Maryland Landlord-Tenant Laws
Security Deposit Limits
At or before move-in
- Maximum security deposit: 1 month's rent (for leases signed on or after October 1, 2024)
- Exception allowing up to 2 months' rent ONLY if ALL three conditions are met: (1) tenant qualified for utility assistance, (2) lease requires tenant to pay utilities directly to landlord, AND (3) both parties agree in writing
- Leases signed BEFORE October 1, 2024: maximum was 2 months' rent
- Cap applies regardless of the number of tenants occupying the unit
- Includes any prepayment of last month's rent, pet deposits, and other advance payments
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Security Deposit Storage and Interest Requirements
Deposit within 30 days; interest accrues monthly after 6 months
- Must hold in federally insured financial institution doing business in Maryland
- Account must be in a Maryland branch
- Account must be exclusively devoted to security deposits (no commingling)
- Account must bear interest
- Alternatively: may hold in insured certificates of deposit or federal/state government securities
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Security Deposit Return Timeline and Requirements
45 days after the end of the tenancy
- Must return deposit plus accrued interest within 45 days after end of tenancy
- If withholding any portion: must provide itemized written statement of damages with supporting documentation
- Supporting documentation must identify estimated or actual cost of repairs (§ 8-203(j))
- If landlord provides estimated costs: must notify tenant when repairs are completed and send final invoices
- If actual costs are less than estimate: must return the difference within 30 days of completing repairs
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Permitted Security Deposit Deductions
Within 45-day return window
- May deduct for: unpaid rent
- May deduct for: damage due to breach of lease
- May deduct for: damage in excess of ordinary wear and tear to leased premises, common areas, major appliances, and furnishings
- Damage must be caused by tenant, tenant's family, agents, employees, guests, or invitees
- CANNOT deduct for ordinary wear and tear
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Eviction for Nonpayment of Rent (10-Day Notice)
10-day written notice before filing; hearing typically 5 days after filing
- Landlord must provide written notice stating amount of rent due and intent to file complaint
- Tenant has 10 days to pay the full amount due
- If tenant does not pay within 10 days, landlord may file complaint for Failure to Pay Rent in District Court
- Filing fee: approximately $15
- Court schedules hearing — tenant receives summary ejectment proceeding notice within 3 days of filing
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Eviction for Lease Violations and Holding Over
- 10 days to pay or face filing
- 14-day notice to quit
- 30-day notice to quit
- 60-day written notice
- No notice required (lease expired)
- Lease violation (general breach): 30-day notice to quit (§ 8-402.1)
- Imminent threat to property or persons: 14-day notice to quit (§ 8-402.1)
- Holding over after fixed-term lease expires: landlord may file without additional notice
- Month-to-month termination (no cause): 60-day written notice before next rental period (§ 8-402(c))
- Notice should be sent by first-class mail, posted on unit, or sent electronically if agreed
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Maryland Eviction Court Process
Filing to hearing: typically 5-10 days; Warrant of Restitution: 5-60 days after judgment with 7-day execution delay
- Step 1: Serve appropriate written notice (10-day, 14-day, 30-day, or 60-day depending on grounds)
- Step 2: File complaint in District Court in the county where the property is located
- Step 3: Court serves tenant with summary ejectment proceeding notice (mailed and posted on door) within 3 days
- Step 4: Hearing — both parties present evidence; tenant may answer and assert defenses
- Step 5: If judgment for landlord, file Petition for Warrant of Restitution (5-60 days after judgment for nonpayment)
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Warranty of Habitability and Rent Escrow
Written notice to landlord; reasonable time to repair (30 days presumptively unreasonable); then rent escrow available
- Landlord must maintain premises in habitable condition with working utilities, appliances, and no hazardous conditions
- Required services: heat, light, electricity, hot and cold running water, proper sewage disposal
- If landlord fails to repair conditions that threaten life, health, or safety: tenant may send written notice by certified mail
- If landlord does not repair within a reasonable time: tenant may file rent escrow action in court
- 30-day period without repair is presumptively unreasonable (rebuttable based on severity)
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Late Fees and Rent Payment Requirements
Per lease terms; late fee cap applies statewide
- Late fee maximum: 5% of the amount of late rent (HB 273, effective 2025)
- No state-mandated grace period (but may exist in lease or local law)
- Landlord must give receipt for any cash rent payment (§ 8-208.3)
- Landlord may only increase rent when lease is renewed — must provide 90 days' written notice of any rent increase in most cases
- No statewide rent control, but some local jurisdictions have rent stabilization (Montgomery County)
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Retaliation Protection for Tenants
Protection lasts 6 months after court or agency determination
- Landlord may NOT retaliate against tenant for: filing a good faith written complaint with landlord or public agency
- Also protected: filing or participating in a lawsuit against the landlord
- Also protected: organizing or being a member of a tenant organization
- Retaliatory actions include: eviction, rent increase, decrease in services
- Protection lasts 6 months after the court or agency determination
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Landlord Right of Entry
No state-mandated notice period; lease terms and common law govern
- Maryland does NOT have a comprehensive state statute requiring advance entry notice
- Entry rights are primarily governed by lease agreement terms
- Covenant of quiet enjoyment provides tenant the right to undisturbed use (§ 8-204)
- Landlord may not interfere with tenant's quiet enjoyment through harassment or unauthorized entry
- Emergency entry generally permitted without notice under common law
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Lease Requirements and Disclosures
At or before lease signing
- Must provide written security deposit receipt with specific tenant rights information (§ 8-203.1)
- Must disclose: landlord's name, address, and phone number in the lease or on a posted sign (§ 8-210)
- Must disclose: person authorized to accept notice or service of process on landlord's behalf
- Must provide Tenants' Bill of Rights at lease signing (required by HB 693, effective 10/1/2024)
- Must provide pet policy link on property website (if applicable) and written copy in rental application (§ 8-210)
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Lease Termination Notice Periods
- 60 days' written notice before next rental period
- 1 month's written notice
- Expires on its date; no notice required unless lease specifies otherwise
- 90 days' written notice required for rent increases in most cases
- Month-to-month (landlord terminating): 60 days' written notice before the next rental period
- Month-to-month (tenant terminating): 1 month's written notice (§ 8-501)
- Fixed-term lease: expires on its own date — no additional notice required unless lease says otherwise
- If neither party gives notice at end of fixed term: lease may automatically renew or convert to month-to-month per lease terms
- Rent increases: 90 days' advance written notice required in most cases
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Fair Housing and Discrimination Protections
Ongoing; applies to all housing transactions
- Federal Fair Housing Act protections: race, color, national origin, religion, sex, familial status, disability
- Maryland adds: marital status, sexual orientation, gender identity
- Source of income discrimination prohibited statewide (includes Housing Choice Vouchers/Section 8)
- Must make reasonable accommodations for tenants with disabilities
- Must allow reasonable modifications for disability (tenant may be responsible for restoration costs)
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Maryland Tenants' Bill of Rights (HB 693)
Effective October 1, 2024 (HB 693) and July 1, 2025 (Tenants' Bill of Rights document)
- Landlord must provide copy of Maryland Tenants' Bill of Rights at lease signing
- 7-day delay before Warrant of Restitution can be executed after judgment
- Evictions stayed during extreme weather events
- Security deposit reduced to 1 month's rent maximum (effective 10/1/2024) with narrow exceptions
- Late fees capped at 5% of overdue rent amount
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