Maryland Landlord-Tenant Law
The rules for renting in Maryland — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Maryland
- Security deposit limit
- 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3)
- Deposit return deadline
- Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1)
- Notice for unpaid rent
- Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c)
- Ending a month-to-month lease
- Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year). Md. Code, Real Prop. § 8-402(c)(2)-(3)
- Landlord entry notice
- Written notice at least 24 hours in advance stating the approximate date/time and specific purpose; entry only 7:00 a.m.-7:00 p.m., Monday-Saturday, unless the tenant agrees in writing to another time or shorter notice. Permitted purposes include repairs/maintenance, inspections, showing the unit, safety, government-ordered work, and responding to a written tenant request. No notice needed in an emergency. Md. Code, Real Prop. § 8-221
- Rent control / increase limits
- No statewide rent control or statewide cap on rent increases. Local jurisdictions may adopt rent regulation (statewide preemption not found). Md. Office of the Attorney General, 'Landlords and Tenants: Tips on Avoiding Disputes' (Rev. Feb. 2025); DHCD Tenants' Bill of Rights (eff. Oct 1, 2026)
Last verified against official sources: 2026-10-23
Security Deposits in Maryland
| Security deposit limit | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Cap reduced from 2 months to 1 month by the Renters' Rights and Stabilization Act of 2024 (HB 693), effective Oct 1, 2024. The DHCD Tenants' Bill of Rights (effective Oct 1, 2026) says deposits up to 2 months' rent remain valid for leases signed before Oct 1, 2024. Separately, a landlord may not require more than the security deposit plus the first month's rent before move-in (§ 8-208(d)(11)). |
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| Deposit return deadline | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. A tenant who was evicted or abandoned the unit before the lease ended must mail the landlord a written request for the deposit within 45 days of leaving. The landlord then has 45 days from that notice (per DHCD Tenants' Bill of Rights and AG guide). |
| Itemized deductions | Within 45 days after the tenancy ends, the landlord must send a written list of damages claimed plus an itemized statement of the cost of each (with supporting documentation; cost estimates allowed) by first-class mail to the tenant's last known address. If the landlord does not, it forfeits the right to withhold any of the deposit for damages. Where estimates were used, the landlord must notify the tenant when repairs are done and refund any excess within 30 days. Move-out inspection right: if the tenant notifies the landlord by certified mail at least 15 days before moving (giving move date and new address), the tenant may attend the inspection, which must occur within 5 days before or after the move date. Failure by the landlord to comply forfeits the right to withhold for damages (§ 8-203(f)). |
| Interest on deposits | Required. Simple interest accrues monthly from the date the deposit is paid. The rate is the greater of the 1-year U.S. Treasury yield-curve rate as of the first business day of each year, or 1.5% per year. No interest is owed unless the landlord held the deposit at least 6 months, none accrues for partial months, and it applies only to deposits of $50 or more. DHCD publishes a Rental Security Deposit Calculator and rate list that landlords may rely on (§ 8-203(m)-(n)); it is linked from the DHCD Office of Tenant and Landlord Affairs page. |
| Penalty for withholding | If the landlord fails to return the deposit and interest within 45 days without a reasonable basis, the tenant may sue for up to 3 times the withheld amount plus reasonable attorney's fees. Deposit provisions cannot be waived in a lease (§ 8-203(l)). Landlord must give a written receipt for the deposit, included in any written lease (§ 8-203(c), § 8-203.1). |
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Eviction in Maryland
| Notice for unpaid rent | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. The 10-day pre-filing notice was added by 2023 legislation. DHCD's Tenants' Bill of Rights notes that longer notice may be required for tenants with state- or federally-funded housing subsidies, and that in a failure-to-pay-rent case 'rent' means base rent only, not utility or maintenance charges or penalties. Source: Md. Code, Real Prop. § 8-401(c) |
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| Notice for lease violations | 30 days' written notice that the tenant is in violation of the lease and that the landlord wants to repossess; 14 days' written notice if the breach involves behavior showing a clear and imminent danger of serious harm. The court may evict only if it finds the breach was substantial and warrants eviction. Appeal to circuit court must be filed within 10 days of judgment (§ 8-402.1(b)(2)). |
| Lockouts & utility shutoffs | Prohibited. A landlord may not take or threaten to take possession by locking out the tenant, willfully cutting heat, running water, hot water, electricity, or gas to force the tenant out, or by any other action. Possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment/surrender. Remedy: actual damages plus reasonable attorney's fees and costs; other remedies also available. No fixed statutory damages amount. Landlord may temporarily secure an unsecured property (including changing locks) if it makes good-faith efforts to notify the tenant they may be promptly restored to possession (§ 8-216(d)). Leases may not allow taking possession or the tenant's property without legal process (§ 8-208(d)(6)). Source: Md. Code, Real Prop. § 8-216 |
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Notice to Vacate in Maryland
| Ending a month-to-month lease | Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year). Statute allows a tenant to give oral notice (provable by testimony); DHCD's Tenants' Bill of Rights advises written notice. The tenant-notice paragraph does not apply in Baltimore City, where per DHCD tenants need give only 30 days' notice to end any tenancy unless the lease requires more (Baltimore City Public Local Law § 9-16). If a small landlord (fewer than 5 units, outside Baltimore City and Montgomery County) has received a notice of intent to foreclose, shorter notice applies: 30 days (month-to-month/week-to-week) or 60 days (year-to-year) (§ 8-402(c)(4)). Farm tenancies differ (180 days). A landlord that has already given notice of termination is exempt from the separate rent-increase notice rule (§ 8-209). |
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Landlord Entry in Maryland
| Landlord entry notice | Written notice at least 24 hours in advance stating the approximate date/time and specific purpose; entry only 7:00 a.m.-7:00 p.m., Monday-Saturday, unless the tenant agrees in writing to another time or shorter notice. Permitted purposes include repairs/maintenance, inspections, showing the unit, safety, government-ordered work, and responding to a written tenant request. No notice needed in an emergency. Enacted by 2025 Md. Laws ch. 564 (HB 1076), approved May 13, 2025, effective October 1, 2025 (https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1076?ys=2025RS). Notice may be mailed first-class with a certificate of mailing, posted on the door, or sent electronically if the tenant chose that method. Remedies: injunction and/or damages for breach of quiet enjoyment. A tenant alleging a housing code violation must allow access within 24 hours after notifying the landlord (§ 8-221(f)). A 2026 bill to allow entry without notice for tenant-requested repairs (SB 635) did not pass. Source: Md. Code, Real Prop. § 8-221 |
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Repairs & Habitability in Maryland
| Repair and deduct | No statute Maryland's statute provides court-supervised rent escrow rather than self-help repair-and-deduct. The AG's guide warns that withholding rent outside the escrow process risks eviction. |
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| Withholding rent | Rent escrow. If the landlord fails to fix serious conditions (lack of heat, light, electricity, hot or cold water; inadequate sewage; rodent infestation in 2+ units; dangerous structural defects; fire or health hazards) within a reasonable time after notice, the tenant may file a rent escrow action and pay rent into court, or withhold rent and raise the conditions as a defense to an eviction. Notice can be certified-mail written notice, actual notice, or a government violation notice. More than 30 days after notice is presumed unreasonable. Court may abate rent (rebuttable presumption of abatement of prospective rent), order repairs, terminate the lease, or release escrowed funds for repairs. Barred if the tenant has 3 prior rent judgments in the last 12 months (monthly tenancies; different limits for weekly), or if the tenant/guests caused the defect or denied access. Prevailing tenant may recover attorney's fees (§ 8-211(o)). Cosmetic defects and lack of air conditioning are presumed not to qualify (§ 8-211(e)(2)), though DHCD's Bill of Rights notes a separate A/C requirement for certain buildings with 10+ units. Baltimore City has its own very similar rent escrow law (AG guide); § 8-211(q) lets more-protective local laws stand. |
| Retaliation protection | Landlord may not bring or threaten a possession action, arbitrarily raise rent or reduce services, or terminate a periodic tenancy because the tenant made a good-faith complaint (to the landlord or a public agency) about a lease/law violation or a substantial health or safety threat, sued or testified in a suit involving the landlord, joined a tenants' organization, or called police/emergency services. Remedy: damages up to 3 months' rent plus reasonable attorney's fees and costs. No presumption period. An action taken more than 6 months after the tenant's protected act is not retaliatory (§ 8-208.1(e)). Tenant must be current on rent unless lawfully withholding (escrow) (§ 8-208.1(d)). Bad-faith tenant claims can result in fees awarded to the landlord. State law overrides any less-protective local ordinance (§ 8-208.1(g)). Source: Md. Code, Real Prop. § 8-208.1 |
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Rent Increases & Late Fees in Maryland
| Rent control / increase limits | No statewide rent control or statewide cap on rent increases. Local jurisdictions may adopt rent regulation (statewide preemption not found). Rent-increase notice is statutory: written notice at least 90 days before an increase for tenancies over 1 month, 60 days for tenancies over 1 week up to 1 month, and 7 days (written lease) / 21 days (no written lease) for weekly tenancies (Real Prop. § 8-209(b)(3)). Local rent stabilization exists in Montgomery County: for July 1, 2026 – June 30, 2027 the allowance is 5.2% (the lesser of CPI-U + 3% or 6%), Montgomery County Code §§ 29-57, 29-58 (https://www.montgomerycountymd.gov/department-housing-community-affairs/rent-stabilization/rent-stabilization-increases-limitations). Takoma Park and Prince George's County also have local rules; see the county pages. |
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| Late fees | Capped at 5% of the amount of unpaid rent for the rental period. For weekly rent: no more than $3 per week, with a total of no more than $12 per month. No statutory grace period. Lease terms exceeding the cap are unenforceable (§ 8-208(g)). The AG's guide notes a grace period may come only from the lease or local law. |
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Breaking a Lease in Maryland
| Ending a lease: domestic violence | A tenant who is, or whose legal occupant is, a 'victim of abuse' may end future lease liability with written notice of intent to vacate, sent by first-class mail or hand delivery, stating the victim status. The notice must include one of these: a protective order, a peace order based on abuse, or a qualified third party's report signed within the past 60 days with the alleged abuser's name and description redacted. The tenant has 30 days to move out and owes rent only from the notice date until move-out, up to 30 days. A tenant who leaves sooner must send a signed, notarized notice of vacating by first-class mail or hand delivery; the landlord must then inspect and confirm the rent owed or refund due. If the tenant has not left within 30 days, the landlord may treat them as a holdover or treat the notice as withdrawn. The abuser's liability does not end. The definition of 'victim of abuse' (§ 8-5A-01) was not reviewed. Confirm whether it covers sexual assault and stalking. § 8-5A-03: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-5A-03&enactments=false |
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| Ending a lease: military, medical, death | Military: an active service member, or the member's spouse, who receives a change of assignment owes no more than rent then due plus 30 days' rent after giving written notice and proof, plus repair costs for damage. A change of assignment includes PCS orders, temporary duty over 90 days, orders to move on base, and release from active duty. Medical: a tenant owes no more than 2 months' rent after moving out if, before vacating, they give written notice with a move-out date and a certification from a Maryland-licensed physician or psychologist, on letterhead or a prescription form. The certification must state that a medical condition restricts mobility, requires a move for a higher level of care, or is a mental disorder making continued residence unfeasible. The medical rule does not apply if the lease already has an early-termination clause requiring 1 month's notice or less and charging 2 months' rent or less. § 8-212.1: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-212.1&enactments=false. No tenant-death statute was checked. |
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Squatters & Abandoned Property in Maryland
| Squatters / unauthorized occupants | Wrongful detainer action in District Court against anyone who holds real property without a right to possession, where no landlord-tenant (Title 8) remedy applies. The court must summon the occupant at once, and the hearing must be held no more than 10 business days after the complaint is filed. If the occupant cannot be found after two good-faith attempts on different days, the process server files an affidavit, sends the complaint by certified and first-class mail, and posts the summons on the property. Service must be completed within 4 business days of filing. No counterclaims are allowed. If the owner wins, the court orders restitution and issues a warrant to the sheriff or constable. Damages, costs and attorney fees are available if claimed and the occupant was personally served. Either side may appeal within 10 days. The 10-business-day hearing and 4-business-day service rules match the 2025 anti-squatting legislation described in news reports. The enacting bill number was not confirmed. Source: Md. Code, Real Prop. § 14-132 |
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| Belongings left behind | No statewide storage-and-sale procedure. At eviction, the warrant of restitution directs the sheriff or constable to remove the tenant's belongings. At least 6 days before the scheduled eviction, the landlord must send written notice by first-class mail with certificate of mailing, post it on the front door (with a date-stamped photo), and text or email it if the landlord has that contact information. The notice must include a statutory warning that the tenant could lose all belongings left inside and that local disposal laws vary. A lease may not let the landlord take the tenant's property unless the tenancy has ended and the property was abandoned. Disposal is governed by local law. No state statute was found for property left behind after a voluntary move-out. Check county and city codes (for example Baltimore City and Montgomery County). |
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Rental Fees in Maryland
| Application / screening fees | There is no dollar cap. If any non-deposit fee charged to an applicant exceeds $25, the landlord must return it within 15 days after move-in or after either party says in writing that no tenancy will occur. The landlord may keep only the amount actually spent on a credit check or other application expenses. Penalty for not returning it: twice the fee. The application must explain the tenant's liabilities and these rules. Does not apply to landlords offering 4 or fewer units on one parcel or location, or to seasonal or condominium rentals. No portable-screening-report statute was found. Source: Md. Code, Real Prop. § 8-213 |
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| Other rental fees | Move-in cap: a lease may not require more than the security deposit plus the first month's rent to start the lease and move in. Late fees are capped at 5% of the unpaid rent (weekly leases: $3 a week, $12 a month). A lease may not make the tenant pay the District Court filing surcharge assessed against the landlord, except as § 7-301(c)(5)(ii) of the Courts Article allows. The landlord may charge no more than $5 for the 6-day eviction notice. The lease must include the Maryland Tenants' Bill of Rights. No general statewide ban on convenience or online-payment fees and no total-cost-of-rent disclosure statute was found. |
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Section 8, Records & Right to Counsel in Maryland
| Section 8 / source of income | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Exemptions in §§ 20-703 and 20-704 (such as owner-occupied buildings) were not reviewed. |
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| Eviction record sealing | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. The automatic shielding reportedly took effect Oct. 1, 2024 (secondary source; not confirmed in session-law text). § 8-503 cross-references the redemption right as '§ 8-401(g)', but redemption now appears at § 8-401(h), probably a renumbering. |
| Right to a lawyer in eviction | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Implementation is reportedly phased in and depends on funding. The later sections (§§ 8-904 and following) on phase-in and funding were not reviewed. § 8-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-901&enactments=false |
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Mold, Pests, Heat & AC in Maryland
| Mold | Yes, by statute (Maryland Tenant Mold Protection Act, effective July 1, 2025). Landlords must give each tenant the state mold information pamphlet when the lease is signed and on request, and ask the tenant to sign an acknowledgment. Within 15 days after written notice of mold from the tenant, a building occupant or the local housing-code agency, the landlord must do a mold assessment. If mold is found, the landlord must remediate it within 45 days after the assessment, or within a reasonable time if 45 days isn't feasible. Assessment and remediation must follow industry guidelines and state and local law. The landlord must keep the property properly ventilated with low indoor humidity, communicate with occupants during the work, and meet minimum livability codes. Session law: https://mgaleg.maryland.gov/2025RS/Chapters_noln/CH_539_sb0856e.pdf. The Department of the Environment must adopt uniform mold assessment and remediation standards by June 1, 2027. Mold that creates a serious health hazard may also support rent escrow under Real Prop. § 8-211. |
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| Pests & bed bugs | No bed-bug-specific statute. A rodent infestation in two or more units is a listed serious defect: if the landlord fails to fix it within a reasonable time after notice (over 30 days is presumed unreasonable), the tenant may use rent escrow. Other infestations that create a health hazard can also qualify. The state Minimum Livability Code, which adopts the International Property Maintenance Code, applies where no substantially similar local code exists. COMAR 09.12.54.03: https://regs.maryland.gov/us/md/exec/comar/09.12.54.03. The IPMC's pest-extermination allocation rules were not reproduced on the state site and are not quoted here. County and city codes (e.g., Baltimore City, Montgomery County) often have more specific pest rules. |
| Heat | Lack of heat is a listed serious defect: if the landlord doesn't fix it within a reasonable time after notice, the tenant can use rent escrow. This does not apply when the tenant pays the utility and the lack of heat is from the tenant's own nonpayment. No state statute sets a minimum temperature. The state Minimum Livability Code adopts the 2012 International Property Maintenance Code, which contains heating standards, for housing in localities without a substantially similar local code. COMAR 09.12.54.04 (application): https://regs.maryland.gov/us/md/exec/comar/09.12.54.04. The specific IPMC temperature and heating-season figures were not read on an official state page. Most populous jurisdictions have their own housing codes with set temperatures. |
| Air conditioning | No statewide requirement to provide air conditioning. Under the rent-escrow statute, there is a rebuttable presumption that the absence of air conditioning is not a covered serious defect, unless it poses a serious and substantial threat to life, health or safety. Some counties have local air-conditioning requirements for rentals. These were not verified here. Separately, evictions are stayed during excessive-heat warnings (Real Prop. § 8-401(f)). |
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Privacy, Guests & Animals in Maryland
| Cameras & privacy | No landlord-specific statute, but strong criminal rules apply. A person may not place a camera on real property where a private residence is located to deliberately and secretly observe someone inside the residence. It is not a defense that the defendant owns the residence. Exceptions include cameras placed with an adult resident's consent and cameras without intent to secretly observe people inside. Violations are a misdemeanor (up to 1 year and/or $2,500) and give the person observed a civil claim for damages and attorney fees. Secret surveillance with prurient intent in a private place such as a bedroom or bathroom is separately a crime. Recording private conversations generally requires the consent of ALL parties. § 3-902: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr§ion=3-902&enactments=false. § 10-402: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=10-402&enactments=false. § 3-903(b)(8) exempts certain licensed security professionals observing common areas of multiunit dwellings. |
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| Guests & occupants | No statute — the lease governs guests, occupancy limits and roommates. Maryland's landlord-tenant title doesn't define guest versus tenant or give roommate rights. Fair housing law bars discrimination based on familial status and marital status. Occupancy limits come from local housing codes or the state Minimum Livability Code (COMAR 09.12.54). |
| Service & support animals (state law) | A person with a disability (or a parent of a minor child with a disability) who has or wants a service animal is entitled to full and equal access to housing, and cannot be charged extra for the service animal. The tenant may be liable for damage the animal causes. State law defines 'service animal' as an animal individually trained to do work or tasks for a person with a disability. State fair housing law also bans disability discrimination in rentals. No state statute sets documentation rules for emotional support animals or penalizes misrepresenting an animal. § 7-701: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghu§ion=7-701&enactments=false. The § 7-704(c) housing access rule doesn't apply where occupants rent out no more than one room in a single-family home. Emotional support animals are covered through federal Fair Housing Act reasonable-accommodation rules. |
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How eviction works in Maryland
Eviction cases are heard in: District Court of Maryland (in the county where the property is located); appeals to the circuit court.
- Notice: for unpaid rent, written 10-day notice of intent to file (form DC-CV-115) (§ 8-401(c)); for breach of lease, 30 days' written notice (14 days for clear and imminent danger) (§ 8-402.1); for holdover, written notice to quit per § 8-402(c) (60 days for month-to-month).
- Landlord files a sworn complaint in District Court (failure to pay rent: form DC-CV-082) stating rent and late fees due (§ 8-401(b)).
- Summons issued; sheriff/constable mails notice and serves or posts it. In failure-to-pay-rent cases the trial is set for the fifth day after filing (§ 8-401(b)(4)). A money judgment against a residential tenant requires personal service.
- Trial: court may adjourn up to 1 day (longer only by consent). Tenant may pay all rent, late fees, and costs at trial to end the case (§ 8-401(e)).
- Judgment for possession: in rent cases, possession must be surrendered within 4 days after trial (extendable by physician's certificate up to 15 days); if not within 7 days, landlord may petition for a warrant of restitution (form DC-CV-081) (§ 8-401(e)-(f)). The Judiciary's housing page describes the wait as 7 business days.
- Landlord must order the warrant within 60 days of judgment (or end of any stay) or the judgment is stricken; warrant expires if not acted on within 60 days (§ 8-401(f)).
- Landlord must give the tenant written notice at least 6 days before the scheduled eviction (local jurisdictions may set 4 to 14 days) (§ 8-407(b), (e)).
- Removal by the sheriff or constable. Evictions are stayed day-to-day for extreme weather (32°F or below, winter storm/blizzard, hurricane/tropical storm, or excessive heat warnings) (§ 8-401(f)). No evictions on Sundays or holidays (Md. Judiciary).
No written answer required in rent cases; failure-to-pay-rent trial is scheduled for the fifth day after the complaint is filed (§ 8-401(b)(4)). Appeal: within 4 days of judgment in rent cases (§ 8-401(i)) — Judiciary materials describe this as 4 business days — and within 10 days in breach-of-lease cases (§ 8-402.1(b)(2)). Right of redemption: tenant may stop a rent eviction by paying all amounts due plus court costs before the eviction is executed, unless the tenant had 3 possession judgments for unpaid rent in the prior 12 months (4 in Baltimore City, per the Judiciary) (§ 8-401(h)).
Source: Md. Code, Real Prop. §§ 8-401, 8-402, 8-402.1, 8-407; Maryland Judiciary, Housing / Eviction Cases
What surprises people about Maryland rental law
- Landlords must attach the current DHCD Maryland Tenants' Bill of Rights to every residential lease and may not modify it; the version effective Oct 1, 2026 is current (DHCD, https://dhcd.maryland.gov/housing/renter-landlord-resources/tenants-bill-rights).
- Security deposits are capped at 1 month's rent since Oct 1, 2024 (Renters' Rights and Stabilization Act of 2024), and tenants who pay more than the cap can recover up to 3x the excess (Real Prop. § 8-203(b)).
- Tenant right of first refusal: tenants who have lived at least 6 months in a 1-3 unit rental and are named on a written lease get 30 days to make an offer before the owner sells to a third party; the state law preempts local right-of-first-refusal laws; fines up to $1,000 per violation (Real Prop. § 8-119).
- A District Court filing surcharge of up to $43 per summary ejectment (rent) case is assessed against the landlord and cannot be charged to the residential tenant as a court cost, except it may be deducted from the security deposit if the landlord wins possession and the lease allows it; Baltimore City adds up to $10 (Cts. & Jud. Proc. § 7-301(c); lease bar in Real Prop. § 8-208(d)(13)).
- Leases may not require tenants to receive rent-increase notices electronically, penalize calls to police or emergency services, or require more than the deposit plus first month's rent up front (Real Prop. § 8-208(d)).
- Statewide landlord-entry rule: 24 hours' written notice and entry only 7 a.m.-7 p.m., Monday-Saturday, absent emergency or written tenant consent (Real Prop. § 8-221).
- Evictions are paused day-to-day during freezing temperatures (32°F or below) and severe weather warnings (Real Prop. § 8-401(f)).
- Income-eligible tenants (50% of area median income or less) may get a free lawyer through the Access to Counsel in Evictions program — call 211 or visit legalhelpmd.org (DHCD Tenants' Bill of Rights).
- 2026 laws effective Oct 1, 2026: landlords must offer tenants positive rent-payment reporting to credit bureaus (fee capped at the lesser of actual cost or $10/month) and the Fair Chance Housing Act limits criminal-history screening by landlords with more than 5 properties (DHCD Tenant and Landlord Affairs page).
Federal law that also applies in Maryland
These federal rules apply on top of Maryland law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Maryland
These cities add their own tenant protections on top of state law:
Eviction by county in Maryland
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Montgomery County (Rockville, Silver Spring)
- Eviction in Baltimore City
- Eviction in Prince George's County (Upper Marlboro, Hyattsville)
- Eviction in Baltimore County (Towson)
- Eviction in Anne Arundel County (Annapolis)
- Eviction in Howard County (Ellicott City)
For landlords
How to evict a tenant in Maryland — steps, cost, timeline and forms.
Common Maryland questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Maryland compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) |
| Delaware | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i) | 20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f) | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c) |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) |
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) |
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) |
| District of Columbia | May not exceed the initial monthly rent (one month's rent), and must be held in an interest-bearing account. 14 DCMR §§ 308-311; D.C. Code § 42-3502.17 (as summarized in OTA Tenant Bill of Rights, Form OTA 2026.09.25) | Within 45 days after the tenant vacates, the landlord must either return the deposit (with interest for tenancies of 12+ months) or give written notice of amounts claimed. If amounts are claimed, the balance must be returned within 30 days after that notice. 14 DCMR § 309; D.C. Code § 42-3502.17(e) | At least 10 days' written notice of intent to file before filing a nonpayment eviction, on the statutory form (amount owed, ledger, right to cure, tenant-help phone numbers), sent by certified/tracked mail plus hand delivery or posting. No eviction case may be filed if less than $600 is owed, and no eviction for unpaid late fees. D.C. Code §§ 42-3505.01(a)(1), (a-1); 16-1501 |
Maryland landlord-tenant FAQ
How much can a landlord charge for a security deposit in Maryland?
How long does a landlord have to return a security deposit in Maryland?
Does a landlord have to pay interest on a security deposit in Maryland?
Does a landlord in Maryland have to give an itemized list of deposit deductions?
What happens if a landlord in Maryland wrongfully keeps a security deposit?
How much notice does a landlord have to give before evicting for unpaid rent in Maryland?
How much notice is required to evict for a lease violation in Maryland?
How much notice is needed to end a month-to-month lease in Maryland?
Can a landlord enter without notice in Maryland?
Is there a limit on late fees in Maryland?
Can a tenant repair and deduct from rent in Maryland?
Can a tenant withhold rent for repairs in Maryland?
Can a landlord retaliate against a tenant for complaining in Maryland?
Is there rent control or a limit on rent increases in Maryland?
Can a landlord change the locks or shut off utilities in Maryland?
What is the small claims court limit in Maryland for a deposit dispute?
How do you remove a squatter in Maryland?
What can a landlord do with a tenant's abandoned property in Maryland?
Is there a limit on rental application fees in Maryland?
What rental fees are banned or limited in Maryland?
Can a domestic violence survivor break a lease in Maryland?
When can a tenant break a lease without penalty in Maryland?
Can an eviction record be sealed or removed in Maryland?
Can a landlord refuse Section 8 vouchers in Maryland?
Do tenants have a right to a free lawyer in eviction cases in Maryland?
What does a Maryland notice to pay rent or quit have to include?
What does a Maryland notice to end a month-to-month tenancy have to include?
What must a Maryland security deposit itemization include?
How long does a landlord have to sue for unpaid rent in Maryland?
Can a landlord accept rent during an eviction in Maryland?
Can you be evicted in the winter in Maryland?
Can a landlord give notice by text or email in Maryland?
How much notice is required for a rent increase in Maryland?
Does a landlord have to give a copy of the lease in Maryland?
What are tenants' rights in a foreclosure in Maryland?
Does a landlord have to fix mold in Maryland?
Who pays for pest control and bed bugs in Maryland?
Does a landlord have to provide heat in Maryland?
Does a landlord have to provide air conditioning in Maryland?
What can a landlord deduct from a deposit for cleaning or damage in Maryland?
Can a landlord put cameras in or around a rental in Maryland?
Can a landlord limit guests or roommates in Maryland?
Can a landlord deny a service or emotional support animal in Maryland?
Official resources for Maryland
- DHCD Office of Tenant and Landlord Affairs
- Maryland Tenants' Bill of Rights (DHCD)
- Maryland Tenants' Bill of Rights PDF (effective Oct 1, 2026)
- Maryland Judiciary: Housing / Eviction Cases
- Maryland Attorney General: Landlords and Tenants — Tips on Avoiding Disputes (Rev. Feb. 2025)
- Real Property § 8-203 (security deposits)
- Real Property § 8-401 (failure to pay rent)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.