Maryland Security Deposit Demand Letter
In Maryland a landlord must return your deposit with simple interest within 45 days, and mail a written list of damages if any is withheld. Withholding without a reasonable basis can cost up to threefold the amount plus attorney's fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Maryland tenant sends a former landlord to recover a security deposit that has not been returned, before filing in District Court. Under Md. Code, Real Property Section 8-203(e)(1), within 45 days after the end of the tenancy a landlord must return the security deposit to the tenant together with simple interest. If the landlord withholds any part of the deposit for damages, the landlord must send, by first-class mail to the tenant's last known address within 45 days after the tenancy ends, a written list of the damages claimed together with an itemized statement of the costs incurred (Section 8-203(g)(1)); the tenant also has the right to be present when the landlord inspects the premises (Section 8-203(f)(1)). A landlord may withhold only for unpaid rent lawfully owed and for damage due to a breach of lease or caused by the tenant in excess of ordinary wear and tear (Section 8-203(f)(1)(i)). If the landlord, without a reasonable basis, fails to return any part of the deposit plus accrued interest within 45 days, the tenant has an action for up to threefold the withheld amount, plus reasonable attorney's fees (Section 8-203(e)(4)). If the demand is ignored, a Maryland tenant can bring a small claim in the District Court for up to $5,000 (Courts and Judicial Proceedings Section 4-405), and the general deadline to sue is three years (Courts and Judicial Proceedings Section 5-101). DocDraft builds your Maryland security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
- 1
A security deposit demand letter is a written demand a Maryland tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to the District Court.
- 2
Within 45 days after the end of the tenancy, a Maryland landlord must return the security deposit to the tenant together with simple interest (Md. Code, Real Property Section 8-203(e)(1)).
- 3
If the landlord withholds for damages, the landlord must send by first-class mail to the tenant's last known address, within 45 days after the tenancy ends, a written list of the damages claimed together with an itemized statement of the costs incurred (Section 8-203(g)(1)).
- 4
The tenant has the right to be present when the landlord inspects the premises for damage (Section 8-203(f)(1)).
- 5
A Maryland landlord may withhold only for unpaid rent lawfully owed and for damage due to breach of lease or caused by the tenant in excess of ordinary wear and tear to the premises, common areas, major appliances, and furnishings (Section 8-203(f)(1)(i)); ordinary wear and tear is not deductible.
- 6
If the landlord, without a reasonable basis, fails to return any part of the deposit plus accrued interest within 45 days, the tenant has an action for up to threefold the withheld amount, plus reasonable attorney's fees (Section 8-203(e)(4)).
- 7
If the demand is ignored, a Maryland tenant can bring a District Court small claim for up to $5,000 (Courts and Judicial Proceedings Section 4-405); the general deadline to sue is three years (Courts and Judicial Proceedings Section 5-101).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Maryland, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
Open the Security Deposit Demand Letter guideCustomize your Security Deposit Demand Letter Template with DocDraft
Maryland Requirements for Security Deposit Demand Letter
Within 45 days after the end of the tenancy, a Maryland landlord must return the security deposit to the tenant together with simple interest (Md. Code, Real Property Section 8-203(e)(1)). Your demand letter should state that this deadline has passed and that interest is owed.
If a Maryland landlord withholds for damages, the landlord must send by first-class mail to the tenant's last known address, within 45 days after the tenancy ends, a written list of the damages claimed together with an itemized statement of the costs incurred (Section 8-203(g)(1)). A missing list undercuts the deductions.
A Maryland tenant has the right to be present when the landlord inspects the premises for damage (Md. Code, Real Property Section 8-203(f)(1)). Deductions asserted after an inspection you were denied the chance to attend can be challenged.
A Maryland landlord may withhold only for unpaid rent lawfully owed and for damage due to breach of lease or caused by the tenant in excess of ordinary wear and tear to the premises, common areas, major appliances, and furnishings owned by the landlord (Section 8-203(f)(1)(i)). Deductions outside these categories can be disputed.
Maryland deductions are limited to damage in excess of ordinary wear and tear (Md. Code, Real Property Section 8-203(f)(1)(i)). Charges for normal use, such as worn carpet or faded paint, are improper and can be challenged in your demand letter.
If a Maryland landlord, without a reasonable basis, fails to return any part of the deposit plus accrued interest within 45 days after the tenancy ends, the tenant has an action for up to threefold the withheld amount, plus reasonable attorney's fees (Section 8-203(e)(4)). The remedy turns on the landlord acting without a reasonable basis.
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your last known address for the return of the deposit. Keep a copy of the letter and the delivery record for a later District Court filing.
If the demand is ignored, a Maryland District Court small claim is limited to $5,000, exclusive of interest, costs, and attorney's fees (Courts and Judicial Proceedings Section 4-405). The general deadline to sue is three years (Courts and Judicial Proceedings Section 5-101), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a Maryland tenant sends a former landlord to recover a security deposit the landlord did not return, with interest, within the 45 days that Md. Code, Real Property Section 8-203(e)(1) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing, and it can note that withholding without a reasonable basis exposes the landlord to up to threefold the amount plus attorney's fees under Section 8-203(e)(4).
A Maryland security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. A District Court small claim is a formal case you file, usually after the demand is ignored, for up to $5,000 (Courts and Judicial Proceedings Section 4-405). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first and can support a claim for up to threefold damages under Real Property Section 8-203(e)(4).
Under Md. Code, Real Property Section 8-203(e)(1), a Maryland landlord must return the security deposit to the tenant, together with simple interest, within 45 days after the end of the tenancy. If the landlord withholds any part for damages, the landlord must also mail a written list of the damages claimed with an itemized statement of costs within the same 45 days (Section 8-203(g)(1)). If 45 days pass with no deposit, no interest, and no proper list, a demand letter is the usual next step before the District Court.
Under Md. Code, Real Property Section 8-203(e)(4), if a Maryland landlord, without a reasonable basis, fails to return any part of the deposit plus accrued interest within 45 days after the tenancy ends, the tenant has an action for up to threefold the withheld amount, plus reasonable attorney's fees. Because the treble remedy turns on the landlord acting without a reasonable basis, it is not automatic, but citing it in your demand letter signals that a wrongful withholding can cost far more than the deposit.
Under Md. Code, Real Property Section 8-203(f)(1)(i), a Maryland landlord may withhold for damage due to breach of lease, or for damage by the tenant or the tenant's family, guests, or invitees in excess of ordinary wear and tear to the premises, common areas, major appliances, and furnishings owned by the landlord, as well as for unpaid rent lawfully owed. Ordinary wear and tear is not deductible, so charges for normal use can be disputed in your demand letter.
Yes. Under Md. Code, Real Property Section 8-203(g)(1), a Maryland landlord who withholds any part of the deposit for damages must send, by first-class mail to the tenant's last known address within 45 days after the tenancy ends, a written list of the damages claimed together with an itemized statement of the costs incurred. The tenant also has the right to be present at the inspection (Section 8-203(f)(1)). A missing or improper list undercuts the deductions and supports your demand.
A Maryland small claim in the District Court is limited to $5,000, exclusive of interest, costs, and attorney's fees (Courts and Judicial Proceedings Section 4-405). A deposit claim can include the withheld amount plus, where the landlord withheld without a reasonable basis, up to threefold that amount and reasonable attorney's fees under Real Property Section 8-203(e)(4). The general deadline to sue is three years (Courts and Judicial Proceedings Section 5-101), though sending your demand letter and filing promptly is the practical approach.
A Maryland demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 45-day deadline to return the deposit with simple interest under Md. Code, Real Property Section 8-203(e)(1) has passed. It should dispute any deductions not supported by a mailed written list and itemized statement, state the exact amount owed with interest, and demand payment by a specific date. Referencing the up to threefold remedy plus attorney's fees under Section 8-203(e)(4) reinforces the demand.