Maryland Tenant Rights: Security Deposits and More

Maryland provides moderate protections for tenants through Real Property Article § 8 of the Maryland Code. The state caps security deposits, requires interest payments, and provides remedies for wrongful withholding.

This guide covers Maryland's security deposit rules, habitability standards, rent escrow remedies, and how to recover money when your landlord violates the law.

Security Deposit Rules

Deposit Limits

Under Md. Code, Real Prop. § 8-203:

• Maximum: Two months' rent
• Includes all deposits (security, pet, cleaning)
• Separate surety bond allowed in lieu of cash deposit

Interest Requirements

• Required on deposits held 6+ months
• Rate set annually by state (currently 1.5%)
• Must pay interest within 45 days of termination
• Can be credited toward rent instead of paid

Return Timeline

• Deadline: 45 days after termination
• Itemization: Written statement required for any deductions
• Forwarding address: Must be provided in writing

Move-In Requirements

Maryland landlords must provide:

• Written receipt for any deposit received
• Notice of tenant's right to be present at move-out inspection
• Information about where deposit is held
• Copy of the lease with all terms

Habitability Standards

Maryland's implied warranty of habitability requires:

• Compliance with housing codes
• Weatherproof structure
• Working plumbing and heating
• Adequate hot water
• Working electrical systems
• Extermination of pests
• Smoke detectors (required by law)
• Lead paint disclosure (if applicable)

Rent Escrow

Maryland has a strong rent escrow remedy:

1. Notify landlord in writing of needed repairs
2. Allow reasonable time (30 days typical)
3. If not repaired, pay rent into court escrow
4. Court can order repairs or reduce rent

Lead Paint Requirements

For pre-1978 properties, Maryland requires:

• Lead paint disclosure
• Registration with state
• Passing inspection (or risk reduction)
• Tenant notification of test results

Eviction Protections

For Non-Payment

• No mandatory cure period (but court may allow)
• Landlord files failure to pay rent action
• Tenant can pay before judgment to stay
• Four-day redemption period after judgment

For Lease Violations

• 30-day notice for month-to-month
• Notice for lease violations per lease terms
• Tenant must be given opportunity to cure if curable

Illegal Evictions

Landlords cannot:

• Lock out tenants without court order
• Shut off utilities
• Remove tenant belongings
• Remove doors or windows

Montgomery and Prince George's County

These counties have additional protections:

• Rent stabilization in some areas
• Stronger tenant advocacy programs
• Additional local ordinances
• Right to counsel programs

Baltimore City

Baltimore has unique rules:

• Rental licensing requirements
• Lead paint regulations
• Housing court programs
• Tenant advocacy resources

Breaking a Lease

Early termination without penalty for:

• Military deployment: Under federal SCRA
• Domestic violence: With 30 days notice
• Unsafe conditions: After proper notice
• Senior citizens: Moving to assisted living

Maryland Small Claims (District Court)

• Limit: $5,000 (small claims) / $30,000 (district court)
• Filing fee: $34-$46
• Where to file: Where property is located or defendant resides
• Lawyers: Allowed in all cases

Demand Letter Strategy

Your Maryland demand letter should include:

1. Move-out date and forwarding address
2. Citation to Md. Code, Real Prop. § 8-203
3. Amount of deposit and interest owed
4. Specific objections to deductions
5. Notice of treble damages for wrongful withholding
6. Attorney fees warning
7. 14-day deadline to respond

Consumer Protection

Maryland's Consumer Protection Act (Md. Code, Com. Law § 13) also applies to landlord-tenant disputes involving deceptive practices.

Maryland Tenant Resources

These official Maryland agencies and resources can help with landlord-tenant disputes:

• People's Law Library of Maryland: Free legal information for Maryland tenants
• Maryland Courts Housing Help: Court forms and self-help resources
• MD Attorney General Consumer Protection: File complaints about deceptive practices

Frequently Asked Questions

How much can my Maryland landlord charge for a security deposit?

Maryland caps security deposits at two months' rent. This limit includes all deposits - security deposit, pet deposit, and cleaning deposit combined. If your landlord charged more than two months' rent total in deposits, they've violated state law and you may be entitled to recover the excess plus damages.

Do I earn interest on my security deposit in Maryland?

Yes, if your landlord holds your deposit for more than six months. Maryland requires landlords to pay interest at a rate set annually by the state (currently around 1.5%). The interest must be paid within 45 days of lease termination, either as a separate payment or credited toward your deposit return.

What is rent escrow and how do I use it in Maryland?

Rent escrow is a powerful repair remedy in Maryland. If your landlord fails to make necessary repairs after written notice (allow about 30 days), you can pay your rent into a court escrow account instead of to the landlord. The court can then order repairs, reduce your rent, or allow you to use the escrowed funds for repairs. This is one of the strongest tenant remedies in the country.

What happens if my landlord doesn't return my deposit within 45 days?

If your Maryland landlord fails to return your security deposit or provide an itemized list of deductions within 45 days, you can sue to recover up to three times the amount wrongfully withheld, plus reasonable attorney fees. This treble damages penalty is a strong incentive for landlords to follow the law.

Are there additional protections in Montgomery County or Prince George's County?

Yes. Montgomery and Prince George's Counties have additional tenant protections beyond state law, including rent stabilization in some areas, stronger tenant advocacy programs, and right to counsel programs for low-income tenants facing eviction. Check your local county code for additional protections.