Maryland Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Maryland Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Maryland landlords may generally collect a security deposit of no more than 1 month's rent (interest-bearing), which must be returned within 45 days. Since October 1, 2025, landlords must give at least 24 hours' notice before entering a rental unit under HB 1076. Late fees are capped at 5% of unpaid rent.
Security Deposits in Maryland
Maryland's security deposit law is among the more protective in the country. Under Md. Code, Real Prop. 8-203, the standard security deposit cap is 1 month's rent. A 2-month cap applies only in a narrow circumstance: where the tenant qualifies for utility assistance programs and both the landlord and tenant agree to it in a written addendum. In nearly every standard residential lease, the landlord is limited to 1 month's rent.
The deposit must be held in an interest-bearing account, and the interest must be credited to the tenant. The landlord must return the deposit along with an itemized written list of deductions and an explanation of the interest calculation within 45 days after the tenancy ends. If a landlord fails to return the deposit on time or provides an inadequate itemization, the tenant may recover up to three times the withheld amount plus reasonable attorney fees in court.
| Rule | Detail |
|---|---|
| Standard cap | 1 month's rent |
| Cap with utility-assistance agreement | 2 months' rent |
| Interest required | Yes (Comptroller rate) |
| Return deadline | 45 days |
When Can a Landlord Enter? Notice Rules
Effective October 1, 2025, Maryland landlords must give at least 24 hours' advance notice before entering a rented dwelling unit. This change was made by HB 1076, which reduced the previous 48-hour requirement. Entry must also take place at a reasonable time. The notice rule applies to inspections, repairs, showings to prospective tenants or buyers, and other routine entry purposes.
As with other states, there is an emergency exception: if a fire, flood, gas leak, or similar urgent condition threatens the property or the safety of occupants, a landlord may enter immediately without prior notice. Tenants who believe a landlord is entering unlawfully or repeatedly without notice may raise the issue with the local Rent Court or District Court. Repeated unauthorized entry can support a claim for breach of the covenant of quiet enjoyment.
Ending a Lease: Notice to Vacate
For most month-to-month tenancies in Maryland, either party must give at least 1 month's written notice to terminate. Certain counties have longer requirements: in Montgomery County and Baltimore County, some tenancies require 60 days' notice. Tenants in those counties should review their lease carefully and consult local housing resources for the applicable notice period.
Notice should always be given in writing, delivered in a way that creates a verifiable record. If a tenant fails to pay rent or violates the lease, the landlord must use the formal court process to obtain an eviction judgment. Maryland's eviction process begins with a written notice specific to the violation. For nonpayment cases, Maryland uses a "Failure to Pay Rent" (FTPR) filing. See the Maryland eviction notice guide for the notice periods and filing requirements.
Repairs and the Warranty of Habitability
Maryland recognizes an implied warranty of habitability in every residential lease. Landlords are required to maintain the premises in a condition fit for human habitation, meaning working heating and cooling, adequate plumbing and electrical systems, structural soundness, and freedom from pest infestations and other conditions that threaten health or safety.
Maryland does not have a statutory repair-and-deduct remedy. Tenants cannot unilaterally pay for repairs and subtract the cost from rent. Instead, the primary remedy for a landlord's failure to make repairs is rent escrow. Under Md. Code, Real Prop. 8-211, a tenant may petition the District Court to have rent payments deposited into an escrow account controlled by the court. The court will then order repairs, reduce rent, or release the escrowed funds depending on the landlord's compliance. Tenants should also report habitability violations to the local housing code enforcement office, which can issue violations and require corrections.
Rent, Late Fees, and Rent Control
Maryland does not set a cap on the amount of rent a landlord may charge. For month-to-month tenancies, a rent increase requires at least 1 month's advance written notice (because changing the rent effectively changes a material term of the tenancy).
Late fees in Maryland are capped at 5% of the monthly rent amount that is past due. The fee may only be charged after the rent is actually unpaid, not as a flat penalty assessed on the due date. Lease provisions that exceed the 5% cap are unenforceable.
Maryland has no statewide rent control preemption statute. This means localities are free to adopt their own rent stabilization rules. Several have done so. Takoma Park was the first city in Maryland to enact rent control and still maintains it. Montgomery County enacted a rent stabilization ordinance in 2023 that limits annual increases for covered units. Prince George's County also has a rent stabilization program. Tenants in these jurisdictions should contact the county housing department for current increase caps and exemption rules, as local ordinances have their own thresholds and covered-unit definitions separate from state law.
If You Have a Landlord-Tenant Dispute in Maryland
Maryland has specialized Rent Courts in the District Court system in most jurisdictions, making it more accessible than in many states to resolve landlord-tenant disputes without a lawyer. The first step in any dispute is documentation: keep all lease documents, written communications, rent payment receipts, and photos of the condition of the unit.
For security deposit disputes, a tenant may file in District Court (the Rent Court docket) and request up to three times the amount wrongfully withheld. For habitability issues, the rent escrow procedure under Real Prop. 8-211 is the most powerful tool available to Maryland tenants. Filing a rent escrow case requires a written lease and evidence that written notice of the defect was given to the landlord. The Maryland Attorney General's Consumer Protection Division and local legal aid organizations such as Maryland Legal Aid are also resources for tenants facing disputes or potential eviction. For complex situations, consulting a Maryland attorney who handles residential landlord-tenant matters can help protect your rights before the situation escalates.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
More Maryland Laws
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- Maryland Alimony Laws
- Maryland At-Will Employment Laws
- Maryland Car Accident Laws
- Maryland Car Seat Laws
- Maryland Child Custody Laws
- Maryland Child Support Laws
- Maryland Common Law Marriage Laws
- Maryland Data Privacy Laws
- Maryland Divorce Laws
- Maryland Dog Bite Laws
- Maryland Emancipation Laws
- Maryland Expungement Laws
- Maryland Hit and Run Laws
- Maryland Lemon Laws
- Maryland Power of Attorney Laws
Sources
- Maryland Code, Real Property Article, Section 8-203 (Security Deposits) - https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-203
- Maryland Code, Real Property Article, Section 8-211 (Rent Escrow) - https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-211
- Maryland Attorney General: Landlord-Tenant Guide - https://www.marylandattorneygeneral.gov/Pages/CPD/landtent.aspx
For a full index of state landlord-tenant laws, see Landlord-Tenant Laws by State. For eviction procedures and notice requirements, see the Maryland eviction notice guide. For squatters rights in Maryland, see Maryland Squatters Rights.