Key definitions include: 'Building and housing codes' means ordinances enacted for public health safety or welfare relating to construction and maintenance of buildings. 'Dwelling unit' means any structure or part of a structure used as a home or residence by one or more persons. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or building. 'Rent' means the consideration specified in the lease or agreed upon between landlord and tenant for use of the dwelling unit. 'Rental facility' means a building containing one or more dwelling units rented or offered for rent. 'Security deposit' means a payment by a tenant to a landlord to be held by the landlord to secure performance of the tenant's obligations. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
A periodic tenancy from year to year requires three months' written notice to terminate. A periodic tenancy from month to month requires one month's written notice to terminate. If a tenant holds over after the expiration of a term of more than one week, the landlord may treat the tenant as a trespasser or may elect to treat the tenant as a tenant from month to month or, if rent is reserved on a yearly basis, from year to year. Notice to terminate a month-to-month tenancy must be given at least one month before the expiration of the term.
A lease may not contain a provision: (1) by which the tenant agrees to waive or forgo any rights or remedies granted under this title; (2) by which the tenant agrees to exculpate or limit the liability of a landlord for any injury to persons or property; (3) by which the tenant authorizes any person to confess judgment against the tenant in any action arising from the lease; (4) requiring the tenant to pay attorney's fees; (5) permitting the landlord to terminate the tenancy for a reason other than failure to pay rent without requiring prior written notice specifying grounds for termination. Any such provision is void. A landlord who uses a lease containing prohibited provisions is liable to the tenant for actual damages plus reasonable attorney's fees.
A landlord may not require a security deposit in excess of two months' rent. Upon receipt of a security deposit the landlord shall provide the tenant with a receipt indicating the amount of the deposit, the name of the person receiving it, the date received, and a description of the leased premises. If the landlord willfully fails to provide the required receipt, the tenant may bring an action to recover the security deposit. The landlord shall maintain the security deposit in a federally insured interest-bearing account in a Maryland financial institution, or provide a surety bond.
A landlord shall pay interest on a security deposit held for more than six months. Interest accrues from the date the deposit is received. The rate of interest is the daily U.S. Treasury yield curve rate for one-year Treasury securities, as published by the Federal Reserve, rounded to the nearest whole percentage. Interest is computed as simple interest and is payable at the termination of the tenancy.
The landlord shall return the security deposit plus accrued interest, less any damages rightfully withheld, within 45 days after the termination of the tenancy. The landlord must provide the tenant with a written itemized list of damages and the costs for repairing each item. If the landlord fails to return the deposit within 45 days without a written explanation, or wrongfully withholds any portion of the deposit, the landlord is liable to the tenant for up to three times the withheld amount plus reasonable attorney's fees. The tenant must give the landlord a forwarding address in writing. If the tenant fails to provide a forwarding address, the 45-day period does not begin to run until the address is provided.
A landlord who collects a security deposit from a residential tenant shall provide the tenant with a written checklist or statement of condition of the rental unit at the beginning of the tenancy. The checklist must itemize the condition of all aspects of the unit including walls, floors, ceilings, appliances, and other items. The landlord and tenant shall each sign the checklist. If the landlord fails to provide a checklist, the landlord may not withhold any portion of the security deposit for damages.
Upon request of a tenant who pays in cash or money order, a landlord shall provide a written receipt stating the amount of rent paid, the period for which it was paid, and the rental unit to which it applies. Failure to provide a receipt upon request entitles the tenant to withhold rent until the receipt is provided.
If a landlord fails to repair or eliminate a condition that constitutes a substantial and serious threat to the life, health, or safety of occupants after written notice and a reasonable time to repair, a tenant may pay rent into court escrow. The tenant must file a complaint in District Court. The court may order the rent held in escrow until repairs are made, release funds to the tenant for repairs, reduce rent, or terminate the lease. The court shall dismiss the complaint if the landlord shows the condition was caused by the tenant, the tenant refused access for repairs, or the condition does not constitute a substantial and serious threat.
If a landlord fails to make a repair that is required to maintain the dwelling unit in a fit and habitable condition, and the failure to repair constitutes a substantial and serious threat to the life, health or safety of occupants, a tenant may make or have made the repair and deduct the cost from the rent, not to exceed one month's rent. The tenant must first give the landlord written notice and a reasonable time to make the repair. The right to repair and deduct may not be exercised more than twice in any twelve-month period.
A landlord shall: (1) maintain the dwelling unit in a safe and sanitary condition; (2) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities and appliances supplied by the landlord; (3) maintain all common areas of the building or premises in a clean and safe condition; (4) comply with all applicable housing codes materially affecting health and safety; (5) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste. The tenant may not waive the landlord's obligations under this section.
A landlord may enter a dwelling unit only: (1) with the consent of the tenant; (2) in case of emergency; (3) to make repairs, alterations, or improvements, or to inspect the premises, or to show the unit to prospective tenants, purchasers, or mortgage holders, after giving the tenant reasonable notice, generally at least 24 hours advance notice except in emergencies. A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent to enter for repairs, alterations, or inspections.
A landlord may not retaliate against a tenant by increasing rent, decreasing services, or bringing or threatening to bring an eviction action because: (1) the tenant has complained to a governmental agency about a housing code violation; (2) the tenant has complained to the landlord about a condition materially affecting health or safety; (3) the tenant has organized or joined a tenants' union; or (4) the tenant has exercised any right under this subtitle. A tenant raising retaliatory eviction as a defense must prove a causal connection between the protected activity and the landlord's action. A complaint filed within six months of a protected activity creates a rebuttable presumption of retaliation.
A landlord renting a dwelling unit constructed before 1978 shall comply with all applicable federal and state lead paint disclosure requirements. Under Maryland law, landlords of pre-1978 rental properties must register with the Maryland Department of the Environment (MDE), provide tenants with required lead hazard information and pamphlets, and conduct risk reduction treatments before each new tenancy. Failure to comply with lead paint requirements may result in civil liability and forfeiture of rent.
The remedy of distress for rent is abolished. A landlord may not seize or hold the personal property of a tenant in lieu of rent.
If a tenant holds over after the expiration or termination of the term of a lease, the landlord may bring an action in District Court for possession. The landlord may also bring an action for rent owed for the period the tenant held over. If a residential tenant holds over and the tenancy was not for a fixed term, the landlord must provide the required notice to terminate before bringing an action for possession.
A landlord may bring a summary ejectment action in District Court for failure to pay rent. The landlord must file a complaint and the court will schedule a hearing within five business days of service. If the tenant fails to appear, the court may enter judgment by default. If the tenant appears, the court must hold a hearing. The tenant may assert as a defense that the rent is not due, that repairs have been made and any withheld rent should be credited, or any other lawful defense. If judgment is entered for the landlord, the court shall issue a warrant of restitution which may be stayed for up to four days to allow the tenant to pay all rent owed, court costs, and attorney's fees.
A landlord may bring an action for wrongful detainer or breach of lease in District Court. For a breach of lease other than failure to pay rent, the landlord must provide the tenant with written notice specifying the breach and allowing a reasonable time to cure — generally 30 days — before filing suit. The court shall schedule a hearing not less than five nor more than fifteen days after the service of process. If the court finds that the tenant has breached the lease and has failed to cure, the court may order ejectment.
Notwithstanding section 8-402, if a tenant or the tenant's guest substantially and imminently threatens the health or safety of other tenants or of the landlord or the landlord's agents, the landlord may bring an action for breach of lease immediately without providing the tenant an opportunity to cure. The landlord must specify in the complaint the acts constituting the substantial and imminent danger.
A landlord may bring an action to evict a tenant without providing an opportunity to cure if the tenant or a person residing in or regularly on the premises engages in: (1) drug-related criminal activity on or near the premises; (2) violent criminal activity on or near the premises; (3) criminal activity that threatens the health, safety, or right to peaceful enjoyment by other tenants or neighbors. This section applies whether or not charges have been filed or the tenant has been convicted.
If a tenant knows that a person residing in the dwelling unit has engaged or is engaging in criminal activity that constitutes a ground for eviction under section 8-402.2, the landlord may terminate the tenancy regardless of whether the tenant participated in or had control over the criminal activity.
After entry of a judgment for possession, the court shall issue a warrant of restitution directing the sheriff or constable to remove the tenant and the tenant's possessions from the premises. The warrant may be stayed by the court for good cause. A warrant of restitution shall be void if not executed within 60 days after issuance. A tenant may appeal a judgment for possession to the Circuit Court, which shall stay execution during the pendency of the appeal if the tenant pays all rent due and continues to pay rent as it comes due.
A landlord who evicts a tenant shall allow the tenant or the tenant's authorized representative reasonable opportunity to remove personal property from the premises. If the tenant fails to remove personal property within a reasonable time after eviction, the landlord may dispose of the property. The landlord is not required to store the property. The landlord shall make reasonable efforts to notify the tenant of the location of the property.
A tenant may withhold rent if: (1) a dwelling unit is in a condition that constitutes a substantial and serious threat to the life, health, or safety of occupants; (2) the landlord has received written notice of the condition and a reasonable time has passed without repairs; and (3) the condition was not caused by the tenant. A tenant who withholds rent must pay into court escrow the portion of rent withheld and file a complaint. Alternatively, a tenant may use the rent escrow procedure under section 8-211.1.
No landlord shall refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable any dwelling unit to any person because of race, color, religion, sex, national origin, marital status, physical or mental disability, sexual orientation, or gender identity. No landlord shall advertise any limitation or preference in the rental of a dwelling unit based on any of these characteristics. Violations are subject to civil action and the Maryland Commission on Civil Rights has authority to investigate complaints. These protections apply in addition to and not in lieu of applicable federal fair housing law.
Effective October 1 2020 Maryland law prohibits landlords from refusing to rent or making housing unavailable to any person solely because of a lawful source of income, including housing choice vouchers, veterans' benefits, Social Security, supplemental security income, or any other form of lawful income including a housing subsidy or rental assistance program administered by a federal, state, or local government agency. Local jurisdictions may enact ordinances providing additional protections.
A tenant who is a victim of domestic violence, sexual assault, or stalking may terminate a rental agreement without penalty upon providing the landlord with written notice and documentation of the qualifying event, such as a protective order, police report, or court record. The tenant must give at least 30 days' written notice. The landlord may not disclose any information provided by a tenant under this section. The tenant's liability for rent is limited to the 30-day notice period.
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Effective: or stalking may terminate their lease on 30 days' notice with supporting documentation; landlord may not disclose the tenant's information.
If a tenant abandons personal property on the premises after vacating, the landlord shall make reasonable efforts to notify the tenant. The landlord may dispose of the abandoned property after providing the tenant written notice and waiting a reasonable period. The landlord is not liable for disposal of property if proper notice was given and a reasonable time elapsed.
A landlord who rents a dwelling unit for a term of more than one year shall provide a written lease. The lease shall include at minimum: the names of the landlord and tenant; the address of the premises; the amount of rent; the payment due date; the duration of the tenancy; the amount of any security deposit; the landlord's name, address, and telephone number; and the name and address of the person authorized to manage the premises or to receive service of process on behalf of the landlord. Oral leases for terms of one year or less are enforceable.
A landlord shall disclose in writing to the tenant at the commencement of the tenancy the name, address, and telephone number of: (1) all persons authorized to manage the premises; and (2) all persons authorized to receive service of process, notices, and demands on behalf of the landlord. If the landlord fails to disclose this information and a tenant gives notice or pays rent to the disclosed manager or agent, the notice or payment is effective.
Under the Maryland Reduction of Lead Risk in Housing Act, a landlord of an affected property — any dwelling built before 1950, and certain pre-1978 dwellings — must register the property with the Maryland Department of the Environment (MDE) and pay an annual registration fee. Before each new tenancy the landlord must perform risk reduction treatments and provide a tenant with a Notice of Tenant Rights, an Acknowledgement of Receipt of Information, and a copy of the MDE pamphlet. The landlord must also offer a free blood-lead test to children under six residing in an affected property. Failure to comply limits the landlord's access to certain legal remedies including eviction.
If the court finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of any unconscionable provision. If a landlord has included an unconscionable provision in a rental agreement, the court may also award reasonable attorney's fees to the tenant.
Tenants have the right to organize, form, join, and participate in tenant organizations. A landlord may not interfere with, restrain, or coerce tenants in the exercise of these rights. A landlord may not retaliate against any tenant for forming or participating in a tenant organization or for exercising any right under this subtitle. Retaliatory conduct includes increases in rent, decreases in services, or commencement of eviction proceedings.
A landlord shall give a tenant at least one month's written notice of a rent increase for a month-to-month tenancy, and at least two months' written notice for a lease term of one year or more that is being renewed at a higher rent. The notice shall specify the new rent amount and the date it takes effect. A tenant may terminate the tenancy rather than accept the rent increase, provided the tenant gives the required notice of termination.
If a dwelling unit is rendered substantially uninhabitable by fire, flood, or other casualty, the tenant may terminate the rental agreement immediately upon written notice to the landlord. The tenant is not liable for rent for the period after the unit becomes uninhabitable. The landlord shall return the security deposit within 45 days and refund any prepaid rent for the period after the casualty.
A landlord may charge a prospective tenant an application fee to cover the actual costs of processing a rental application, including credit check fees. The application fee shall not exceed the greater of $25 or the actual cost of the credit check. An application fee may not be charged if the landlord does not intend to process the application.
A tenant who is a member of the armed forces and receives deployment orders for a period of more than three months, or receives permanent change of station orders, may terminate a rental agreement by giving the landlord written notice and a copy of the deployment or change of station orders. The tenancy terminates 30 days after the next rent due date following the date notice is given. Termination pursuant to this section does not subject the tenant to any penalty, and the landlord shall return the security deposit within 45 days.
If a landlord fails to provide essential services — including heat, water, electricity, gas, or other services required by the lease or law — the tenant may: (1) procure essential services during the period of the landlord's noncompliance and deduct the cost from rent; (2) recover damages based on the diminished fair rental value of the dwelling unit; or (3) procure substitute housing for the period of noncompliance and be excused from paying rent during that period. Before exercising these remedies the tenant must give the landlord written notice and a reasonable opportunity to correct the deficiency.
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Effective: or obtain substitute housing when landlords fail to provide required services after written notice.
The District Court of Maryland has exclusive original jurisdiction over summary ejectment (failure to pay rent), wrongful detainer, breach of lease, and tenant holding over cases where the amount claimed does not exceed $30,000. Eviction actions may only be brought in the District Court of the county or city where the property is located. Appeals from District Court in landlord-tenant matters go to the Circuit Court.
Baltimore City maintains a dedicated Rent Court within the District Court system for the resolution of landlord-tenant disputes. The Rent Court hears all summary ejectment, breach of lease, tenant holding over, and rent escrow cases arising in Baltimore City. Baltimore City Rent Court is located at the Mitchell Courthouse and provides additional resources including pre-hearing mediation services.
Under legislation enacted in 2024, a local government in Maryland may not issue an eviction moratorium or otherwise prohibit a landlord from pursuing an eviction action, except as expressly authorized by the Governor during a declared state of emergency. Any local ordinance or regulation inconsistent with this provision is preempted.
A lease that contains an automatic renewal clause must contain a notice printed in no smaller than 8-point type stating that the lease will automatically renew unless the tenant gives notice of termination within the time period specified in the lease. If the landlord fails to include the required notice, the automatic renewal clause is voidable at the tenant's option.
A landlord may charge a late fee for rent not paid by the fifth day after it is due. The late fee may not exceed 5 percent of the monthly rent. A late fee may be charged only once for each late payment. A landlord may not deduct a late fee from a rent payment in a manner that would cause the remaining balance of rent to be treated as unpaid.
A tenant shall: (1) keep the dwelling unit in a clean and safe condition; (2) dispose of all ashes, garbage, rubbish and other waste in a clean and safe manner; (3) keep all plumbing fixtures in the dwelling unit used by the tenant as clean as the condition of the fixtures permits; (4) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises; (5) not engage or permit any guest to engage in conduct that constitutes a nuisance or materially disturbs the quiet enjoyment of other tenants; (6) comply with all obligations imposed upon tenants by applicable housing codes.
If a tenant damages the dwelling unit beyond normal wear and tear, abandons the unit, or otherwise breaches the lease, the landlord is entitled to: (1) damages for unpaid rent; (2) damages for physical damage to the unit; (3) costs reasonably incurred in reletting the unit; and (4) any other damages proximately caused by the breach. The landlord has a duty to mitigate damages by making reasonable efforts to relet the unit at a fair market rent.
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