Cal. Civ. Code § 8-204
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) This section is applicable only to single or multi-family dwelling units. (b) A landlord shall assure the tenant that the tenant, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease. (c) If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, the rent payable under the lease shall abate until possession is delivered. The tenant, on written notice to the landlord before possession is delivered, may terminate, cancel, and rescind the lease. (d) On termination of the lease under this section, the landlord is liable to the tenant for all money or property given as prepaid rent, deposit, or security. (e) If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, whether or not the lease is terminated under this section, the landlord is liable to the tenant for consequential damages actually suffered by the tenant subsequent to the tenant’s giving notice to the landlord of the tenant’s inability to enter on the leased premises. (f) The landlord may bring an action of eviction and damages against any tenant holding over after the end of the tenant’s term even though the landlord has entered into a lease with another tenant, and the landlord may join the new tenant as a party to the action.
Maryland Real Property § 8-204 governs what happens when a landlord cannot deliver possession of a rental unit at the start of a lease term. Under this provision, rent stops accruing until the tenant actually receives access, and the tenant may cancel the lease entirely by giving written notice before possession is delivered. If the lease is cancelled, the landlord must return all prepaid rent, deposits, and security funds, and regardless of whether the lease is cancelled, the landlord may be held liable for consequential damages the tenant actually suffers after notifying the landlord of the access problem. The provision also allows a landlord to pursue eviction and damages against a holdover tenant even when a new lease with an incoming tenant has already been signed.
Plain English — not legal advice.
Under Md. Real Prop. § 8-204, operators of single- and multi-family rental properties are generally expected to ensure that an incoming tenant can peacefully take possession of the unit on the first day of the lease term. Compliant property managers typically confirm well in advance that any prior occupant has vacated, that the unit is accessible, and that keys or access credentials are ready for delivery on the lease start date. When a holdover situation does arise, § 8-204(f) provides a mechanism to pursue eviction and damages against the holdover tenant, and landlords in that situation may join the incoming tenant as a party to that action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-204 gives tenants meaningful protections when a landlord fails to deliver possession of a unit at the start of a lease. If access is not provided on time, rent under the lease does not begin to accrue until possession is actually delivered, and a tenant who sends written notice to the landlord before possession is delivered may cancel the lease and recover all prepaid rent, deposits, and security funds. Tenants who suffer out-of-pocket losses—such as temporary housing costs—as a result of the delay may also have a claim for consequential damages under § 8-204(e); tenant-rights organizations or legal aid offices can help explain what documentation and notice steps are generally associated with pursuing such claims.
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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