Cal. Civ. Code § 8-105
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
If the effect of any provision of a lease is to indemnify the landlord, hold the landlord harmless, or preclude or exonerate the landlord from any liability to the tenant, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the landlord on or about the leased premises or any elevators, stairways, hallways, or other appurtenances used in connection with them, and not within the exclusive control of the tenant, the provision is considered to be against public policy and void. An insurer may not claim a right of subrogation by reason of the invalidity of the provision.
Under Maryland Real Property § 8-105, any clause in a residential lease that attempts to shield a landlord from liability for their own negligence, omissions, or other misconduct on or around the leased premises—including shared spaces like hallways, stairways, and elevators—is declared void as against public policy. The rule applies to areas not under the tenant's exclusive control. Additionally, an insurer cannot step into the landlord's shoes to pursue a claim based on such a voided clause.
Plain English — not legal advice.
Property owners and managers operating under Maryland Real Property § 8-105 should be aware that lease clauses designed to waive or limit landlord liability for the landlord's own negligence or misconduct in common areas and shared building spaces are unenforceable as a matter of law. Compliant operators generally avoid drafting or relying on such indemnification or hold-harmless language in their lease agreements. Reviewing lease templates with a qualified attorney to ensure no provisions run afoul of § 8-105 is a practice commonly followed by operators seeking to maintain legally sound agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-105 provides tenants with a meaningful protection: any lease clause that purports to release the landlord from responsibility for their own negligence or misconduct in shared or common areas of the property has no legal force. Tenants who encounter such language in a lease, or who have suffered harm in a common area like a hallway or stairwell, may find this provision relevant to any claim or defense they pursue. Tenant-rights organizations and legal aid services can help explain how § 8-105 may apply to a particular lease or situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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