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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Are landlords in Maryland required to give notice before entering the property?
There is no legal statute in Maryland that limits a landlord's ability to enter a property or mandates that they give their tenants advance notice. However, it is best practice to give at least 24 - 72 hours' notice before entering the property.
Are landlords in Maryland allowed to enter the property to conduct maintenance and repairs?
There is no law in Maryland governing the notice period that a landlord must give for access to a unit other than in an emergency.
Nonetheless, most landlords give their tenants advance warning if they need to enter the apartment to perform maintenance or repairs as a form of courtesy.
Maryland landlords are allowed to charge late rent, although the maximum amount they can charge is 5% of the total amount owed. (Maryland Code, Real Property § 8-208.1(d))
Source: Tenant Rights and Responsibilities | Montgomery County (.gov), Landlord Rights and Responsibilities | Montgomery County (.gov)
SECTION 2
There are no state-wide rent control laws in Maryland. Nonetheless, some counties and municipalities are allowed to enact their own rent control legislation.
As long as there are no local maximum rent increase regulations, landlords are free to raise rents as much as they deem fit.
Landlords must notify tenants before increasing the rent. However, the specific notice requirements for raising rent in Maryland depends on the lease type — usually between seven and ninety days. Below is a breakdown of the notice required to raise rent in Maryland. (Md. Code, Real. Prop. § 8-209)
While landlords are able to increase rent at any time by giving the required written notice, it is illegal under both federal and state law to raise rent for retaliatory or discriminatory purposes.
Tenant discrimination in the housing market is prohibited by the Federal Fair Housing Act on the grounds of race, disability, familial position, religion, color, or sex.
Laws against income-based discrimination are also in existence in Montgomery and Frederick County for tenants.
Moreover, rent increases that are carried out directly in response to a tenant's activity are forbidden by Maryland law as being motivated by retaliation.
Source: Landlords and Tenants - Maryland Attorney General, Rent Stabilization| Montgomery County (.gov)
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SECTION 3
According to Maryland law, a lease agreement should include certain provisions that protect both the landlord and the tenant.
Yes. However, there are some exceptions to this. According to (MD. Code, Real, Prop. § 8-208(a)(1)), any landlord offering 5 or more dwelling units for rent must use a written lease for residential properties. And if a landlord fails to provide a written lease, the tenancy is presumed to be for 1 year unless the tenant gives 1 month's written notice to end it earlier.
Below is a list of some of the essential things to include to ensure a smooth and legally binding lease agreement. (MD. Code, Real, Prop. § 8-208(c))
Landlords must provide a tenant with a fact sheet prepared by the Maryland Department of Agriculture concerning lead poisoning. This is stipulated under (MD. Code, Real. Prop. § 8-208(3))
There are several prohibited clauses that landlords in Maryland cannot include in the lease agreement as per (MD. Code, Real, Prop, § 8-208(d)). These include:
Source: Md. Code, Real Property § 8-208; § 8-105
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SECTION 4
Maryland landlords are allowed to demand a security deposit from the tenant. However, there are specific limitations and duties required by Maryland law as regards security deposit.
According to Maryland tenant deposit laws, the maximum security deposit a landlord can charge is equal to two months' worth of rent per for each unit, regardless of the number of renters.
If a landlord charges more than the stipulated maximum, he or she can be liable to refund the tenant of up to three times the additional amount in addition to reasonable legal fees. Tenants may file a lawsuit to recover this sum at any point during the rental term or within two years after its conclusion (Md. Code, Real. Prop. § 8-203(b)(1)).
Additionally, landlords need to provide a receipt for the security deposit when it’s collected.
Landlords in Maryland are allowed to request pet deposits from tenants with pets to cover potential damage to the rental property, with the exception of service dogs and emotional support animals.
However, the entire security deposit is limited to two months' worth of rent. Landlords cannot exceed the maximum security deposit amount by using a different name, such as "pet deposit" or "damage deposit.”
A landlord has the right to withhold part or the whole of the tenant's security deposit to cover for unpaid rent, loss resulting from a breach of the lease, or damage, caused either directly or indirectly by the tenant, beyond normal wear and tear. (Md. Code, Real. Prop. § 8-203(f)(1))
Yes, landlords must provide a written list of damages claimed and an itemized statement of costs within 45 days after the end of the tenancy if any portion of the security deposit is withheld. (Md. Code, Real. Prop. § 8-203(g)(1))
Landlords must keep security deposits in federally insured financial institutions within the State, or in insured certificates of deposit or securities issued by the federal or state government. These accounts must be dedicated to security deposits and bear interest.
Each security deposit must be deposited by the landlord into that account within 30 days of receipt. The security deposit cannot be used by the landlord to collect debts owed to third parties (Md. Code, Real Property § 8-202(d); Financial Institutions § 1-101).
Yes, landlords must pay interest on security deposits. The interest must be calculated at the daily U.S. Treasury yield curve rate for 1 year or 1.5% per year, whichever is greater. Interest is payable only on deposits of $50 or more and is not due for periods less than a full month or less than 6 months of holding. (Md. Code, Real. Prop. § 8-203(e)(1) and (2))
In Maryland, landlords must return tenant's security deposit (plus interest) within 45 days following the termination of the tenancy, unless they have any valid reason to withhold the deposit. (Md. Code, Real. Prop. § 8-203(e)(1).
Tenants have the right to sue the landlord for up to three times the amount withheld plus reasonable legal fees if they fail to refund the deposit without a valid reason.
Should the landlord decide to withhold a portion or all of the security deposit they must provide a documented inventory of damages, together with an estimate of the cost to fix them, via email within the 45 days of a tenant moving out. The landlord forfeits any right to deduct any amount from the security deposit if they don't accomplish this.
Source: Landlords and Tenants - Maryland Attorney General | Maryland Attorney General (.gov), (Md. Code, Real Property § 8-203)
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SECTION 5
Landlords in the state of Maryland are only allowed to start an eviction process for valid reasons. These justifications serve as the foundation for what the law considers to be a legitimate cause for asking a tenant to leave a property.
Here are some of the grounds for eviction in Maryland:
Before a landlord can pursue an eviction process, they first need to notify the tenant of their intent to fi;le a claim in the district court.
The eviction proceedings in Maryland are initiated when a landlord aims to legally remove a tenant from their property. It's a multi-step legal procedure that demands adherence to protocols outlined by the Maryland District Court.
Below is a breakdown of Maryland eviction process.
Source: Eviction: Get the Facts - Maryland Attorney General
SECTION 6
There are several Maryland rental application laws that govern rental applications and screening. Failure of a landlord to comply with these laws comes with the risk of being sued by the applicant and facing legal repercussions.
Under Maryland law, there is no maximum rental application fee limit.
However, if the application fees (excluding the security deposit) exceed $25, the landlord must return any portion of the fees that weren't used for legitimate expenses (like credit checks) within 15 days after the tenant moves in or decides not to rent.
If the landlord doesn't return the fees, they could be liable for double the amount in damages. (Maryland Code, Real Property § 8-213)
Here are some of the details every landlord in Maryland should ask potential talents in Maryland rental applications:
Additionally, a typical rental application requires the landlord to provide a number of legal disclosures. They have to provide details on:
Source: Tenant Application - Landlords | Montgomery County (.gov)
Furthermore, it is illegal for landlords to discriminate against tenants on the grounds of race, color, national origin, religion, sex, marital status, physical or mental impairment, ancestry, economic source, sexual orientation, or age.
You can read the Landlord-Tenant Handbook, pages 6-7, and "Laws Against Housing Discrimination" for additional details on federal and state non-discrimination legislation.
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SECTION 7
Breaking a lease agreement usually lead to dispute among landlords and tenants. However, Maryland laws have provision with regards tenants’ obligations to provide notice to landlord and meeting any financial obligations upon lease termination.
Maryland requires landlords and tenants give written notice to the other party when bringing a lease to an end.
Landlords also have to provide notice, including the time and date of the move-outinspection. The tenant has the right to be present at this inspection.
If certain requirements are met, an early termination clause in a lease permits a tenant to end the agreement early. For instance, they pay a fee, give written notice, and the tenant leaves the property early without incurring any penalties. Usually, the cost is the same as two months' worth of rent.
Active service members who violate their leases due to deployment or station changes are protected by the Servicemembers Civil Relief Act. However, in order to breach the lease, the renter needs to take the following actions:
The lease termination is not immediate even with these steps. It would take at least thirty days after the start of the following rent month, provided the tenant gives written notice to the landlord.
Landlords are obliged to ensure the rented property is in compliance with all Maryland Warranty of Habitability Standards. Failure to keep the property in a habitable way is considered as the landlord "constructively" evicting the tenant. In this case, tenants are allowed to break the lease agreement legally.
Tenants in Maryland are entitled to the peaceful enjoyment of their rental home. You are only permitted entry as a landlord for specific purposes and at specific hours. There are laws in most places that specify how much notice a landlord needs to provide a renter before allowing them into their apartments. Maryland, on the other hand, does not.
In any case, the majority of landlords do give their renters enough notice before letting them into their apartments. It prevents breaches of the "covenant of quiet enjoyment" and cultivates stable landlord-tenant relationships.
Maryland, like most other states, offer specific safeguards and departure opportunities to victims of domestic abuse, even prior to the lease's expiration date.
A renter may terminate the agreement at any time without incurring any further obligations if they become the victim of domestic abuse. Tenants would, however, need to provide documentation of their status as victims of domestic abuse before breaching the lease.
Source: (Md Real Property Code, 8-5A-03 and 8-5A-04).
SECTION 8
Below is an overview of some Maryland HOA Laws that often apply to homeowners associations:
According to the Maryland Homeowners Association Act, homeowner organizations must provide their members with access to specific governance papers in order to conduct business transparently. The Articles of Incorporation, Bylaws, and the Declaration of Covenants, Conditions, and Restrictions are frequently examples of these essential documents. (Maryland Homeowners Association Act)
This act makes sure that homeowners are informed about and may enforce laws and regulations pertaining to real estate.
Condo organizations are subject to rules under the Maryland Condominium Act that specify how common elements are handled, how many votes are needed to make decisions, and how condo fees are managed.
The Act also specifies how associations are to handle individual unit sales and unit owners' rights under the condominium system. (Maryland Condominium Act,
Cooperatives where members own shares in a corporation that owns the property are governed under the Maryland Cooperative Housing Corporation Act. Proprietary leases provide cooperative members the right to occupy. (Maryland Cooperative Housing Corporation Act)
This Act specifies the cooperative's obligations with regard to real estate and resident members' rights, disclosures, fees, and cooperative management.
SECTION 9
According to Maryland's adverse possession statute, a squatter cannot claim ownership of a piece of property until they have had continuous possession of it for at least 20 years. Adverse possession serves as the legal foundation for squatters' rights in Maryland.
Before attempting to acquire Maryland squatters rights, a squatter in adverse possession must fulfill a number of requirements, including:
Source: Landlords and Tenants - Maryland Attorney General
SECTION 10
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
