Landlord Guide to Renting in Maryland
Maryland landlord-tenant law is governed by the Maryland Code, Real Property Article, Title 8 (Md. Code, Real Prop. §§ 8-101 through 8-604). Maryland provides detailed rules for security deposits, habitability, lease terms, and eviction procedures. Security deposits are capped, and landlords must follow strict deposit return timelines. Several Maryland counties and municipalities have additional local regulations.
This is not legal advice. The information in this guide is provided for general informational purposes only and does not constitute legal, financial, or professional advice. Laws vary by jurisdiction and change frequently. Always consult a qualified legal professional before making decisions about tenancy agreements, deposits, or landlord obligations.
Starting a Tenancy
Lease Agreements
Maryland permits both written and oral rental agreements. However, any lease for a term of more than one year must be in writing under the Statute of Frauds (Md. Code, Real Prop. § 5-104). Written leases should specify the rent amount, due date, lease term, security deposit, and the rights and obligations of each party.
- Leases for more than one year must be in writing (Md. Code, Real Prop. § 5-104)
- Month-to-month tenancies arise when no fixed term is specified or the lease expires without renewal
- Lease provisions that waive a tenant's rights under Maryland law are void (Md. Code, Real Prop. § 8-105)
- Landlords must provide tenants with a copy of the signed lease agreement
Security Deposits
Under Md. Code, Real Prop. § 8-203, the maximum security deposit is two months' rent. The deposit must be held in a Maryland financial institution in an escrow account, and the landlord must provide a receipt to the tenant. Landlords must pay simple interest on deposits held for more than six months at the rate of 3% per year or the daily U.S. Treasury yield curve rate, whichever is greater.
- Maximum deposit: two months' rent (Md. Code, Real Prop. § 8-203)
- Deposit must be held in an escrow account at a Maryland financial institution
- Landlord must provide a written receipt for the deposit
- Interest must be paid on deposits held more than six months at 3% per year or the daily U.S. Treasury yield curve rate, whichever is greater (Md. Code, Real Prop. § 8-203(e))
Required Disclosures
Maryland landlords must make several disclosures at or before the start of the tenancy. Both state and federal requirements apply, and some local jurisdictions impose additional disclosure obligations.
- Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d; Md. Code, Envir. § 6-815)
- Name and address of the property owner or authorized agent (Md. Code, Real Prop. § 8-210)
- Written disclosure of the tenant's rights regarding the security deposit, including the right to a move-in and move-out inspection (Md. Code, Real Prop. § 8-203.1)
- Written notice of the habitability and lead paint inspection status (where applicable under Maryland's Reduction of Lead Risk in Housing law)
Maintaining a Tenancy
Rent & Payment
Rent is due on the date specified in the rental agreement. Maryland does not mandate a statewide grace period, but late fees may not be charged until rent is more than 10 days overdue for residential leases in certain counties. Late fees must be reasonable and specified in the lease — they may not exceed 5% of the monthly rent (Md. Code, Real Prop. § 8-208(d)).
- Rent is due on the date stated in the lease
- Late fees may not exceed 5% of the monthly rent (Md. Code, Real Prop. § 8-208(d))
- Landlords may specify acceptable methods of rent payment in the lease
- A notice to pay rent or vacate is required before filing for eviction (specific timelines vary by county)
Repairs & Maintenance
Maryland recognizes an implied warranty of habitability. Under Md. Code, Real Prop. § 8-211, landlords must maintain the premises in a habitable condition and comply with all applicable building, housing, and health codes. Landlords must address serious defects within a reasonable time after written notice.
- Maintain the premises in a habitable condition (Md. Code, Real Prop. § 8-211)
- Comply with all applicable building, housing, and health codes
- Provide and maintain functioning plumbing, electrical, heating, and hot water systems
- Keep common areas in a clean and safe condition
Right of Entry & Inspections
Maryland does not have a specific statewide statute requiring advance notice for landlord entry. However, landlords should provide reasonable notice — typically 24 hours — before entering the tenant's unit. Entry should be at reasonable times and for legitimate purposes. Some local jurisdictions may have specific notice requirements.
- No specific statewide statute on entry notice, but reasonable notice (typically 24 hours) is best practice
- Entry should be at reasonable times for lawful purposes
- Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
- Landlords may enter without notice in emergencies
Rent Increases
Maryland does not have statewide rent control. However, some local jurisdictions — including Montgomery County and Takoma Park — have rent stabilization or rent increase guidelines. For month-to-month tenancies without local restrictions, the landlord must provide at least one month's written notice before a rent increase takes effect.
- No statewide rent control, but some localities have rent stabilization (e.g., Montgomery County, Takoma Park)
- At least one month's written notice for rent increases on month-to-month tenancies
- Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
- Retaliatory rent increases are prohibited (Md. Code, Real Prop. § 8-208.1)
Ending a Tenancy
Notice Periods
Maryland notice requirements depend on the type of tenancy and the reason for termination. Fixed-term leases expire at the end of the stated term without additional notice unless the lease provides otherwise.
- Month-to-month tenancy: one month's written notice by either party (Md. Code, Real Prop. § 8-402)
- Week-to-week tenancy: one week's written notice
- Fixed-term lease: terminates at the end of the lease term without notice unless the lease states otherwise
- Nonpayment of rent: landlord may file for eviction once rent is overdue (Md. Code, Real Prop. § 8-401)
Eviction Process
Evictions in Maryland are handled through a summary ejectment or failure to pay rent action filed in the district court where the property is located (Md. Code, Real Prop. §§ 8-401 and 8-402). The process varies depending on whether the eviction is for nonpayment or other lease violations.
- For nonpayment: file a failure to pay rent complaint in district court; no prior notice is required (Md. Code, Real Prop. § 8-401)
- For lease violations or holdover: file a tenant holding over or breach of lease complaint (Md. Code, Real Prop. § 8-402)
- The court schedules a hearing, typically within 5–10 days of filing
- If the court rules for the landlord, a warrant of restitution is issued (enforceable after a 4-day appeal period) and executed by the sheriff
Security Deposit Return
Under Md. Code, Real Prop. § 8-203, landlords must return the security deposit within 45 days after the tenancy ends. An itemized list of damages and any remaining balance must be mailed to the tenant's last known address. The tenant has the right to be present at a move-out inspection.
- Return deadline: 45 days after the tenancy terminates (Md. Code, Real Prop. § 8-203)
- Permissible deductions: unpaid rent, damages beyond normal wear and tear, breach of lease costs
- An itemized list of deductions must be provided with any withheld amount
- Failure to comply may result in liability for up to three times the deposit amount plus reasonable attorney fees (Md. Code, Real Prop. § 8-203(e))