At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 2 months' rent | Applies to most residential tenancies |
| Rent control? | No statewide | Montgomery County and Takoma Park have some protections |
| Required notice to raise rent? | Varies | Depends on lease terms and local jurisdiction |
| Lease required in writing? | Yes, for leases > 12 months | Oral leases permitted for shorter terms |
| Landlord entry notice? | No statewide statute | Reasonable notice implied by courts |
Security Deposits
Maryland limits security deposits to 2 months' rent. Landlords must hold the deposit in a separate account at a Maryland financial institution and must provide the tenant with a receipt and the account information.
Landlords must return the security deposit within 45 days of the tenant vacating the unit, along with an itemized statement of any deductions. Landlords must also pay simple interest on the deposit if held for more than six months.
cite: Md. Code, Real Prop. § 8-203
Eviction Procedures
Maryland requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- Immediate filing: For nonpayment of rent, landlords may file for eviction immediately after the rent is past due (a grace period may apply depending on the lease and local rules)
- 14-Day Notice: For breach of lease; tenant must cure the breach or vacate within 14 days
- 30-Day Notice: For other lease violations or terminating month-to-month tenancies
- 60-Day Notice: For terminating certain lease agreements at the end of the term
Maryland uses a Failure to Pay Rent action in District Court for nonpayment cases, which is a streamlined process. For other evictions, landlords must file a Breach of Lease or Tenant Holding Over action.
cite: Md. Code, Real Prop. § 8-401–8-402
Rent Control
Maryland does not have a statewide rent control law. However, some local jurisdictions have enacted rent stabilization measures:
- Montgomery County: Has voluntary rent guidelines and certain tenant protections
- Takoma Park: Has a rent stabilization program that limits annual rent increases for certain residential units
Landlords in other parts of Maryland are free to set and raise rent at their discretion, subject to the terms of any existing lease agreement.
cite: Md. Code, Real Prop. § 8-208
Lease Agreements
Maryland permits oral lease agreements for tenancies of 12 months or less. Leases longer than 12 months must be in writing to be enforceable. Written leases are recommended to clearly document the terms of the tenancy.
Required Disclosures
Maryland landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties; Maryland has additional lead paint requirements beyond federal law)
- Move-in/move-out checklist: Landlords must provide a written list of existing damage before the tenant moves in
- Security deposit receipt: Including the amount, the name and address of the financial institution, and a statement of tenant rights
- Habitability: Disclosure of any known defects that may affect the health or safety of the tenant
- Owner/agent identity: The name and address of the property owner or authorized agent
- Mold: Disclosure if the landlord has knowledge of mold in the unit
cite: Md. Code, Real Prop. § 8-203–8-210
Tenant Rights
Maryland provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or filing complaints
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, national origin, sex, familial status, disability, sexual orientation, gender identity, and marital status
- Right to privacy: While there is no specific statewide statute requiring a notice period, courts generally require landlords to provide reasonable notice before entering a tenant's unit
- Rent escrow: Tenants may pay rent into an escrow account with the court if the landlord fails to address serious habitability issues
- Right to organize: Tenants have the right to organize tenant associations