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State laws / Maryland

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.

Main statute: Maryland Real Property Article, Title 8, Subtitle 2 (Landlord and Tenant), amended by the Renters' Rights and Stabilization Act of 2024 (HB 693) (Md. Code, Real Prop. § 8-201 et seq.)

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.

Source: Md. Code, Real Prop. § 8-203(b), (e), (g)

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).

Source: Md. Code, Real Prop. § 8-208(d)(3)

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.

Source: Md. Code, Real Prop. §§ 8-211, 8-212

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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Common lease red flags, explained

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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