Maryland Rental Application Form

Introduction

Key Things to Know

1. 1

   Fifteen days, and the clock can start before anyone moves in. Section 8-213(b)(1)(ii) requires the return not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur. Two triggers, either of which can fire first, and the second one is available to the applicant: a written withdrawal or a written rejection starts the count. Section 8-213(b)(1)(i) attaches the consequence of missing it, which is liability for twice the amount of the fees in damages. The figure and the deadline are both in force as of 2026 and neither was touched by the 2026 regular session.

2. 2

   The retention test is what was spent, not what is reasonable. Section 8-213(b)(2) lets the landlord retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and requires the return of that portion not actually expended on behalf of the tenant making application. There is no allowance for the landlord's own time, no customary-amount benchmark and no flat administrative deduction. A landlord who collected more than $25 and spent less than that on the application is holding money the subsection says belongs to the applicant.

3. 3

   The refund rule does not reach every Maryland landlord, and the carve-out is drawn by unit count rather than by ownership type. Section 8-213(c) provides that the section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals. Because subsection (c) exempts the whole section, a landlord inside the carve-out is outside the return duty, outside the double-damages exposure and outside the statement duty described next.

4. 4

   Maryland puts part of the disclosure on the form itself. Section 8-213(a) provides that an application for a lease shall contain a statement which explains the liabilities which the tenant incurs upon signing the application, and which explains the provisions of subsections (b) and (c) of the section. So a compliant Maryland application tells the applicant, on the page, that fees above $25 are refundable less what was actually spent and that the four-or-fewer-unit, seasonal and condominium carve-out exists. A form that collects a fee and explains neither is missing required content.

5. 5

   Since October 1, 2026 the criminal-history question has been off the Maryland application form. The subtitle added by the Maryland Fair Chance Housing Act, which was approved on May 26, 2026 and took effect that October 1, provides that before extending a conditional offer a landlord may not request or require a prospective tenant to disclose in a housing application whether the prospective tenant has a criminal history or has been accused of or charged with any crimes, and may not make an oral or written inquiry regarding criminal history. A narrow closed exception sits in the same subsection. The same subtitle separately bars requiring a drug or alcohol test, and bars requesting or requiring consent to release information from a program for the prevention and treatment of substance use disorders. It applies to a landlord managing or owning five or more residential rental units in the State and not to owner-occupied units.

6. 6

   After a conditional offer the subtitle closes the window at five years and makes the assessment mandatory. A landlord within its scope may consider a felony conviction only if the conviction occurred within five years immediately preceding the rental application, so nothing older may be weighed. Withdrawal of the offer is permitted only where the landlord determines it is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest, measured against six factors the subtitle enumerates, and the applicant must be notified in advance that an individualized assessment will be conducted. A landlord that runs a criminal history records check at all must do so for every prospective tenant, which forecloses running one on some applicants and not others.

7. 7

   The enforcement layer is unusually broad for a rule this new. A violation of the subtitle carries a civil penalty not exceeding $500 for each violation, and the Maryland Consumer Protection Act was amended at the same time to list the subtitle among unfair, abusive, or deceptive trade practices. The subtitle also preempts and supersedes any local law or ordinance comparable in subject matter to it, and directs the Department of Housing and Community Development to adopt regulations and the Office of Tenant and Landlord Affairs to develop and publish a model notice document. Those are statutory directions rather than things to assume are already done, and the subtitle has only been in force since October 1, 2026.

Maryland Requirements for Rental Application Form

• The $25 Line Is a Threshold, Not a Ceiling

  Section 8-213(b)(1)(i) of the Real Property Article provides that if a landlord requires from a prospective tenant any fees other than a security deposit and these fees exceed $25, then the landlord shall return the fees, subject to the exceptions in the section, or be liable for twice the amount of the fees in damages. Nothing in the section forbids charging more than $25. What it does is remove the right to keep it. Below $25 there is no return duty. The figure is in force as of 2026 and was not changed by any enacted Maryland legislation through the 2026 regular session.

• Return Within Fifteen Days, or Twice the Amount

  Section 8-213(b)(1)(ii) requires that the return be made not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur. Two triggers, whichever comes first, and the applicant can fire the second one by withdrawing in writing. Section 8-213(b)(2) fixes what may be withheld: the landlord may retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and shall return that portion not actually expended on behalf of the tenant making application. There is no allowance for the landlord's own time and no flat administrative deduction. The penalty for failing to return is twice the amount of the fees in damages.

• The Four-or-Fewer-Unit, Seasonal and Condominium Exemption

  Section 8-213(c) provides that the section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals. Because subsection (c) is written against the whole section, a landlord inside the carve-out owes no return, faces no double-damages exposure, and is not bound by the statement-on-the-form duty. Check this first, because the newer criminal-history subtitle draws its own scope line somewhere else entirely, at five or more residential rental units in the State.

• The Statement the Application Form Itself Must Carry

  Section 8-213(a) provides that an application for a lease shall contain a statement which explains the liabilities which the tenant incurs upon signing the application, and which explains the provisions of subsections (b) and (c) of the section. Maryland therefore puts the refund rule and the exemption on the page the applicant signs, rather than leaving them to be discovered afterwards. A form that collects a fee and explains neither the return duty nor the carve-out is missing content the subsection requires.

• Written Notice Before an Application Fee Is Accepted

  Added by the Maryland Fair Chance Housing Act and in force since October 1, 2026. Before accepting an application fee, a landlord within the subtitle's scope must provide the prospective tenant in writing with notice regarding the use of a criminal history records check in determining eligibility for leasing, including a statement that conviction for a crime listed in the subtitle may be considered only after the extension of a conditional offer, and with information on the applicant's ability to provide evidence demonstrating inaccuracies in the records, evidence of rehabilitation, and mitigating factors. The landlord must also notify the prospective tenant that an individualized assessment will be conducted. The subtitle directs the Office of Tenant and Landlord Affairs to develop and publish a model notice document; whether that document has yet been published is a separate question this page does not answer.

• No Pre-Offer Criminal Inquiry, No Drug or Alcohol Test

  The subtitle provides that, except for a narrow closed exception in the same subsection, before extending a conditional offer a landlord may not request or require a prospective tenant to disclose in a housing application whether the prospective tenant has a criminal history or has been accused of or charged with any crimes, and may not make an oral or written inquiry regarding the criminal history of the prospective tenant. Separately, a landlord may not require a prospective tenant to submit to a drug or alcohol test, and may not request or require consent to the release of information about the prospective tenant from a program for the prevention and treatment of substance use disorders. A landlord that conducts a criminal history records check in accordance with the subtitle shall do so for every prospective tenant. Scope: a landlord managing or owning five or more residential rental units in the State, and not owner-occupied units.

• After a Conditional Offer: the Five-Year Window and the Decision File

  A landlord within the subtitle may consider a felony conviction under the Criminal Law Article, or a conviction in another state or federal court of a crime with the same elements as a Maryland felony, only if the conviction occurred within 5 years immediately preceding the rental application, so anything older falls outside what may be weighed. Withdrawal of the conditional offer is permitted only where the landlord determines the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest, measured against six factors the subtitle enumerates. In response to the results the prospective tenant may provide, and the landlord shall consider, evidence of inaccuracies, evidence of rehabilitation, and any other mitigating factors. A withdrawal requires written notice stating a specific reason plus notice of the right to request reassessment on written evidence signed under penalty of perjury. Within 30 days of that notice the applicant may demand a copy of all information the landlord relied on, including criminal history records, and the landlord has 10 days to produce it. A violation carries a civil penalty not exceeding $500 for each violation, the Consumer Protection Act now lists the subtitle among unfair, abusive, or deceptive trade practices, and the subtitle preempts and supersedes any local law or ordinance comparable in subject matter to it.

• Reusable Screening Reports, and the Fee That Disappears

  Section 8-218(a) defines a reusable tenant screening report as one prepared within the previous 30 days by a consumer reporting agency at the request and expense of a prospective tenant and made directly available to a prospective landlord at no charge for use in the rental application process. Acceptance is not mandatory, but Section 8-218(c) requires the landlord to notify prospective tenants whether or not it accepts them, in writing or by conspicuous posting including on a rental housing listing, on the homepage of a website, in the rental application page for a rental property online, or any other manner reasonably calculated to provide notice. Section 8-218(d) then provides that where an applicant supplies one to a landlord that accepts them, the landlord may not charge a fee to access the report or an application fee. The defined contents include a credit report, a criminal history records check over the previous 7 years, now expressly subject to the criminal-history subtitle, an eviction history for the previous 7 years, verification of employment and income, and current address and rental history. Under Sections 8-218(e) and (f) the landlord may require certification that there has been no material change to the applicant's name, address, bankruptcy status, criminal history or eviction history, and may reject the application before lease execution where a material change was made to the report.