Maryland
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 heat, adequate plumbing and electrical systems, structural soundness, and freedom from pest infestations and other conditions that threaten health or safety. Maryland's rent-escrow statute (Real Prop. 8-211) expressly presumes that the absence of air conditioning, on its own, is not a covered defect.
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.
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.
More Maryland Laws
Frequently Asked Questions
How long does a landlord have to return my security deposit in Maryland?
Maryland landlords must return the security deposit within 45 days after the tenancy ends. The return must include an itemized list of deductions and an accounting of interest earned. If the landlord fails to return the deposit on time or provides an incomplete itemization, the tenant may recover up to three times the withheld amount plus attorney fees.
What is the maximum security deposit in Maryland?
In most Maryland rentals, the security deposit is capped at 1 month's rent. A 2-month cap is allowed only when the tenant qualifies for utility assistance and both parties agree in writing. The deposit must be held in an interest-bearing account.
How much notice must a landlord give before entering in Maryland?
As of October 1, 2025, Maryland landlords must give at least 24 hours' notice before entering a rental unit (reduced from 48 hours by HB 1076). Entry must be at a reasonable time. In emergencies such as fire or flooding, a landlord may enter without advance notice.
How much notice is needed to end a month-to-month lease in Maryland?
Most Maryland month-to-month tenancies require 1 month's written notice from either the landlord or the tenant. Montgomery County and Baltimore County require 60 days for some tenancies. Check your county's rules and your lease for the applicable period.
Can I withhold rent for repairs in Maryland?
Maryland does not allow repair-and-deduct. Instead, tenants can petition the District Court to place rent in escrow under the rent escrow statute (Real Prop. 8-211). The court will order repairs or adjust rent based on the landlord's compliance. Tenants should also notify local code enforcement to create an official inspection record.
Can a landlord raise rent in Maryland?
Maryland has no statewide rent control. For a month-to-month tenancy, a landlord must give 1 month's notice before a rent increase takes effect. Tenants in Takoma Park, Montgomery County, and Prince George's County may be protected by local rent stabilization ordinances that cap annual increases. Check with your county housing office for current limits.
What is the late fee cap in Maryland?
Maryland caps late fees at 5% of the amount of rent that is past due. A lease cannot impose a higher penalty. The fee can only be charged after rent is actually late, not as a pre-set charge applied on the due date.
Updates
Corrected the habitability/rent-escrow description: Maryland's rent-escrow statute (Real Prop. 8-211) presumes the absence of air conditioning is NOT a covered defect, so 'working cooling' was removed from the list of required conditions; the heat requirement, which the statute does enumerate, stays.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Real Property Article
§ 8-203In force
§8–203. (a) (1) In this section the following words have the meanings indicated. (2) “Landlord” means a landlord or a prospective landlord. (3) “Security deposit” means any payment of money, including payment of the last month’s rent in advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common areas, major appliances, and furnishings. (4) “Tenant” means a tenant or a prospective tenant. (b) (1) Except as provided in paragraph (2) of this subsection, a landlord may not impose a security deposit in excess of the equivalent of 1 month’s rent per dwelling unit, regardless of the number of tenants. (2) A landlord may impose a security deposit in an amount equivalent to up to 2 months’ rent if: (i) The tenant is eligible and has qualified for utility assistance through the Department of Human Services; (ii) The lease agreement requires that the tenant make payments for utility services directly to the landlord; and (iii) The tenant and landlord agree in writing to the amount of the security deposit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 4 court opinionsMost recently applied by a court: 2024
Leading cases:
- Converge Services Group, LLC v. Curran (Court of Appeals of Maryland 2004, 383 Md. 462)“…Maryland Security Deposit Law and Application Fee Law, Md.Code Ann., Real Property, §§ 8-203 5 and 8-213 6…”
- Frankel v. Friolo (Court of Special Appeals of Maryland 2006, 170 Md. App. 441)“…and had not returned their security deposit in violation of Md.Code Ann., Real Prop. § 8-203 (2003 Repl.Vol.). 7 Id.…”
- Cerrato v. Garner (Court of Special Appeals of Maryland 2023)“…ximum and mere acceptance of advance rent does not suffice. Md. Code Ann., Real Prop. § 8-203(b). Circuit Court for Anne Arundel Cou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 8-211In force
§8–211. (a) (1) The purpose of this section is to provide tenants with a mechanism for encouraging the repair of serious and dangerous defects which exist within or as part of any residential dwelling unit, or on property used in common of which the dwelling unit forms a part. (2) The defects sought to be reached by this section are those which present a substantial and serious threat of danger to the life, health, and safety of the occupants of the dwelling unit, and not those which merely impair the aesthetic value of the premises, or which are, in those locations governed by such codes, housing code violations of a nondangerous nature. (3) The intent of this section is not to provide a remedy for dangerous conditions in the community at large which exists apart from the leased premises or the property in common of which the leased premises forms a part. (b) It is the public policy of the State that meaningful sanctions be imposed on a landlord that allows dangerous conditions and defects to exist in leased premises, and that an effective mechanism be established for repairing these conditions and halting their creation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 5 court opinionsMost recently applied by a court: 2026
Leading cases:
- Dicicco v. Balt. Cnty. (Court of Special Appeals of Maryland 2017, 232 Md. App. 218)“…229 own laws to remedy and regulate building dangers. See Md. Code Ann., Real Property, § 8-211 (setting out the duty of landlords to r…”
- Durham v. Home Partners Holdings, LLC (District Court, D. Maryland 2024)“…tial threat to the life, health, or safety of occupants.” Md. Code Ann. Real Prop., § 8-211(d). Such conditions include: (1) a la…”
- Hall (District Court, D. Maryland 2026)“…that the right did not exist. ECF No. 17-1 at 19 (citing Md. Code, Real Prop. § 8-211(h)); see Md. Code, Com. Law § 14-202(8)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Md. Code, Real Prop. 8-203 (Security Deposits)(mgaleg.maryland.gov).gov
- Md. Code, Real Prop. 8-211 (Rent Escrow)(mgaleg.maryland.gov).gov
- Maryland Attorney General: Landlord-Tenant Guide(marylandattorneygeneral.gov).gov