Key Takeaways

  • Security deposit max: 2 months' rent..
  • Return deadline: 45 days after the tenancy ends..
  • Rent control: Local only.
  • Repair and deduct: Allowed.
2 months' rent. Security deposit maximum
45 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amount2 months' rent.
  • Return deadline45 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and other charges authorized by law. Must provide an itemized list of deductions and return the balance within 45 days. Deposits must be held in a separate escrow account.

Eviction Process

  • Notice requirementsImmediate notice (no pre-suit notice required) for nonpayment of rent; landlord can file for failure to pay rent directly. 30-day notice for lease violations (breach of lease). 30-day notice for holdover tenancies.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 6 weeks for uncontested failure-to-pay cases. Breach of lease and holdover cases may take longer.

Rent Control

Maryland does not have statewide rent control. However, some local jurisdictions have rent stabilization measures. Montgomery County and Takoma Park have rent stabilization ordinances. Prince George's County had rent stabilization that expired.

Repair and Habitability

  • Repair and deductAllowed
  • Rent withholdingAllowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice1 month's notice (at least one full rental period before the desired termination date) by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA. Victims of domestic violence may be able to terminate early.

Key Statutes

  • Maryland Real Property Code - Landlord and Tenant: Md. Code, Real Prop. §§ 8-101 to 8-604
  • Security Deposits: Md. Code, Real Prop. § 8-203 to 8-203.1
  • Warranty of Habitability: Md. Code, Real Prop. § 8-211
  • Retaliation: Md. Code, Real Prop. § 8-208.1
  • Eviction (Failure to Pay Rent): Md. Code, Real Prop. § 8-401

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Maryland

Frequently Asked Questions

  • What is the security deposit limit in Maryland?

    Maryland limits security deposits to 2 months' rent. The landlord must hold the deposit in a separate escrow account and return it within 45 days after the tenant moves out.

  • Does Maryland have rent control?

    Maryland does not have statewide rent control, but some localities have rent stabilization programs. Montgomery County and Takoma Park are notable examples with rent stabilization ordinances.

  • Can I withhold rent for repairs in Maryland?

    Yes. Maryland tenants can withhold rent or use the repair-and-deduct remedy if the landlord fails to correct conditions that affect health and safety after proper notice. Tenants may also file a rent escrow action in District Court.

  • How quickly can a landlord file for eviction for nonpayment in Maryland?

    Maryland does not require a pre-suit notice for failure to pay rent. The landlord can file a failure-to-pay-rent complaint in District Court as soon as rent is overdue. The court hearing is typically scheduled quickly.

Sources