| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Maryland?
In Maryland, when terms of access aren’t otherwise agreed in the lease, the landlord has a right to enter a rental property for the following reasons:
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- Inspecting the property.
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- Maintenance and repairs.
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- Emergencies.
Can a Landlord Enter Without Permission in Maryland?
Maryland landlords can legally enter a rental property without permission in emergencies. Otherwise, the tenant has a right to quiet enjoyment of the property unless the lease says otherwise.
Can a Landlord Enter Without the Tenant Present in Maryland?
Maryland landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Maryland?
Maryland landlords do not have a right to enter for showing an occupied house, unless this was agreed in the lease.
How Often Can Landlords Conduct Routine Inspections in Maryland?
Maryland landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Maryland?
Maryland landlords have no specific advance notice requirement. The renter does have a right to quiet enjoyment of the property, so the landlord should provide reasonable advance notice. As a general rule, a minimum of 24 hours is reasonable notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in Maryland?
Maryland landlords can enter without notice, but the renter’s right to quiet enjoyment of the property means the landlord could open himself up to legal liability if he enters without notice (even for a reasonable purpose) without a justifying reason like an emergency.
How Can Landlords Notify Tenants of an Intention To Enter in Maryland?
Maryland landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Maryland?
Maryland tenants can refuse a landlord entry that’s unreasonable in purpose, time, or manner. This is a drastic measure, since denying a landlord access without a provable justification might be considered reasonable grounds for eviction.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Maryland?
Maryland landlords have a defense against a claim of failure to repair if the tenant refuses entry, and might also take one or more of the following actions:
- Get a court order to force access.
- Recover cost of any actual damages.
- Deliver a 30-day Notice to Quit which begins eviction proceedings.
Can a Tenant Change the Locks Without Permission in Maryland?
Maryland tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended that tenants provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Maryland?
Maryland tenants can take any of the following actions if the landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Recover cost of any actual damages.
- Move out and cancel the lease (in extreme cases where the landlord substantially prevents the intended use of the property).
Sources
- 1 Md. Real Prop. Code § 8-211(e) (2022)
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There is no specific Maryland law defining landlord-tenant access rights. However, since the landlord has the legal obligation to keep the property habitable, he has the right to reasonably enter the property for the purpose of maintaining its fitness, which means a reasonable right to access for the purposes of maintenance, inspection, and emergency protection of the premises. See Md. Real Prop. Code § 8-211(e) (2022) (“This section… imposes an obligation upon landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of occupants.”)
Source Link - 2 Bocchini v. Gorn Management Co., 69 Md. App. 1, 7 (Md. Ct. Spec. App. 1986) (emphasis in original)
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“[A] covenant of quiet enjoyment is implied in every lease, absent some provision in the lease negating such an implied covenant.”
Source Link - 3 Md. Real Prop. Code § 8-402(b)(1)(i) (2022)
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“Where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing one month before the expiration of the term or determination of the will to the tenant or to the person actually in possession of the property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court of the county where the property is located.”
Source Link - 4 Md. Real Prop. Code § 8-211(l) (2022)
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“It is a sufficient defense to the allegations of the tenant that the tenant, the tenant’s family, agent, employees, or assignees or social guests have caused the asserted defects or conditions, or that the landlord or the landlord’s agents were denied reasonable and appropriate entry for the purpose of correcting or repairing the asserted conditions or defects.”
Source Link - 5 Stevan v. Brown, 54 Md. App. 235, 240-41 (Md. Ct. Spec. App. 1983) (internal citations omitted)
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“A constructive eviction occurs when the acts of a landlord cause serious or substantial interference with the tenants’ enjoyment of the property which results in the tenant vacating the premises. These acts must be done by the landlord with the intent and effect of depriving the tenant of the latter’s use and enjoyment. But the requisite intent may be inferred from the nature and impact of the acts.
“Thus, failures to furnish heat, elevator service, and necessary electricity have been held adequate to support a claim of constructive eviction; as have the failure to furnish sanitary restroom facilities (along with other problems); and frequent flooding of the premises because of the landlord’s fault.
“Of course, every instance of nonperformance by a landlord does not necessarily support constructive eviction in fact or in law. Moreover, a tenant who claims constructive eviction may waive his rights if he waits an unreasonable length of time before vacating the premises. But a tenant generally may not claim constructive eviction until such time as he actually vacates the premises.”
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