Landlord-tenant disputes are among our most common cases. This guide outlines Maryland rental housing laws and explains the rights and responsibilities of both parties. Understanding these regulations helps prevent conflicts and resolve disagreements. While based on state law, be aware that local ordinances may provide additional tenant protections.
The following is an overview. For more details, click here for our detailed guide in
English and
Spanish (Espanol).
Application Fees
Key Points:
- Landlords may keep application fees of $25 or less
- For fees over $25, landlords must refund any unused portion within 15 days
- If keeping more than $25, landlords must provide a written explanation of expenses
- Be careful about payments to "hold" an apartment - confirm in writing whether these are refundable
Leases
Types of Leases:
- Oral leases are legal for terms less than one year
- Written leases are strongly recommended and required for:
- Tenancies of one year or longer
- Landlords who own five or more rental units in Maryland
Requirements for Valid Leases:
- Cannot contain provisions that deny tenants' rights under Maryland law
- Cannot authorize confessed judgments
- Cannot impose late fees exceeding 5% of rent owed
- Cannot allow landlord to evict or take possessions without court judgment
- Must provide at least 30 days' notice to terminate
Before Signing:
- Request an advance copy in writing
- Review all terms carefully, including rent due dates, late fees, and rules
- Any changes should be dated and initialed by both parties
Rent Receipts:
- Landlords must provide receipts for cash payments or upon request
Security Deposits
Limits and Requirements:
- Maximum: One months' rent (Only applies to security deposits paid on or after October 1, 2024)
- Must provide receipt
- Must put deposit in escrow account
- Interest rates:
- Leases before January 1, 2015: 3% per year
- Leases after January 1, 2015: 1.5% or daily U.S. Treasury yield rate (whichever is greater)
Return of Deposits:
- Must be returned within 45 days after lease ends
- Landlord can only withhold for actual damages beyond normal wear and tear or unpaid rent
- If withholding any portion, landlord must provide itemized list of damages and costs
- Landlord may be liable to the tenant for three times the withheld amount, plus reasonable attorney’s fees if deposit not returned timely
Inspection Rights:
- Tenants have the right to be present for final inspection if requested by certified mail 15 days before moving
- Landlord must then notify tenant of inspection time by certified mail
Surety Bonds:
- Alternative to security deposits
- Unlike deposits, premium paid is not refundable
- Tenant still remains responsible for damages
Taking Possession
If a landlord fails to give a tenant possession of the rental property at the start of the lease:
- Tenant can cancel the lease with written notice
- Landlord is liable for your damages and expenses
- Tenant does not owe rent for days they could not occupy the unit
Lease Renewals
Renewals:
- Many leases automatically renew unless notice is given
- If a tenant does not want to renew lease automatically
- Give written notice for non-renewal before the deadline
- Send by certified mail for proof
- Automatic renewal provisions in a lease must include space for separate tenant acknowledgment
- Know if lease terms will change when continuing to rent
- For automatic renewals, landlords must notify you of changes with sufficient notice
- For non-automatic renewals, carefully read the new lease before signing; it's a new contract that may have different terms from your prior lease
Breaking a Lease:
- Tenants remain responsible for rent through the end of lease term
- Landlord must make reasonable effort to re-rent the unit
- You're only responsible for rent until a new tenant moves in
- You may be charged for advertising costs
Special Circumstances:
- Some leases allow early termination with notice and/or fee
- Military personnel with permanent change of station orders can end lease with proper notice
- Persons with medical conditions preventing them from occupying the unit can end lease early with proper notice
Repairs and Rent Escrow
Under Maryland law, if a landlord
fails to repair serious or dangerous defects in a rental unit, you have
the right to pay your rent into an escrow account established at the
local District Court.
Maryland law is very specific about the conditions under which rent
may be placed in escrow. You must give the landlord proper notice and
adequate time to make the repairs before you have the right to place
rent in escrow. The escrow account can only be set up by the Court.
When to Use Rent Escrow: For serious defects that are a threat to life, health, or safety, including:
- Lack of heat, electricity, water
- Inadequate sewage disposal
- Rodent infestation
- Lead paint hazards
- Structural defects threatening safety
- Fire or health hazards
Process:
- Notify landlord of defects (certified mail or through housing inspector)
- Allow reasonable time for repairs
- If repairs aren't made, file with District Court
- Continue paying rent into court-established escrow account
Other Options:
- Report code violations to local authorities
Before an escrow account can be
established, the court will hold a hearing and, if warranted, the judge can return money to you as compensation, allocate funds for repairs, or appoint an administrator to oversee repairs. Once the escrow account is established, you must continue paying rent into it regularly.
If you withhold rent without establishing escrow, you must still notify the landlord by certified mail, but they could try to evict you. In court, you can defend yourself, and if the judge agrees conditions threaten your life, health or safety, you'll need to pay rent into an escrow account until resolved.
Baltimore City has its own rent escrow law similar to state law, so city residents must use the local version. Counties with rent escrow laws also require following their specific local procedures.
Protection from Retaliation
Landlords cannot evict, increase rent, or reduce services because a tenant:
- Complained about conditions
- Filed a complaint with housing authorities or the courts
- Joined a tenants' organization
Lead-Based Paint
Maryland Law Requirements: For properties built before 1978, landlords must:
- Register property with Maryland Department of Environment,
- Provide required lead hazard notice pamphlets, and
- Perform risk reduction measures and provide certificate
If Lead Hazards are Found:
- Landlord must perform risk reduction within 30 days of notice
- Tenants must be relocated during treatments
- Landlords must pay reasonable relocation expenses if over 24 hours
Eviction
Legal Process Required:
- Landlords cannot simply tell you to leave or change locks
- Landlords must obtain court judgment and follow legal procedures
- Landlord must give 10 days written notice of the intent to file for eviction
Grounds for Eviction:
-
Nonpayment of rent
- Can file after rent is due and 10-day notice of intent to file is provided
- Tenant can usually stop eviction by paying all rent owed before sheriff arrives
-
Holding over (not moving out when lease ends)
- Requires proper written notice
-
Breach of lease
- Breaking terms of lease agreement
- Requires one month's written notice (14 days for safety threats)
- Violation must be serious
Eviction Process:
- Court summons (attend the hearing!)
- Court hearing
- If landlord wins, warrant of restitution filed
- Sheriff supervises actual eviction
Appeals:
- Must file within 4 days for nonpayment cases
- Must file within 10 days for breach or holding over cases
Content and Resources
Maryland Attorney General
The Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord.
County Consumer Offices
Montgomery and Howard Counties also have their own consumer protection offices that could help you with rental problems.
Legal Representation Resources
Visit our legal representation resource page for more resources