Maryland Landlord-Tenant Law: Overview of Rights 2024

Maryland landlord-tenant law consists of regulations created by state and local governments to safeguard the rights of landlords and tenants in the Old Line State. These laws are essential for landlords who rent or are considering renting property.

In this article, we will review the rights and responsibilities of landlords and tenants, fair housing laws, any recent Maryland landlord-tenant laws that may have been passed, and the eviction process, among other topics.

Continue reading for a comprehensive overview of the laws landlords and tenants in Maryland must know.

Key Findings: Landlord-Tenant Rights & Responsibilities

The core component of Maryland landlord-tenant law is clearly outlining the rights and responsibilities of landlords and tenants. These are laws passed by the state legislature; we’ll summarize some of those below.

Maryland landlords have the right to:

• Establish lease terms. Landlords can construct a lease if the terms comply with Maryland landlord-tenant law.
• Collect rent. Landlords have the right to collect rent from tenants in exchange for property usage.
• Screen tenants. Landlords can screen tenants and examine their credit, criminal, and eviction histories.
• Enter the property. Landlords may enter the rental unit as long as it’s for legitimate reasons and with proper notice.
• Evict tenants. Maryland owners can pursue eviction proceedings against tenants who fail to pay rent or commit a lease violation.

Maryland landlords are responsible for:

• Providing a habitable unit. Landlords must ensure the property meets basic habitability requirements, including working plumbing, heating, and electricity.
• Complying with security deposit laws. Landlords in Maryland must provide tenants with a written receipt of the security deposit. They can collect up to two months’ rent as a deposit.
• Providing notice for entry. While Maryland law does not specify a specific timeframe, landlords must provide tenants with reasonable notice before entering the rental unit.
• Complying with eviction laws. Landlords must follow the legal eviction process before removing a tenant for cause.
• Providing a written lease. For tenancies of 12 months or longer, landlords and tenants must sign a written lease.

Maryland tenants have the right to:

• Withhold rent. If a landlord refuses or fails to make necessary repairs within a reasonable amount of time, the tenant may pay rent to the court instead of the landlord until the problem is fixed.
• Privacy. Tenants are entitled to privacy in their unit, preventing the landlord from entering with short notice or on repeated attempts.
• Fair housing. Tenants are protected from discrimination under the Fair Housing Act when seeking housing.
• Early lease termination. If the tenant makes a legally qualifying condition (more on that below), the tenant may cancel a fixed-term lease early and without penalty.
• A habitable home. The property must be legally habitable, and the landlord must make necessary repairs that threaten that habitability, if necessary.

Maryland tenants are responsible for:

• Paying rent on time. Tenants must pay the amount listed in the lease agreement and on time.
• Promptly reporting maintenance issues. Tenants must inform landlords of any serious maintenance issues as soon as possible so the landlord can make the necessary repairs.
• When renting a unit, tenants must use the property lawfully and comply with all local, state, and federal laws.
• Following lease terms. A lease is legally binding, and tenants must always adhere to it.
• Providing proper notice before moving out. Tenants must provide the landlord with adequate notice before moving out.

Best Practices for Screening Prospective Tenants

Maryland landlords may charge a rental application fee of up to $25, but if the actual cost of the background check is higher, they must give the tenant an itemized receipt specifying the precise amount of the screening. This rule does not apply to landlords with four or fewer units.

Landlords can screen the tenant’s criminal and credit history and use that information to inform their decision on the applicant. If the tenant is denied due to credit history, the Fair Credit Reporting Act requires landlords to notify applicants that their credit history is the reason for the denial.

Landlords must outline screening criteria for applicants, treat each applicant fairly, adhere to federal and state regulations, ensure transparency, and maintain proper documentation.

TurboTenant offers comprehensive Tenant Screening features to help landlords streamline their workflow and make informed decisions about who they choose to rent to.

Compliance with Fair Housing Laws in Maryland

Fair housing laws level the playing field for people searching for housing. Landlords must understand these state and federal laws to protect their businesses. Further, anybody working for the landlord must follow these laws, or the landlord could be liable for their actions.

What actions are considered housing discrimination?

The Fair Housing Act describes the characteristics landlords cannot consider when considering tenants.

It’s illegal for landlords to discriminate against a tenant because of the following characteristics:

• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Race or color
• Disability
• Familial status

Federal fair housing laws apply to tenant acceptance, real property advertising, and screening, and they must be followed at all stages of the process.

Montgomery County prohibits discrimination based on race, color, ancestry, sexual orientation, marital status, presence of children, age, source of income, and family responsibilities.

How can discrimination be avoided in rental practices?

The best way to avoid potential discrimination during the rental process is to establish consistent advertising and screening criteria that apply to every applicant.

Landlords should avoid asking questions about the abovementioned criteria and evaluate criminal history carefully. They should also make reasonable accommodations for disabilities and ensure that staff fully understand the implications of the Fair Housing Act.

What are the repercussions for fair housing violations?

Property owners can face financial or legal consequences if they violate fair housing laws. In addition to government-related penalties, landlords can face lawsuits from tenants who feel their rights have been violated.

Further, the federal penalties for violating Fair Housing laws can be 10s of thousands of dollars, so make sure you adhere to Fair Housing laws or face stiff penalties.

Landlords accused of fair housing violations should consult an attorney and document everything carefully.

Maryland Lease Agreements

Maryland requires written leases for tenancies lasting one year or longer or if a landlord owns more than five rental units. However, even for shorter rental terms, legally binding lease agreements are a good idea to ensure clear expectations and lessen the chance of problems later.

Leases typically come in two forms: fixed-term and month-to-month. A fixed-term lease has a specific rental length (often one year) and expires at the end of the term. Month-to-month leases are also commonly used and can be canceled by the landlord with 60 days’ notice. However, tenants must only give 30 days’ notice when ending a month-to-month lease.

Which lease terms are legally required in Maryland?

To be considered a legal lease in Maryland, it must contain the following information:

• Names and addresses of all parties
• Rent amount, payment methods, and any potential late fees
• Duration of the lease
• Maintenance responsibilities for each party
• Utility responsibilities for each party
• Description of the security deposit
• Notice requirement for lease termination

What constitutes legal renting in Maryland?

Written leasees must be used for tenancies longer than a year. Rental units must comply with all local housing codes, including occupancy limits and building code requirements. To ensure compliance, they must also meet all minimum health and safety standards, including passing periodic state inspections.

What tenant documentation is required?

When a tenant applies to rent a unit, landlords will typically require:

• Government-issued ID
• Proof of income
• Employment verification
• Credit history (which is often part of the tenant screening process)

Landlords should keep all records during the process in case any disputes arise.

What are the mandatory landlord disclosures in Maryland?

Most states require landlords to disclose certain information about the rental property to new tenants before signing the rental agreement.

Maryland landlord-tenant law requires landlords to disclose the following:

• The existence of any lead-based paint or lead-based paint hazards in units built before 1978
• The name, address, and phone number of the person authorized to manage the property
• A written receipt of the security deposit that describes the Maryland rules for handling the deposit, as well as the right for landlords to inspect the property with notice
• How utilities are calculated if they are shared between units
• Statement on receipts for security deposits pursuant to Md. State Code Section 8-2031.
• Habitability statement describing known defects (Md. Real Property Code Section 8-212).
• Montgomery County requires a Window Guard Disclosure for all above-ground units rented to households with children under the age of 11, which must be provided upon tenant request (Montgomery County Code Sec. 29-35D).
• Montgomery County and the City of Baltimore require a shared utility disclosure describing all utilities under shared meters and the method for splitting the bill (Md. Code Sec. 8-212.4).
• The City of Baltimore requires a floodplain disclosure describing if the premises, the parking area, or any sheds or separate storage areas are prone to flooding during periods of heavy rain (Baltimore County Sec. 32-8-208).

If landlords do not make the required disclosures to tenants, the tenant may have the right to terminate the lease agreement. The state or federal government could also penalize landlords.

Security Deposits in Maryland

Security deposits are critical for landlords because they provide financial protection when renting out their properties. The state regulates these deposits and establishes rules for collecting, handling, and returning them.

What are the guidelines for security deposit collection?

For new Maryland tenant rights, 2024 has seen a change in the amount landlords can charge for security deposits. Instead of the previous two months, landlords can now charge a maximum of one month’s rent for the deposit. When landlords collect the deposit, tenants should walk through the unit, noting any existing damage as a point of comparison for move-out.

Maryland requires security deposits in federally insured banking institutions and pays interest at 1.5% per year or the amount based on the US Treasury yield curve, whichever is greater.

When can deductions be made from security deposits?

Landlords are allowed to deduct funds from the security deposit for unpaid rent, damage beyond normal wear and tear, cleaning costs, or breaches of lease terms.

If the landlord is holding any funds back, they must inform the tenant via written notice with an itemized list of deductions.

How should security deposits be returned?

Landlords should use the move-in checklist as a point of comparison to assess the extent of the damages to the rental unit when calculating the percentage of funds being withheld. This can include broken windows, holes in the walls, damaged flooring, or extensive cleaning needs.

To ensure full transparency, the landlord has 45 days after the tenant moves out to return the remainder of the funds, including an itemized list of the damages and withholdings.

Maintenance Responsibilities of Landlords

Maryland landlord-tenant law requires landlords to always maintain the rental property in habitable condition. Failure to do so can result in legal disputes and financial consequences, including tenant complaints that could lead to lawsuits or lease cancellation.

What are the legal standards for property conditions?

Each property an owner maintains must meet minimum safety and health standards established by Maryland tenant rights. This includes ensuring that plumbing, heating, and electrical systems are functional and in good working order, which helps protect tenants and keeps properties compliant with state and federal law.

What is the proper protocol for repairs?

In Maryland, tenants can request repairs whenever a necessary utility renders the unit unsafe, uninhabitable, or violates health and safety standards. Landlords must address any issues within a reasonable timeframe, or tenants may be able to request court intervention by putting rent into an escrow account until the repairs are made.

Do landlords need to give tenants advance notice before accessing a rental property?

While Maryland tenant rights don’t specify a specific timeframe, landlords may enter a tenant’s unit for maintenance or necessary repairs if reasonable notice is given. Excessive entry could qualify as landlord harassment if the landlord violates this policy.

In these cases, tenants can petition the court for an injunction, which could allow them to break the lease early without penalty.

Late Rent Fee Regulations

Maryland law does not require a mandatory grace period for rent payments; however, landlords are free to include one in the lease agreement. Late fees are allowed once rent is late, but they cannot exceed 5% of the monthly rent and must be written explicitly into the lease.

Montgomery County and the City of Baltimore have stated that late fees cannot be assessed until a 10-day grace period has passed.

Rent Control in Maryland

Rent control (or rent stabilization) is a way for states to limit the amount landlords can charge for rent or how much it can be increased over time. Maryland does not have statewide rent control. However, some local jurisdictions have their own rent control policies. For instance, both Takoma Park, MD, and Montgomery County have their own guidelines for raising rent, and landlords in these areas should check their local laws before raising rent on tenants.

In general, landlords across most of the state can increase the rent on existing tenants as they see fit, per the lease agreement, but they must give at least 90 days’ written notice before charging the higher rent.

Lease Renewal and Termination

Unless otherwise specified in the lease agreement, fixed-term leases terminate on the last day of the agreement. Month-to-month leases can be terminated by the landlord with 60 days’ written notice or by the tenant with 30 days’ written notice. Landlords in Maryland are not obligated to renew a tenant’s lease when the term expires.

Maryland tenant rights allow tenants to end a fixed-term lease early and without penalty in only a few circumstances, including:

• Entering into active duty military service
• Domestic violence
• Uninhabitable living conditions
• Landlord harassment
• Death of a tenant

Landlords may end a fixed-term lease early if:

• The tenant commits lease violations
• Tenant fails to pay rent
• The landlord takes back occupancy of the unit for their own use

Eviction Procedures for Maryland Landlords

Evictions are the only legal way to remove a tenant who commits a lease violation, such as non-payment of rent or conducting illegal activities on the property. Because eviction laws can vary from state to state, landlords must fully understand Maryland law before proceeding with the eviction process.

What justifications exist for eviction?

While some local jurisdictions require just cause (fault) to evict a tenant successfully, Maryland is a no-fault eviction state. Even in many areas of the state, proper cause does not have to be proven, and the eviction process must still follow all legal guidelines.

Evictions can occur for a few reasons, including:

• Non-payment of rent
• Lease violations
• Illegal activity
• Health or safety issues

When landlords begin the eviction process, they should document all violations as best they can, as this material might be necessary as evidence during the proceedings.

What is the eviction process?

The eviction process in Maryland is as follows:

• Deliver notice to vacate
  • 10-day notice to pay rent when rent is late
  • 14-day notice to quit if there is an imminent threat to person or property
  • 30-day notice to quit for all other lease violations
• File eviction complaint with the court
• Attend the court hearing where a judge will issue a judgment
• If the court rules in favor of the landlord, they will issue a Judgment for Possession
• Landlord will then file for a Warrant of Restitution
• The sheriff will remove the tenant if they have not left on their own

How is property reclaimed after eviction?

Once the court issues the court has issued the Judgment for Possession and the Warrant of Restitution, the sheriff will schedule the tenant’s eviction. Landlords must not attempt to remove the tenant on their own, as self-help evictions are illegal.

Maryland landlords are not required to store a tenant’s belongings after they have been evicted, and there are no state laws dictating how they must handle those belongings after taking possession of the unit.

Local Ordinances for Landlords and Tenants

Since landlord-tenant law tends to vary from state to state, it’s important that landlords fully understand the state-specific laws before renting out property.

Additionally, many local areas have their own laws, and Municode is a great place to stay up-to-date on all specific statutes and changes.

Federal Landlord-Tenant Laws

While landlord-tenant laws are primarily governed by state law, federal laws also impact landlords and tenants.

• The Federal Fair Housing Act describes the characteristics landlords must avoid in determining which applicants to select for their units
• The Americans with Disabilities Act (ADA) outlines the steps landlords must take in providing fair accommodations for those with disabilities
• The Consumer Finance Protection Bureau (CFPB) oversees housing and provides resources for lease agreements, evictions, and security deposits
• The U.S. Department of Housing and Urban Development (HUD) oversees federal housing guidelines, including information about fair housing and housing assistance programs

Managing Tenant Legal Disputes as a Maryland Landlord

When landlord and tenant disputes arise, landlords must document every step of the process to ensure transparency. Clear communication and closely following the law can also help resolve issues promptly.

Resources are available to help landlords and tenants navigate disputes that cannot be resolved quickly.

• Maryland Judiciary Self-Help Centers: Maryland offers free legal advice and assistance for landlords and tenants with guidance on housing court processes
• Maryland Legal Aid is a nonprofit that offers free legal services for qualifying landlords and tenants that focuses on housing disputes and evictions
• District Court of Maryland offers details on filing landlord-tenant complaints and eviction procedure
• The Maryland Tenant Rights Hotline provides free legal advice for tenants dealing with foreclosures

Navigate Your Landlord-Tenant Relationship with TurboTenant

With access to free property management software, managing Maryland landlord-tenant law has never been easier. TurboTenant is a highly rated platform that streamlines your day-to-day workflow and makes renting out property a breeze.

TurboTenant offers landlords:

• Online rent collection
• State-specific lease agreements
• Rental applications and comprehensive tenant screening
• Maintenance and repair tracking tools

So sign up for a free TurboTenant account today, and let us help you manage your property while keeping Maryland tenant rights in mind.

Maryland Landlord-Tenant Law FAQs