Tenant Rights and Responsibilities When Renting in Maryland
Renting a new property in Maryland comes with specific rights and protections established by the state's landlord-tenant laws. Maryland tenants are entitled to habitable living conditions, proper security deposit handling (with interest), and protection against unfair lease terms, while also being responsible for timely rent payments and property maintenance.
Maryland law limits security deposits to two months' rent and requires landlords to return deposits within 45 days after lease termination, with itemized deductions if applicable. Understanding these protections from the start can help prevent disputes during your tenancy.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
Maryland Security Deposit Law
Maryland law limits security deposits to a maximum of two months' rent. Landlords must provide a receipt for the security deposit and must place it in an escrow account. Within 45 days after the end of tenancy, the landlord must return the deposit with interest, less any damages rightfully withheld.
Maryland Rent Payment Grace Period
Maryland does not have a state-mandated grace period for rent payments, but many lease agreements include a 5-day grace period. After this period, landlords can charge late fees, which must be specified in the lease agreement.
Maryland Landlord Entry Laws
Maryland requires landlords to give reasonable notice (typically 24 hours) before entering a rental property, except in emergencies. This protects tenants' right to privacy while allowing landlords to conduct necessary inspections or repairs.
Maryland Lease Termination Requirements
For month-to-month tenancies in Maryland, tenants must provide at least one month's notice to terminate the lease. For fixed-term leases, early termination may result in penalties unless specified exceptions apply, such as military deployment or domestic violence situations.
Maryland Rent Increase Laws
In most of Maryland, there are no state-level restrictions on how much landlords can increase rent, but they must provide at least one month's notice for month-to-month tenancies. Some counties and cities (like Montgomery County and Baltimore City) have additional rent control or stabilization laws.
Maryland Warranty of Habitability
Maryland law requires landlords to maintain rental properties in a habitable condition, including functioning plumbing, electricity, heat, and structural elements. Tenants have the right to request repairs, and in some cases, may withhold rent or terminate the lease if serious issues are not addressed.
Maryland Fair Housing Law
Maryland's Fair Housing Law prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, disability, marital status, sexual orientation, and gender identity. This applies to all aspects of the rental process, including applications, terms, and conditions.
Regional Variances
Baltimore City
Baltimore City has its own housing code with additional protections for tenants. Landlords must obtain a rental license and pass annual inspections. The city also has a 'just cause' eviction law for month-to-month tenancies, requiring landlords to have a valid reason to terminate a tenancy. Additionally, Baltimore has a Rent Court that specifically handles landlord-tenant disputes.
Montgomery County
Montgomery County requires landlords to use a standard lease form and provide tenants with specific information about their rights. The county has rent stabilization laws in certain areas, limiting annual rent increases. It also has a Commission on Landlord-Tenant Affairs that mediates disputes and can award damages. Tenants have additional protections during the winter months against utility shutoffs.
Prince George's County
Prince George's County has a Landlord-Tenant Commission that handles disputes. The county requires landlords to obtain rental licenses and pass inspections. It also has specific regulations regarding security deposits, requiring interest payments and itemized lists for any deductions. The county provides additional protections against retaliatory evictions.
Howard County
Howard County has a Rental Housing License requirement for all rental properties. The county has a tenant-landlord commission that mediates disputes. It also has specific regulations regarding lead paint disclosures and remediation that may be more stringent than state requirements.
Anne Arundel County
Anne Arundel County requires rental licenses for properties with more than four units. The county has specific regulations regarding carbon monoxide detectors in rental units. It also has a Fair Housing Office that handles discrimination complaints in housing.
Frequently Asked Questions
In Maryland, tenants have several key rights including: the right to a habitable dwelling, protection against illegal discrimination, proper handling of security deposits, adequate notice before landlord entry (generally 24 hours except in emergencies), clear lease terms, and protection against retaliatory evictions. Maryland law also provides specific procedures landlords must follow for evictions and requires landlords to maintain essential services like heat, water, and electricity.
In Maryland, landlords cannot charge more than two months' rent for a security deposit. Additionally, for deposits over $50, landlords must place the deposit in an interest-bearing account and pay 1.5% interest annually on the deposit, accrued at six-month intervals from the date of the tenancy. When returning the deposit, landlords must include this interest.
Maryland landlords must return security deposits within 45 days after the tenancy ends. If the landlord withholds any portion of the deposit for damages, they must provide a written itemized list of damages and the costs incurred to repair them. Failure to return the deposit with interest or provide this itemized statement within 45 days may entitle the tenant to up to three times the withheld amount plus reasonable attorney's fees.
In Maryland, there is no statewide rent control (except during declared states of emergency). Landlords can increase rent by any amount when a lease term ends, but must provide proper notice: for month-to-month tenancies, at least one month's written notice is required before increasing rent. For longer leases, the lease terms will specify when and how rent can be increased. Some counties or municipalities may have additional local rent control ordinances.
Maryland landlords must maintain rental properties in a habitable condition, including: maintaining structural elements, providing working plumbing with hot and cold water, ensuring functioning heat, electricity, and air conditioning (if provided), keeping common areas clean and safe, providing proper trash receptacles, and controlling rodent and insect infestations. If these essential services aren't maintained, tenants may have the right to withhold rent, repair and deduct, or terminate the lease after providing proper notice.
In Maryland, landlords must generally provide at least 24 hours' notice before entering a rental unit for non-emergency matters such as repairs, inspections, or showing the property to prospective tenants. The notice should specify a reasonable time frame for entry. In emergency situations (like water leaks or fire), landlords may enter without notice. Some local jurisdictions may have additional requirements regarding notice.
Maryland evictions require court process and cannot be conducted through self-help methods. The process typically involves: (1) proper written notice to the tenant (30 days for lease violations, 14 days for substantial breaches, or 7 days for dangerous behavior); (2) filing a complaint with the District Court if tenant doesn't comply; (3) a court hearing where both parties can present their case; (4) if the landlord prevails, obtaining a warrant of restitution; and (5) eviction conducted by the sheriff with proper notice. Tenants have the right to pay all past-due rent and fees before eviction in failure-to-pay cases.
No. Maryland follows federal Fair Housing laws and has additional state protections. Landlords cannot discriminate based on race, color, religion, national origin, sex, familial status, disability, marital status, sexual orientation, gender identity, or source of income (in many counties). This applies to advertising, tenant selection, lease terms, and all aspects of the landlord-tenant relationship. Victims of housing discrimination can file complaints with the Maryland Commission on Civil Rights or the federal Department of Housing and Urban Development.
A Maryland residential lease should include: names of all parties, property address and description, lease term, rent amount and payment terms, security deposit amount and terms, utilities responsibilities, maintenance obligations, pet policies, entry notice requirements, lead paint disclosures (for pre-1978 buildings), and any other house rules. Maryland law requires specific language regarding security deposits and certain disclosures about the property's condition. It's advisable to have all terms in writing to avoid future disputes.
In Maryland, breaking a lease early may result in liability for the remaining rent, but there are exceptions: (1) Active military duty deployment; (2) Uninhabitable living conditions; (3) Landlord harassment or privacy violations; (4) Domestic violence situations (with proper documentation); or (5) If your lease has an early termination clause. Otherwise, you may need to negotiate with your landlord, potentially finding a replacement tenant or paying an agreed-upon termination fee. Maryland landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit.