Maryland Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)
What Maryland law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.
Security deposits
- Max
- 1 month's rent per unit (since Oct 1, 2024); up to 2 months only if the tenant qualified for utility assistance through the Department of Human Services, the lease requires paying utilities directly to the landlord, and both agree in writing. Overcharge: tenant may recover up to 3x the excess plus attorney fees.
- Return deadline days
- 45 days
- Itemization required
- Yes
- Interest required
- Yes: simple interest at the greater of the 1-year U.S. Treasury yield rate or 1.5% per year, only on deposits of $50 or more held at least 6 months.
Calculate your Maryland deposit return deadline
Late fees
- Rule
- Lease may not set a late fee above 5% of the unpaid rent (for weekly rent: max $3 per week and $12 per month).
Check if your Maryland late fee is legal
Landlord entry
We haven't verified a statewide rule for this yet. Check your lease, your city's rules, or a local tenant organization.
Ending a month-to-month tenancy
- Tenant
- 30 days (oral or written notice before end of the tenancy; in Baltimore City written notice).
- Landlord
- 60 days written notice (month-to-month or lease term over 1 week); 90 days for year-to-year; shorter 30/60 days only in a foreclosure situation.
Source: Md. Code, Real Prop. § 8-402(c)
Rent increases
- Rule
- Written notice at least 90 days ahead for tenancies longer than 1 month, 60 days for 1 week to 1 month; sent by first-class mail with certificate of mailing (or e-delivery if the tenant elects).
- Statewide rent control
- No statewide cap found in Title 8; § 8-209 only regulates notice and does not displace local laws.
Source: Md. Code, Real Prop. § 8-209
Repairs & habitability
- Rule
- A landlord is deemed to warrant the unit is fit for human habitation throughout the tenancy; tenant may sue for damages and rent abatement or withhold rent as a defense after notice and a reasonable time to repair.
Retaliation
- Rule
- Landlord may not sue or threaten to sue for possession, arbitrarily raise rent, cut services or end a periodic tenancy because of a good-faith complaint (to the landlord or a public agency), a lawsuit, tenant-organization activity, or someone summoning police/emergency services; damages up to 3 months' rent plus attorney fees. Protection requires the tenant to be current on rent (unless lawfully withholding) and covers actions within 6 months of the complaint/lawsuit.
Source: Md. Code, Real Prop. § 8-208.1
Clauses often unenforceable in Maryland
- Lease terms waiving a tenant's legal rights or remedies (8-208(d)(2))
- Late fees above 5% of unpaid rent (8-208(d)(3))
- Requiring more than the capped deposit plus first month's rent to start the lease (8-208(d)(11))
- Penalizing a tenant for calling police or emergency services (8-208(d)(10))
- Waiving a jury trial or requiring consent to confess judgment (8-208(d)(1),(4))
- Automatic-renewal clauses (renewal period over 1 month) that are not set apart and initialed or signed by the tenant (8-208(e))
Notes
Wrongful deposit withholding: up to 3x the withheld amount plus attorney fees (8-203(e)(4)). Landlord forfeits the right to withhold for damage if the itemized list is not mailed within 45 days (8-203(g)). No statewide landlord-entry notice rule found in Title 8 (left blank). Landlords with 5+ units must use a written lease (8-208(a)). Local laws (e.g., Montgomery County, Baltimore City) add rules.
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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.