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' written notice before entering a rental unit under Real Prop. 8-221. 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. Section 8-203(e)(1) sets that interest as simple interest at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater. The Maryland Department of Housing and Community Development, not the Comptroller, maintains the annual rate list and an online security deposit interest calculator. 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.

When Can a Landlord Enter? Notice Rules

Effective October 1, 2025, Maryland landlords must give at least 24 hours' written notice before entering a rented dwelling unit. HB 1076 (Chapter 564, 2025) created this rule as a new section of the Real Property Article, Real Prop. 8-221. It did not shorten an older state deadline: before October 1, 2025, Maryland had no general statewide entry-notice statute at all, though some jurisdictions, such as Prince George's County, already required notice by local law. Apart from emergencies, entry is allowed only between 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the tenant agrees in writing to another time. The written notice must state the date and approximate time of the intended entry and its specific purpose, and the rule covers 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

Real Prop. 8-402(c)(2)(i) requires a landlord to give written notice of intent to terminate 60 days before the expiration of a tenancy from month to month, or of a written lease for a stated term longer than 1 week. That 60-day period is a statewide rule rather than a local one, so a shorter notice is legally insufficient anywhere in Maryland. The statute's one express tenant timeline is different: under 8-402(c)(3)(i), a tenant who gives the landlord notice by parol (spoken notice) at least 30 days before the end of the tenancy relieves the landlord of the written-notice requirement, and that paragraph does not apply in Baltimore City. A separate provision, 8-402(c)(4), sets shorter periods for a landlord who has received a notice of intent to foreclose, and it does not apply in Baltimore City or Montgomery County or to a landlord who offers 5 or more rental units in the State. Tenants should still give notice in writing, and both parties should check the lease, which may call for more.

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's warranty of habitability is statutory, not merely implied. Under Real Prop. 8-212(c), a landlord who offers a residential dwelling unit for rent, by written or oral lease, is deemed to warrant that the unit is fit for human habitation; the section applies to the landlords, tenants, and units covered by the rent escrow statute, Real Prop. 8-211. 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. That rent-escrow rule is unchanged, but it is no longer the whole picture. Senate Bill 12 (Chapter 664), approved by the Governor on May 26, 2026 and effective June 1, 2026, added Real Prop. 8-122, which requires a landlord to provide air conditioning in residential rental units in apartment buildings with 10 or more individual dwelling units. It does not apply to a unit located on property listed on the National Register of Historic Places. Each year from June 1 through September 30, except as otherwise necessary for reasonable maintenance and repair, an air conditioning system that is not under the tenant's control must keep the unit at no more than 80 degrees Fahrenheit measured 3 feet above the floor in each habitable space, and a system that is under the tenant's control must be in good working order and capable of holding that temperature. The duty began on June 1, 2026 for newly constructed rental units and for units where, at any time on or after January 1, 2025, the landlord equipped the unit with or provided air conditioning or a lease required the landlord to provide it, and it begins on October 1, 2026 for units that undergo a renovation that includes the replacement or substantial upgrade of electrical or heating systems. The Act applies prospectively only and does not reach construction or renovation for which the building permit was issued before its effective date. Section 8-122 is a separate requirement and does not amend Real Prop. 8-211, so the rent escrow analysis that follows is unchanged except as Section 8-122 itself provides.

Maryland does not have a statutory repair-and-deduct remedy. Tenants cannot unilaterally pay for repairs and subtract the cost from rent. Two other routes exist, and rent escrow is only one of them. 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. Separately, once the tenant has given the landlord notice of the defects and the landlord has refused to repair them or has failed to do so within a reasonable time, Real Prop. 8-212(g)(1) lets the tenant bring an action for damages and abatement of rent, and lets the tenant refuse to pay rent and raise the defects as an affirmative defense to an action the landlord brings for rent or possession. Section 8-212(e) provides that relief for breach of the warranty of habitability under that section may not be conditioned on payment by the tenant of rent into escrow with the court. A landlord can defend by showing that the tenant or the tenant's household caused the condition, or that the landlord was denied reasonable entry to repair it, so document everything and keep proof of the notice you gave. 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. If your landlord does not automatically provide one, our rent receipt generator can create a receipt for each rent payment you make.

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 one route, and an action for damages and abatement of rent under Real Prop. 8-212 is another, with relief under that section expressly not conditioned on paying rent into escrow. 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

• Maryland Property Records
• Maryland Restraining Order Laws
• Maryland Squatters Rights Laws
• Maryland Unclaimed Property

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' written notice before entering a rental unit under Real Prop. 8-221, a section added by HB 1076. Maryland had no general statewide entry-notice statute before that date. Apart from emergencies, entry is limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, unless the tenant agrees in writing to another time. In an emergency 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?

A Maryland landlord must give 60 days' written notice before the end of a month-to-month tenancy under Real Prop. 8-402(c)(2)(i), and that is a statewide requirement rather than a county rule. The statute's express tenant provision is narrower: a tenant who gives the landlord spoken (parol) notice at least 30 days before the end of the tenancy relieves the landlord of the written-notice requirement, except in Baltimore City. Give notice in writing anyway, and check your lease for a longer period.

Can I withhold rent for repairs in Maryland?

Maryland does not allow repair-and-deduct. Tenants can petition the District Court to place rent in escrow under the rent escrow statute (Real Prop. 8-211), and the court will order repairs or adjust rent based on the landlord's compliance. Escrow is not the only path: after notice and a failure to repair, Real Prop. 8-212(g) lets a tenant sue for damages and abatement of rent, and lets a tenant refuse to pay rent and raise the defects as an affirmative defense if the landlord sues for rent or possession. Section 8-212(e) says relief under that section may not be conditioned on paying rent into escrow with the court. Withholding rent still carries real risk of an eviction filing, so document the defects, give written notice, and 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.