Renting Out Your Property in Maryland: A Guide for Landlords

Renting out property in Maryland requires understanding specific state laws that govern landlord-tenant relationships, security deposit limits, and property maintenance standards. Maryland landlords must comply with state-specific regulations including the $250,000 lead paint risk reduction compliance for properties built before 1978 and the requirement to register rental properties with local jurisdictions.

Maryland has strict security deposit laws that limit deposits to two months' rent and require landlords to place deposits in an interest-bearing account. Failure to comply with Maryland's rental laws can result in penalties, including treble damages for improperly handled security deposits.

Key Considerations

Owners of Vacation or Short-Term Rentals

Scenarios

Decisions

Property Owners with Multiple Units

Scenarios

Decisions

First-time Landlords

Scenarios

Decisions

Relevant Laws

Maryland Security Deposit Law

Landlords in Maryland cannot collect more than two months' rent as a security deposit. The deposit must be returned within 45 days after the tenant moves out, with an itemized list of any deductions. Interest must be paid on security deposits held for more than 6 months at a rate of 1.5% per year or the U.S. Treasury yield curve rate, whichever is greater.

Maryland Rent Collection and Late Fee Regulations

Landlords in Maryland can charge late fees, but they cannot exceed 5% of the monthly rent. Additionally, rent is not considered late until after the due date specified in the lease has passed.

Maryland Fair Housing Law

Maryland landlords cannot discriminate against tenants based on race, color, religion, sex, familial status, national origin, disability, marital status, sexual orientation, or gender identity. This law expands upon federal Fair Housing protections.

Maryland Lead Paint Risk Reduction Law

Properties built before 1978 in Maryland must comply with the state's lead paint risk reduction standards. Landlords must register these properties with the Maryland Department of the Environment, provide tenants with specific lead-related disclosures, and obtain a Lead Paint Risk Reduction Certificate before each new tenancy.

Maryland Notice Requirements for Lease Termination

For month-to-month tenancies in Maryland, landlords must provide at least one month's notice to terminate the lease. For yearly leases, notice requirements vary based on the specific lease terms, but generally require 30-90 days' notice before the lease end date.

Maryland Eviction Procedures

Landlords in Maryland must follow specific legal procedures for eviction, including providing proper written notice, filing a complaint with the District Court, and obtaining a court order. Self-help evictions (changing locks, removing belongings, etc.) are illegal and can result in penalties for the landlord.

Maryland Habitability Requirements

Maryland landlords must maintain rental properties in a habitable condition, including functioning plumbing, heating, and electrical systems, and addressing pest infestations. Tenants have the right to request repairs, and in some cases, may withhold rent or terminate the lease if serious habitability issues are not addressed.

Regional Variances

Baltimore City

Baltimore City has stricter rental licensing requirements than most of Maryland. 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 such tenancies. Additionally, Baltimore has a Rent Increase Protection law that limits rent increases to 4% plus the Consumer Price Index.

Montgomery County

Montgomery County requires landlords to register rental properties and pay an annual fee. The county has rent stabilization laws in certain areas and requires landlords to offer two-year lease terms. It also mandates that landlords provide tenants with a copy of their rights and responsibilities. The county has specific requirements for security deposit handling that are more stringent than state law.

Prince George's County

Prince George's County requires rental licenses for all rental properties. The county has implemented a Rent Stabilization Program during emergencies like COVID-19. Landlords must also provide specific disclosures about lead paint for properties built before 1978, which is more strictly enforced than in other counties.

Howard County

Howard County has a Rental Housing License program requiring annual inspections. The county also has specific regulations regarding carbon monoxide detectors in rental units. Additionally, Howard County has implemented tenant protection measures that require landlords to provide 90 days' notice (instead of the state-required 60 days) before terminating certain tenancies.

Anne Arundel County

Anne Arundel County requires rental licenses for properties with more than four units. The county has specific regulations for short-term rentals like Airbnb, requiring separate licenses and imposing occupancy limits. The county also has stricter code enforcement for rental properties in certain designated revitalization districts.

Suggested Compliance Checklist

Research Maryland Landlord-Tenant Laws

1 days after starting

Familiarize yourself with Maryland's landlord-tenant laws, particularly the Maryland Real Property Code §§ 8-101 through 8-604. Pay special attention to security deposit limits (maximum of two months' rent), interest requirements, and return timelines (within 45 days). Also review local county and city ordinances as they may have additional requirements beyond state law.

Obtain a Rental Property Business License

7 days after starting

Most Maryland counties and municipalities require landlords to obtain a rental license before renting property. Requirements vary by location - for example, Baltimore City, Montgomery County, and Prince George's County all have different licensing processes. Contact your local housing department to determine specific requirements for your area. Typically involves property inspection, fee payment, and renewal every 1-2 years.

Prepare a Residential Lease Agreement

14 days after starting

Draft a comprehensive lease agreement that complies with Maryland law. Include required disclosures about security deposits, rent collection, maintenance responsibilities, and tenant rights. Maryland requires specific language regarding security deposits and certain disclosures. Consider consulting with a real estate attorney to ensure your lease is legally compliant with both state and local laws.

Document: Residential Lease Agreement

Create a Rental Application Form

14 days after starting

Develop an application form to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, and authorization for background and credit checks. Ensure compliance with Fair Housing laws which prohibit discrimination based on protected classes. In Maryland, you cannot discriminate based on source of income in many counties.

Document: Rental Application Form

Prepare Lead-Based Paint Disclosure Form

14 days after starting

For properties built before 1978, Maryland law requires landlords to provide tenants with a lead-based paint disclosure form and the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Maryland has stricter lead paint regulations than federal law, including mandatory registration with the Maryland Department of the Environment and risk reduction certifications.

Document: Lead-Based Paint Disclosure Form

Create a Move-In/Move-Out Inspection Checklist

14 days after starting

Develop a detailed checklist documenting the condition of the property before move-in and after move-out. This helps prevent disputes over security deposit deductions. Include photographs dated with timestamps as additional documentation. Both landlord and tenant should sign this form at move-in and move-out.

Document: Move-In/Move-Out Inspection Checklist

Establish Landlord's Rules and Regulations

14 days after starting

Create a document outlining house rules that aren't included in the lease but are binding when referenced in the lease. This may include quiet hours, guest policies, maintenance expectations, trash disposal instructions, and other community standards. Ensure these rules don't contradict tenant rights under Maryland law.

Document: Landlord's Rules and Regulations

Prepare a Security Deposit Receipt

14 days after starting

Maryland law requires landlords to provide tenants with a receipt for security deposits that includes specific information about the tenant's rights. The receipt must inform tenants that they have the right to be present for the move-out inspection and that deposits must be returned within 45 days with an itemized list of any deductions.

Document: Security Deposit Receipt

Create a Notice of Entry Form

14 days after starting

Prepare a form to notify tenants when you need to enter the property. Maryland requires landlords to give reasonable notice before entering (typically 24 hours except in emergencies). This form should document the date, time, and purpose of entry to maintain proper records of property access.

Document: Notice of Entry Form

Register with Maryland Department of Assessments and Taxation

21 days after starting

If you're renting property as a business entity (LLC, corporation, etc.), register with the Maryland Department of Assessments and Taxation. Individual landlords may need to file a business tax return depending on rental income. Consider consulting with a tax professional about potential deductions and tax obligations.

Set Up Security Deposit Account

21 days after starting

Maryland law requires security deposits to be held in a separate account in a Maryland financial institution. The account must be designated as an escrow account. For deposits over $50, landlords must pay interest on the deposit (currently 1.5% per year or the U.S. Treasury yield, whichever is higher).

Obtain Proper Insurance Coverage

21 days after starting

Secure landlord insurance (also called rental property insurance) which typically includes property damage, liability coverage, and loss of rental income. Standard homeowner's insurance doesn't cover rental activities. Consider requiring tenants to obtain renter's insurance as part of your lease terms.

Schedule Property Inspections

28 days after starting

Arrange for any required inspections based on local regulations. Many Maryland jurisdictions require rental properties to pass health and safety inspections before a license is issued. These may include checks for working smoke detectors, carbon monoxide detectors (required in Maryland for properties with fuel-burning equipment), proper egress, and other safety features.

Research Rent Control and Stabilization Ordinances

28 days after starting

Check if your property is subject to any rent control or stabilization ordinances. While Maryland doesn't have statewide rent control, some localities like Takoma Park have their own rent stabilization laws that limit rent increases. Violating these ordinances can result in significant penalties.

Establish Rent Collection System

35 days after starting

Set up a system for collecting and documenting rent payments. Consider online payment options, which provide automatic records. Maryland law doesn't specify payment methods, so landlords can determine acceptable forms of payment, but these must be clearly stated in the lease agreement.

Frequently Asked Questions

In Maryland, a valid lease agreement should be in writing for leases longer than one year (though written leases are recommended for all rental terms). The lease must include: names of all parties, property address, rental amount, payment due dates, security deposit amount (limited to two months' rent), lease term, maintenance responsibilities, and notice requirements for termination. Maryland law also requires specific disclosures about lead paint for properties built before 1978.

Maryland law limits security deposits to a maximum of two months' rent. Landlords must provide a receipt for the security deposit that informs tenants of their rights. The deposit must be held in an interest-bearing account in a Maryland financial institution, and interest (at the daily U.S. Treasury yield curve rate minus 1.5%) must be paid to the tenant when the deposit is returned.

Maryland landlords must provide: 1) Lead paint disclosures for properties built before 1978, 2) Information about the tenant's right to receive an itemized list of existing damages at move-in, 3) Details about where the security deposit is being held, 4) Notice of any existing housing code violations, 5) Information about the tenant's right to request a move-out inspection, and 6) The landlord's name and address for official notices.

Maryland state law doesn't specify a required notice period for landlord entry, but local ordinances may apply. As a best practice, landlords should provide at least 24 hours' notice before entering a rental unit for non-emergency matters. Your lease should clearly state your entry policy, including notice periods and allowable reasons for entry.

Landlords must return security deposits within 45 days after the tenant moves out. Any deductions must be itemized in a written statement delivered to the tenant's last known address. You can only deduct for unpaid rent, damage beyond normal wear and tear, or other breaches of the lease. If you fail to comply with these requirements, you may be liable for up to three times the withheld amount plus attorney's fees.

Yes, you can charge late fees in Maryland, but they cannot exceed 5% of the monthly rent. Late fees can only be imposed if the rent is more than 5 days late and if the lease explicitly states the late fee policy. The fee must be a reasonable estimate of actual costs incurred due to the late payment, not a penalty.

Maryland requires a specific legal process for evictions: 1) Serve proper written notice (30 days for lease violations, 14 days for substantial breaches, or 10 days for failure to pay rent), 2) File a complaint with the District Court if the tenant doesn't comply, 3) Attend the court hearing, 4) If you win, obtain a warrant of restitution, and 5) Schedule the eviction with the sheriff. Self-help evictions (changing locks, removing belongings, etc.) are illegal and can result in penalties.

Rental licensing requirements vary by county and municipality in Maryland. Many jurisdictions, including Baltimore City, Montgomery County, and Prince George's County, require rental licenses. Check with your local housing department or permitting office to determine the specific requirements for your area. Operating without a required license can result in fines and may affect your ability to enforce the lease.

Maryland landlords must provide and maintain rental properties that meet basic habitability standards, including: functioning plumbing, electricity, and heat; weather-tight and waterproof structures; proper garbage disposal facilities; and freedom from rodent or insect infestation. Local housing codes may impose additional requirements. Failure to maintain these standards can result in rent escrow actions, where tenants pay rent to the court until repairs are made.

No. Maryland law prohibits housing discrimination based on source of income, which includes housing vouchers (such as Section 8). You cannot refuse to rent to an applicant solely because they plan to use a housing voucher or other government assistance to pay part of their rent. You may still screen tenants based on other legitimate criteria like credit history, income adequacy, or rental history.

Renting Out Your Property in Maryland: A Guide for Landlords | DocDraft