Accurate Credit Bureau Landlord Tenant Laws and Regulations – Maryland

Security Deposit:

  • Security Deposit Maximum: equal to 2 month’s rent
  • Security Deposit Interest: 3% per year on deposits of $50 or more. Interest accrues every 6 months, but is not compounded.
  • Separate Security Deposit Bank Account: Yes, required in a state financial institution.
  • Pet Deposits and Additional Fees: No Statute
  • Deadline for Returning Security Deposit: 45 days or Landlord forfeits right to withhold, and tenant can sue for 3x deposit amount plus reasonable attorney’s fees.
  • Require Written Description / Itemized List of Damages and Charges:Yes
  • Record Keeping of Deposit Withholding’s: 2 years
  • Advance Notice of Deposit Withholding Required: Yes

Lease, Rent & Fees:

  • Rent Increase Notice: No Statute
  • Application Fee: $25 Maximum
  • Written Rental Lease Required: Yes, if Landlord offers 5 or more residential rental units in Maryland.
  • Late Fees: Maximum 5% of rent due.  If weekly rentals, maximum of $3/week.
  • Prepaid Rent: No Statute
  • Returned Check Fees: No Statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
  • Tenant Allowed to Repair and Deduct Rent:
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes
  • Tenant’s Right to Redeem (pay owed rent): Until the end of eviction trial.
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes, within reason.

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: 3 months, except farm tenancies which is 6 months. In Montgomery County, 2 months notice is required except for single family homes. This is not applicable to Baltimore City.
  • Notice to Terminate a Lease – Month-to-Month: 1 month.
  • Notice to Terminate a Lease – Week-to-week: 1 week.
  • Notice of date/time of Move-Out Inspection: Required.  Tenant has a right to be present at inspection.
  • Eviction Notice for Nonpayment: 5 days
  • Eviction Notice for Lease Violation: 30 days, 14 days if there is a clear and imminent danger to tenant or other people.
  • Required Notice before Entry: No Statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Landlord must provide a receipt of any security deposit provided. This receipt can be documented in the rental lease and does not need to be a separate document.
  • Landlord must notify the tenant of:
    (1) The right to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant’s occupancy;
    (2) The right to be present when the landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant’s intended move, of the tenant’s intention to move, the date of moving, and the tenant’s new address;
    (3) The landlord’s obligation to conduct the inspection within 5 days before or after the tenant’s stated date of intended moving;
    (4) The landlord’s obligation to notify the tenant in writing of the date of the inspection;
    (5) The tenant’s right to receive, by first-class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy;
    (6) The obligation of the landlord to return any unused portion of the security deposit, by first-class mail, addressed to the tenant’s last known address within 45 days after the termination of the tenancy; and
    (7) A statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney’s fees.
  • Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence.
  • Landlords can require tenants to provide proof of domestic violence status from tenants.
  • Landlord may not take possession of the leased premises, or the tenant’s personal property unless the lease has been terminated by action of the parties or by operation of law, and the personal property has been abandoned by the tenant without the benefit of formal legal process. 
  • Landlord must not take possession of premise, terminate a tenancy, increase rent, or decrease services to a tenant who has filed an official complaint to a Government Authority, has involvement in a Tenant’s Organization, or file a lawsuit against the Landlord. Any such action will be considered a “retaliatory action”.
    We recommend downloading a rental application and screening your prospective tenants.
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