Under Maryland law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Code of Maryland Real Property Title 8, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Maryland
In Maryland, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Maryland’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Usually |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Maryland
Landlords must perform necessary repairs in a timely manner. In Maryland, landlords must make repairs within a “reasonable time” (maximum 30 days) after getting notice from tenants.
If repairs aren’t made in a timely manner, Maryland tenants can sue for costs, or a court order to force the landlord to make repairs. They can also withhold a percentage of the rent, usually by filing a petition to deposit in a court escrow account.
Tenant Responsibilities in Maryland
Aside from paying rent on time, Maryland tenants must:
- Keep the unit in a safe and habitable condition.
- Keep fixtures clean and sanitary.
- Make small repairs and maintenance.
- Not disturb other tenants or neighbors.
Evictions in Maryland
- Nonpayment of Rent: Rent is considered late the day after it’s due. No prior written notice is needed to begin an eviction process.
- Lease Violation: If a tenant does not uphold their responsibilities under the terms of the lease or commits an illegal activity, a landlord may issue a 30-Day Notice to Quit. If the tenant remains on the property after the notice period ends, the landlord may begin the eviction process.
- No Lease/End of Lease: If a tenant stays longer than the rental term, a landlord may give notice before starting the eviction process. Notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Year-to-Year: 90-Day Notice to Quit.
Maryland landlords can’t evict a tenant in retaliation or for discriminatory reasons.
Landlord Retaliation in Maryland
It’s illegal for Maryland landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Maryland
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent.
- Inventory Requirement: Landlords must allow tenants to attend an initial inspection upon request in order to collect security deposits.
- Holding Requirement: Security deposits must be held in an interest-bearing account, a certificate of deposit, or in securities.
- Interest Requirement: Landlords are required to provide interest on security deposits held longer than six months.
- Receipt Requirement: Landlords are required to provide a receipt for the security deposit that contains specific disclosures such as the tenant’s right to an initial inspection and the penalty to the landlord if they fail to comply with the security deposit laws.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, damage excluding normal wear and tear, and costs due to a breach of the lease agreement.
- Time Limit for Return: 45 days.
- Max. Penalty for Late Return: Tenants can sue for four times the amount wrongfully withheld plus attorneys’ fees.
Lease Termination in Maryland
Notice Requirements: If a Maryland tenant on a periodic lease decides to break their lease, then they must give the following amounts of notice.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 1 week |
| Month-to-Month | 1 month |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 month |
Early Termination: Maryland tenants may break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Landlord harassment.
- Uninhabitable unit.
- Domestic or sexual violence.
Cost of Breaking a Lease in Maryland
If a Maryland tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Maryland
Maryland does not have rent control, but state law allows cities and towns to create their own rent control laws, like in Takoma Park.
In cities without rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 90 days’ notice to tenants on a year lease and 60 days’ notice to tenants on a month-to-month lease. Tenants on a week-to-week lease must be given 21 or 7 days’ notice depending on whether there is an oral or written lease agreement.
Housing Discrimination in Maryland
Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, familial status, sex, or disability. These laws do not apply to some owner-occupied homes or homes operated by religious organizations. State law adds additional protection for individuals on the basis of marital status, sexual orientation, and gender identity.
Discriminatory Acts & Penalties: Enforcement is handled by the Maryland Commission on Civil Rights. They have highlighted the following actions as potentially discriminatory when directed at a member of a protected group:
- Refusing to rent or sell to a qualified buyer.
- Using discriminatory terms or conditions in a lease.
- Advertisements that indicate a preference for or against certain groups.
- Falsely claiming a unit is unavailable.
- Steering prospective tenants into certain neighborhoods.
- Inquiring about birth control or other family planning practices.
- Refusing to make reasonable accommodations.
Maryland state does not list specific penalties for housing discrimination. Those who feel they are the victim of housing discrimination may file a complaint here.
Additional Landlord Tenant Regulations in Maryland
In addition to having laws that address general issues like repairs and security deposits, most states, including Maryland, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Maryland
Maryland landlords have broad rights to enter rental property for purposes reasonably related to the rental agreement, primarily maintenance and inspections. There are no laws regulating specific reasons for entry or specific amounts of advance notice, so the lease usually controls in most situations. A landlord can enter without permission or notice in an emergency.
Rent Collection & Related Fees in Maryland
The following state laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: Landlords must not charge more than 5% of the rent due as a late fee. However, if rent is paid weekly, the maximum late fee is $3 per week up to $12 total.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required for cash or upon request.
Cities and towns can enact their own rules, so landlords should check local laws for additional requirements. For example, landlords are required to provide a 10-day grace period for the payment of rent in Baltimore, Takoma Park, and unincorporated Montgomery County.
Small Claims Court in Maryland
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Maryland Small Claims Court is a division of District Court. The process takes approximately three to four months.
Mandatory Disclosures in Maryland
Maryland landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about concentrations of lead paint used in the building.
- Agent Contact Information: Landlords, owners, or other individuals authorized to act on the landlord’s behalf must disclose their name and business address.
- Security Deposit Receipt: If a landlord charges a security deposit, the landlord must include a receipt of the deposit that includes specific disclosures, such as the tenant’s right to attend an initial inspection.
- Water & Sewage Utility Obligation: Applicable to leases where the tenant pays utilities to the landlord as part of a one or two-unit residential building.
- Habitation: All rental agreements must include a statement concerning the condition of the property in regard to habitation and safety.
Changing the Locks in Maryland
Maryland law has no regulations on tenants changing their own locks, so this is allowed as long as the lease doesn’t say otherwise. Landlords are not permitted to unilaterally change locks on a tenant, as this is considered a form of illegal “self-help” eviction.
Local Laws in Maryland
Many cities in Maryland have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Baltimore Landlord Tenant Rights
The City of Baltimore has regulations that require the installation of smoke detectors and that landlords disclose whether the unit is in a floodplain. Baltimore landlords are required to provide a 10-day grace period for the payment of rent. More information on these and other local ordinances can be found here.
Takoma Park Landlord Tenant Rights
Takoma Park maintains its own rent stabilization program. It requires landlords to give at least 2 months’ notice before raising rent and rent hikes cannot exceed the city’s annual rent allowance. Additionally, Takoma Park landlords are required to provide a 10-day grace period for the payment of rent. More information about these policies can be read here.
