Cal. Civ. Code § 8-603
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) A provision contained within a residential lease in which a tenant is occupying the space as that tenant’s primary residence which waives a trial by jury shall be invalid and unenforceable. (b) A provision in any lease other than that specified in subsection (a) of this section which waives a trial by jury shall be valid and enforceable.
Under Md. Code Ann., Real Prop. § 8-603, any clause in a residential lease that purports to waive a tenant's right to a jury trial is void and has no legal effect, provided the tenant is using the property as a primary residence. The same waiver language, however, remains valid and enforceable in non-residential or non-primary-residence lease agreements. In short, the rule draws a clear line between residential tenancies and other lease arrangements when it comes to jury-trial rights.
Plain English — not legal advice.
Property owners and managers should be aware that under § 8-603, inserting a jury-trial waiver clause into a residential lease where the tenant occupies the unit as a primary residence does not accomplish its intended purpose — courts will treat that clause as invalid. Compliant operators generally review their standard lease templates to ensure no such waiver language appears in primary-residence agreements, while understanding that the same clause may still be used in commercial or non-primary-residence contexts. Keeping lease forms aligned with this distinction helps avoid relying on an unenforceable provision in any future dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-603 of the Maryland Real Property Code protects tenants who use a leased property as their primary residence by making any jury-trial waiver in their lease unenforceable. If a landlord attempts to invoke such a clause in litigation, a tenant may raise the provision's invalidity as a defense in court. Tenants who encounter this issue can consult a tenant-rights organization or legal aid office to better understand how § 8-603 applies to their lease.
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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