Maryland Landlord Tenant Laws

This is a summary of Maryland Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Maryland Code, the General Assembly Statutes, and various online sources to serve as a reference for people wanting to learn about Maryland landlord-tenant laws, Maryland eviction laws, and Maryland renters’ rights.

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing Maryland Landlord-Tenant Laws

• Maryland Code and Court Rules – Real Property, Title 8 – Landlord and Tenant
• General Assembly Statutes
• Takoma Park Municipal Code – Housing – Title 6
• Takoma Park Municipal Code – Landlord-Tenant Relations (6.16)

Maryland Lease Terms Provisions

Security Deposits

• What is the maximum allowable security deposit?
  The security deposit cannot exceed two months’ rent, regardless of the number of tenants. (Md. Code Ann. § 8-203(b)(1))

• Are security deposits required to earn interest?

Yes. Security deposits must be returned with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater. No interest is payable unless landlord has held the deposit for at least 6 months, or for any period less than a full month. (Md. Code Ann. § 8-203(e))

• Do landlords need to store security deposits in a separate bank account?

Yes. Maryland law requires that security deposits be stored in a bank account devoted exclusively to security deposits. It must be deposed in an account within 30 days after landlord receives it. The aggregate amount of the accounts shall be sufficient in amount to equal all security deposits for which the landlord is liable. (Md. Code Ann. § 8-203(d)(1)(i))

• Are non-refundable fees, such as pet fees, prohibited?

No. There is no Maryland law forbidding non-refundable fees or limiting the amount that landlords can charge.

• How long do landlords have to return security deposits?

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to cover unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant’s family, agents, employees, guests, or invitees exceeding ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord. (Md. Code Ann. § 8-203(f)(1)(i))

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. The landlord must send a written list of the damages and a statement of the cost incurred by first-class mail to the tenant’s last known address. (Md. Code Ann. § 8-203(e)(1))

• Do landlords have to issue receipts upon receiving security deposits?

Yes, landlords must give tenant security deposit receipts that comply with the requirements listed in Md. Code Ann. § 8-203.1. The receipt must be included in the rental agreement. (Md. Code Ann. § 8-203(c))

• Are there any specific requirements for record-keeping for deposit withholdings?

No. There is no Maryland law specifying record-keeping requirements.

• What happens when a landlord does not return a security deposit within the required timeframe?

The tenant may recover up to three times the withheld amount plus reasonable attorney’s fees. (Md. Code Ann. § 8-203(e)(4))

Rent

• Is there a cap on how much landlords can charge for rent? (rent control)

No. There are no rent control laws in Maryland.

• Does rent need to be paid using a certain method of payment?

No. There is no Maryland law requiring a certain payment method for rent.

Fees

• Can landlords charge late fees when rent is late?

Yes. Landlords can charge a late fee up to 5% of the amount of rent due, up to $3/week for leases where rent is paid weekly or $12/month for leases where rent is paid monthly. (Md. Code Ann. § 8-208(d)(3))

• Do landlords have to allow for a grace period for paying rent before charging late fees?

No. There is no Maryland law requiring a grace period before assessing late fees.

• Can landlords charge application fees?

Yes. Maryland law allows landlords to charge application fees up to $25. (Md. Code Ann. § 8-213(b))

• Can landlords charge returned check fees?

Yes. Landlords can charge up to $35 for a returned check fee. (Md. Code Ann. § 15-803)

Maryland Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

No. There is no Maryland law requiring landlords to provide tenants with notice of rent increases between lease terms. However, landlords cannot raise your rent in the middle of your lease.

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no Maryland law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

Landlords must provide 30 days’ notice. (Md. Code Ann. § 8-402(b)(1)(i))

• What notice is required to terminate a week-to-week periodic lease?

Landlords can terminate the lease with one week’s notice if the parties have a written lease, and 21 days if they do not have a written lease. (Md. Code Ann. § 8-402(c)(2)(iv))

• What notice is required to terminate a month-to-month periodic lease?

Either the landlord or the tenant can terminate the lease with 60 days’ notice. . (Md. Code Ann. § 8-402(c)(2)(i))

• Is notice of the date and time of the move out inspection required?

Yes. Tenants have a right to be present at the move-out inspection. (Md. Code Ann. § 8-203(f)(1))

Entry Provisions

• When can landlords enter the rental premises with notice?

There is no Maryland statute on this issue.

• What notice must a landlord give a tenant before entering the rental unit?

There is no Maryland law requiring landlords to give tenants notice of entry.

• When can landlords enter the rental premises without providing notice to their tenants?

There is no Maryland statute on this issue.

Entry Provisions

• When can landlords enter the rental premises with notice?

There is no Maryland statute on this issue.

• What notice must a landlord give a tenant before entering the rental unit?

There is no Maryland law requiring landlords to give tenants notice of entry.

• When can landlords enter the rental premises without providing notice to their tenants?

There is no Maryland statute on this issue.

Landlord’s Duties (Md. Code Ann. § 8-211(e))

• Landlords must repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of occupants, including, but not limited to:
  • Lack of heat, light, electricity, or hot or cold running water, if they are the landlord’s responsibility in the lease to provide
  • Lack of adequate sewage disposal facilities
  • An infestation of rodents in two or more dwelling units
  • The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants
  • The existence of any condition which presents a health or fire hazard to the dwelling unit. (Md. Code Ann. § 8-211(e))

  Tenant’s Duties

  There is no Maryland statute covering this issue.

  Required Landlord Disclosures

  • Landlords are required to disclose in writing the names and business addresses of:
    • the person authorized to manage the premises.
    • the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Md. Code. Ann. § 8-210).
    • If landlord requires tenant to pay for water or sewer utility services to landlord, landlord shall disclose it in the rental agreement and provide a copy of water or sewer bill to tenant. (Md. Code. Ann. § 8-205.1).
    • If landlord uses a ratio utility billing system to bill tenants, landlord must provide to all prospective tenants: a statement that the tenant will be billed for allocated utility services and that identifies all utilities at issue; a copy of the last two utility bills issued to the landlord; a description of the method that will be used to allocate the cost of the utility to the tenant, by utility; a statement that any disputes relating to the computation of the tenant’s bill are between the tenant and the landlord; the average monthly bill for all dwelling units in the residential rental property in the previous calendar year, by utility; a statement that the tenant has the right to inspect records retained by the landlord that document a bill for utilities on written request; information regarding any additional service charges or administrative fees to be paid by the tenant for the operation of the ratio utility billing system; and a citation to this section. (Md. Code. Ann. § 8-212.4(c)(1)).

    Before renting pre-1978 property, landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. (16 CFR 1303, 42 U.S. Code § 4852d) . If the landlord fails to disclose all known lead paint hazards, the landlord can face fines of up to $19,507 for each violation (24 CFR 30.65).

    Maryland Renters’ Rights

    • What are Maryland renters’ rights if landlords breach their duties?(See Landlord’s Duties)

    If a landlord’s failure to comply with the landlord’s legal duties, the tenant may notify the landlord of the issue(s). If the landlord does not remedy the issue within 30 days of receiving notice, the tenant may bring an action of rent escrow to pay rent into court because of the asserted defect. (Md. Code Ann. § 8-211(g)-(i))

    • Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?

    If a landlord’s failure to comply with the landlord’s legal duties, the tenant may notify the landlord of the issue(s). If the landlord does not remedy the issue within 30 days of receiving notice, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for distress for rent or to any complaint proceeding brought by the landlord to recover rent or the possession of the leased premises. (Md. Code Ann. § 8-211(g)-(i))

    • What are the protections for tenants against retaliation from their landlords for exercising their Maryland renter’s rights?

    Maryland law prohibits landlords from bringing or threatening to bring an action for possession, terminating a periodic tenancy, increasing rent, or decreasing services to a tenant who has complained to the landlord or any public agency, participated in any tenant’s organization, or filed a lawsuit against the landlord. (Md. Code Ann. § 8-208.1(a))

    Maryland Eviction Laws

    • What are the reasons that landlords can evict tenants under Maryland eviction laws?
      • Nonpayment of rent (Md. Code Ann. § 8-401)
      • Violation of lease terms / rental agreement (Md. Code Ann. § 8-402.1)
      • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Md. Code Ann. § 8-402(b))
      • What notice do Maryland eviction laws require that landlords provide tenants before starting the eviction process?
        • For evictions based on non-payment of rent, landlords do not have to provide notice before starting the eviction process. However, if the tenant pays all rent before being removed from the unit, the eviction process will be stopped. (Md. Code Ann. § 8-401)
        • For evictions based on violations of lease terms, landlords must give a 30-day notice of termination of the lease, or a 14-day notice if the violation could endanger and/or cause serious harm to themselves, other tenants, the landlord, or the landlord’s property, before starting the eviction process. Landlords do not have to permit the tenant to cure these types of breaches. (Md. Code Ann. § 8-402.1)
        • For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Md. Code Ann. § 8-402(b))
        • Do Maryland eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?

        No. There is no Maryland law permitting self-help eviction.

        • Are landlords permitted to recover damages from an evicted tenant?

        Yes. Tenants may be liable for damages caused by holding over. (Md. Code Ann. § 8-402(a))

        COVID-19 Changes to Maryland Landlord-Tenant Laws

        • The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
        • The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is no longer effective.
        • Maryland Emergency Rental Assistance Program provides help with rental payments.

        Squatter’s rights in Maryland

        Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

        Maryland has no specific laws recognizing squatters.

        The squatter must possess the property for 20 years to be able to claim adverse possession (Md. Code. Ann. § 5-103).

        Related Links

        Government

        • Maryland Small Claims Court
        • Maryland District Courts
        • Maryland District Courts – Landlord Tenant Issues
        • Maryland Landlord and Tenant – Tips for Avoiding Disputes
        • Maryland Alternative Dispute Resolution
        • Maryland Attorney General
        • Maryland Insurance Administration
        • Maryland Guide to Home Owners Insurance
        • U.S. Department of Housing and Urban Development – Maryland
        • Takoma Park – Landlord Tenant Issues
        • Maryland Real Estate Commission

        Legal Aid

        Attorney Referral Services

        • The Peoples Law of Maryland – Landlord/Tenant
        • Maryland State Bar Association
        • Maryland Legal Services Corporation

        Realtor and Landlord-Tenant Associations

        • BNI – Baltimore Neighborhoods Inc.
        • Maryland Association of Realtors