Maryland Security Deposit Law
Maryland rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: 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. Md. Code, Real Prop. § 8-203(b)(1)-(3)
The rules 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)). |
|---|---|
| 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). |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Maryland vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| 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) | 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. Md. Code, Real Prop. § 8-203(g), (j), (k) |
| 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) | Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. 25 Del. C. § 5514(f) |
| 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)) | Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. Act § 512(a)-(b) (68 P.S. § 250.512) |
| 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) | Required: written notice itemizing the deposit and any deductions, damages and charges, delivered with any refund within the 45-day period. Va. Code 55.1-1226(A) |
| 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') | Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. W. Va. Code §§ 37-6A-2(a), 37-6A-3 |
| 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) | Within 45 days, written notice of any claimed unpaid rent, damage beyond ordinary wear and tear, or cost of removing abandoned items, with supporting documentation and a statement of the tenant's right to dispute. Tenant has 30 days to dispute; landlord must respond within 10 days. Ordinary wear and tear may not be charged. D.C. Code § 42-3502.17(c), (e) |
City rules that may add to state law
More Maryland rental law
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- Squatters' Rights in Maryland
- Maryland Rental Fee Rules
- Maryland Section 8, Records & Right to Counsel
- Maryland Mold, Pests, Heat & AC Rules
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- All Maryland landlord-tenant rules
- Free legal help in Maryland
Compare security deposits in all 50 states and DC →
Maryland Security Deposit Law FAQ
How much can a landlord charge for a security deposit in 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))
How long does a landlord have to return a security deposit in Maryland?
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))
Does a landlord in Maryland have to give an itemized list of deposit 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. (Md. Code, Real Prop. § 8-203(g), (j), (k))
Does a landlord have to pay interest on a security deposit in Maryland?
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. (Md. Code, Real Prop. § 8-203(e)(1)-(3))
What happens if a landlord in Maryland wrongfully keeps a security deposit?
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. (Md. Code, Real Prop. § 8-203(e)(4))
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.