital items. Don’t accept broad “tenant responsible for all maintenance” language without limits.

What should I compare when choosing between two locations?

Compare all-in occupancy cost (rent + nets + utilities) and risk exposure to major replacements and harsh default clauses, plus the timeline to open (permits/buildout).

Does BizLeaseCheck replace legal review?

No. It helps you spot common risks and compare leases quickly, but it’s not legal advice. Use it alongside qualified professional review for your situation.