Overview of Landlord-Tenant Laws in Maryland

Maryland laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Maryland landlords and tenants.

Maryland Rental Application and Tenant Screening Laws

Maryland law regulates much of the tenant application and screening process. Some laws apply only to landlords who rent properties with more than four units, as noted below.

Contents of Rental Applications

For properties with more than four units, the rental application must contain a statement explaining:

• the liabilities the tenant incurs when they sign the application and
• an explanation of the fees and when fees must be returned (as explained below).

(Md. Code Real Prop., § 8-213(a) (2024).)

Application Fees

Landlords in Maryland can charge application fees. For properties that have more than four units, though, if the application fee is more than $25, the landlord must return any portion of the fee that isn't spent on a credit check or other expenses arising from the application. The excess fee must be returned no later than 15 days of the tenant moving in or a rejection of the application. If the landlord doesn't follow these rules, they will be liable for twice the amount of fees charged. (Md. Code Real Prop., § 8-213 (2024).)

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Maryland landlords can charge tenants to run a tenant screening report.

Reusable Tenant Screening Reports

Maryland landlords must notify potential tenants whether they accept reusable tenant screening reports. The report must have been prepared within the previous 30 days by a consumer reporting agency at the request of the tenant.

A reusable tenant screening report must contain:

• a credit report
• a criminal history records check for all federal, state, and local charges against and convictions of the applicant over the past seven years
• a comprehensive eviction history for the places the tenant has lived for the previous seven years
• verification of employment and income; and
• current address and rental history.

If a landlord accepts reusable tenant screening reports, the landlord can't charge the applicant a fee for landlord access to the report or an application fee. (Md. Code Real Prop., § 8-218 (2024).)

Criminal History Screening

Even though Maryland law allows landlords to consider applicants' criminal histories (unlike some other states), landlords must still be careful. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Maryland law also prohibits discrimination on the bases of marital status and source of income. (Md. Code St. Gov't, § 20-705 (2024).) (Note: As of October 1, 2024, Maryland law will also prohibit discrimination on the basis of military status.)

For more information about fair housing in Maryland, visit the State of Maryland Commission on Civil Rights' housing discrimination website.

Maryland Security Deposit Laws

Maryland landlords can't charge more than two months' rent as a security deposit. If a landlord charges more than two months' rent, the tenant can sue the landlord (up to two years after the tenancy) to recover up to three times the extra amount charged, plus reasonable attorneys' fees. (Md. Code Real Prop., § 8-203(b) (2024).)

Receipts for Security Deposits

Landlords must give the tenant a receipt for the security deposit. The receipt must notify the tenant that:

• They have the right to have the landlord inspect the rental in the tenant's presence for the purpose of making a written list of damages that exist at the beginning of the tenancy. The tenant must make a request for the inspection by certified mail within 15 days of the start of the tenancy.
• They have the right to be present when the landlord inspects the rental at the end of the tenancy if the tenant notifies the landlord by certified mail at least 15 days before the date of the tenant's intended move of the tenant's intent to move, the date of moving, and the tenant's new address.
• The landlord is obligated to inspect within five days before or after the tenant's stated date of moving.
• The landlord must notify the tenant in writing of the date of the move-out inspection.
• They have the right to receive a written list of any deductions from the security deposit (along with actual costs) within 45 days of the end of the tenancy.
• The landlord must return any unused portion of the security deposit within 45 days of the end of the tenancy.
• If the landlord doesn't follow the security deposit laws, the landlord might be liable to the tenant for a penalty of up to three times the security deposit withheld, plus reasonable attorneys' fees.

The landlord must keep a copy of the receipt for at least two years after the end of the tenancy. If the landlord fails to give the tenant a receipt, the landlord is liable to the tenant for a penalty of $25.

(Md. Code Real Prop., § 8-203.1 (2024).)

How Landlords Must Hold Security Deposits

Within 30 days of receiving it, the landlord must place the security deposit in a federally insured financial institution that does business within Maryland. Alternatively, the landlord can hold the security deposit in an insured certificate of deposit. (Md. Code Real Prop., § 8-203(d) (2024).)

Security Deposit Return

Landlords must return security deposits within 45 days after the end of the tenancy. Landlords must pay interest on any security deposit that is $50 or more that is held for at least 6 months. Interest accrues at monthly intervals. (Md. Code Real Prop., § 8-203(e) (2024).)

If any portion of the deposit is withheld, the landlord must give the tenant a written notice of the damages and an itemized statement of the costs within 45 days after the end of the tenancy. (Md. Code Real Prop., § 8-203(g) (2024).)

Landlords and tenants can agree that the tenant can purchase a security bond in lieu of a security deposit. (Md. Code Real Prop., § 8-203(i) (2024).)

Required Landlord Disclosures in Maryland

In many states, landlords must disclose specific information to tenants and potential tenants. Maryland landlords must disclose information about:

• Habitation: A lease must include a statement that the premises will be habitable or, if not, a statement concerning the condition of the premises and the landlord's and the tenant's specific obligations as to heat, gas, electricity, water, and repairs. (Md. Code Real Prop., § 8-208 (2024).)
• Owner or agent identity: The landlord must include in a lease or post the name and address of the landlord or the person, if any, authorized to accept notice or service of process on behalf of the landlord. (Md. Code Real Prop., § 8-210 (2024).)
• Montgomery County: Before a prospective tenant signs a lease for 125 days or more, the landlord of a rental within a condo or development must provide to the prospective tenant (if applicable) a copy of the rules, declaration, and recorded covenants and restrictions that limit or affect the use and occupancy of the property or common areas. The written lease must, if applicable, include a statement that the obligations of the owner that limit or affect the use and occupancy of the property are enforceable against the tenant. (Md. Code Real Prop., § 8-210 (2024).)
• Reusable tenant screening reports: Landlords must notify prospective tenants about whether the landlord accepts reusable tenant screening reports. Notice must be made in writing or by posting in a conspicuous manner. (Md. Code Real Prop., § 8-218 (2024).)
• Ratio billing systems: Landlords who use a ratio billing system must disclose to prospective tenants the utilities that are covered, the landlord's method of allocation, and any administrative fees; and copies of the last two statements for each utility and average monthly usage information. Landlords must tell tenants of their rights to inspect records and provide them with a citation to this legal rule. Failure to disclose as required makes the lease unenforceable. (Md. Code Real Prop., § 8-212.4 (2024).)
• Department of Agriculture fact sheet: If the landlord knows that the tenant has a domesticated dog or cat, the lease must include a link to the fact sheet from the Department of Agriculture, which will include information on local resources (shelters and rescue organizations) that the tenant can access in the event. (Md. Code Real Prop., §§ 14-803, 14-804 (2024).)

Maryland Late Fees and Other Rent Rules

In Maryland, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

Maryland doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Maryland landlords can charge late rent fees, but the fee can't be more than 5% of the amount due. (Md. Code Real Prop., § 8-208(d) (2024).)

Rent Increases

Maryland landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords can raise the rent by giving the tenant 60 days' notice. The notice can be sent by first-class mail with a certificate of mailing or, if the tenant chooses, by email, text, or an electronic tenant portal. (Md. Code Real Prop., § 8-209 (2024).)

Maryland Landlords Must Provide Habitable Rentals

Like landlords in all states, Maryland landlords must provide rentals that are safe and fit for human habitation. Specifically, landlords must repair and eliminate conditions that pose a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including:

• lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the issue is caused by the tenant's failure to pay the charges
• lack of adequate sewage disposal facilities
• infestation of rodents in two or more dwelling units; or
• structural defects.

(Md. Code Real Prop., § 8-211(e) (2024).)

Tenant Rights to Withhold Rent in Maryland

When there is a problem that affects habitability, health, or safety, the tenant must let the landlord know of the problem and give the landlord a reasonable amount of time to make the repairs or correct the condition. The length of time that's considered reasonable depends on the facts of the situation.

If the landlord refuses to make the repairs or fails to fix the problem within a reasonable amount of time, the tenant can:

• bring an action of rent escrow where they pay rent to the court instead of the landlord until the landlord fixes the problem, or
• refuse to pay rent and use the existence of the problem as a defense to any lawsuit (such as an eviction lawsuit) that the landlord might bring.

Tenants who plan to withhold rent in response to a landlord's failure to make repairs must do so carefully. That's because if the tenant doesn't follow the proper procedures for rent withholding, the court could find that the landlord has grounds to evict the tenant for nonpayment of rent. For example, a tenant who has failed to pay rent multiple times in the past might not be eligible to use this remedy. Before withholding rent, tenants should consult with a local landlord-tenant attorney to make sure that, if they are eligible to withhold rent, they do so properly.

(Md. Code Real Prop., § 8-211 (2024).)

Maryland tenants might also be entitled to withhold rent if the landlord fails to follow lead-based paint risk reduction laws. (Md. Code Real Prop., § 8-211.1 (2024).)

Small Claims Lawsuits in Maryland

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Maryland can hear cases in which the plaintiff—the person suing—isn't asking for more than $5,000.

Small claims court procedures tend to be simpler than those of regular courts, and, although Maryland allows parties to have lawyers, many people represent themselves.

Maryland Termination and Eviction Rules

Maryland landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to remove a tenant in Maryland before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Maryland include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 10-day notice to pay rent: If the landlord is evicting the tenant for failing to pay rent, the landlord must give the tenant a written notice stating that if rent isn't paid within 10 days, the tenancy will end. If the tenant doesn't move out or pay rent within 10 days, the landlord can file an eviction lawsuit. (Md. Code Real Prop., § 8-401 (2024).)
• 14-day notice to quit: If the tenant or someone on the property with the tenant's consent poses an imminent threat to the property or others on the property, the landlord can give the tenant a 14-day notice to quit (move out). If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Md. Code Real Prop., § 8-402.1 (2024).)
• 30-day notice to quit: For all other violations of the lease or rental agreement, the landlord can give the tenant a 30-day notice to quit. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Md. Code Real Prop., § 8-402.1 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and tenancies with a long-term lease.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy early the landlord must give the tenant a 60-day written notice letting the tenant know that the tenancy is ending. (Md. Code Real Prop., § 8-402(c) (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it.

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Maryland law specifically prohibits landlords from retaliating against tenants for:

• complaining about a landlord's violation of the lease or failure to maintain the property in a habitable condition to either the landlord or a public agency
• filing a lawsuit against the landlord
• testifying in a lawsuit against the landlord
• participating in a tenants' organization
• calling law enforcement or emergency services to the property, or
• reporting lead poisoning.

(Md. Code Real Prop., §§ 8-208.1, 8-208.2 (2024).)

Maryland law also allows special protections for tenants who have experienced abuse. Some of these protections provide tenants with defenses against eviction for incidents resulting from abuse. (Md. Code Real Prop., §§ 8-5A-01 through 8-5A-06; 14-126 (2024).)

Illegal Evictions

The only way that a landlord in Maryland can remove a tenant before their lease is up is to go through the judicial eviction process. Landlords can't resort to self-help measures to pressure a tenant to leave. For example, it is illegal for a landlord to threaten to take possession or take possession of the rental by locking the tenant out or intentionally causing the interruption of heat, running water, hot water, electricity, or gas services.

Tenants who are subject to a landlord's illegal self-help measures can sue the landlord to recover any damages they've suffered and for reasonable attorneys' fees and court costs. (Md. Code Real Prop., § 8-216 (2024).)

Maryland's Right to Counsel in Eviction Cases

If you are a low-income renter in Maryland, you might be eligible to have an attorney appointed to represent you in your eviction case for free. Even if you don't have a defense to the eviction lawsuit, it's probably in your best interest to get an attorney—an attorney can help you negotiate back rent payments and potentially postpone your eviction. For more information, visit Maryland Legal Aid's Tenant Right to Counsel Project website.

Maryland Rules About Landlords' Access to Property

Although Maryland statutes don't address when and how landlords can enter a rental, it's always okay for a landlord to enter with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property.

Otherwise, in the absence of an emergency, landlords should give tenants reasonable notice before entering a rental for other purposes, such as an inspection or to show the rental to prospective tenants. Reasonable notice is typically at least 24 hours. Entry should be made only at reasonable times, which might be when the tenant gives permission to enter or during regular business hours.

Where to Find Maryland Landlord-Tenant Laws

If you want to read the text of a law itself, see the Maryland General Assembly's website.

Local Ordinances Affecting Maryland Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular county or city in Maryland and then search when you're on the site.

Checking local laws is especially important in Maryland because although there is no statewide rent control, some localities (such as Montgomery County and Takoma Park) do have rent control ordinances in place.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Maryland. Also, be sure to check The People's Law Library of Maryland for links to local landlord-tenant laws in Maryland.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Maryland. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide