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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 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.
For properties with more than four units, the rental application must contain a statement explaining:
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).)
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.
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:
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).)
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.
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:
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 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).)
Landlords must give the tenant a receipt for the security deposit. The receipt must notify the tenant that:
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.
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).)
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).)
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.
In Maryland, rent is due on whatever day the landlord and tenant agree to.
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).)
In many states, landlords must disclose specific information to tenants and potential tenants. Maryland landlords must disclose information about:
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).)
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:
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:
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.
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).)
Maryland landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
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.
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.
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).)
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.
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:
(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).)
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).)
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.
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.
If you want to read the text of a law itself, see the Maryland General Assembly's website.
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.
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.
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.