Maryland Tenant-Landlord Rental Laws & Rights for 2024
Overview of Landlord-Tenant Laws in Maryland
Maryland has specific laws governing various aspects of the landlord-tenant relationship. Landlords are allowed to charge application fees, but these must be limited to the landlord's actual out-of-pocket costs for processing the application and obtaining tenant screening reports. Landlords must provide applicants with a receipt for any application fees paid.
Leases in Maryland can be oral or written agreements. However, it's strongly advisable to have a comprehensive written lease that specifies key terms like the monthly rent amount, due date, which utilities are included, rules about pets, and any other provisions. Tenants have the right to request a written receipt from the landlord for any rent payments made.
For security deposits, Maryland caps the maximum a landlord can charge at the equivalent of two months' rent for an unfurnished unit or three months' rent for a furnished unit. Security deposits must be placed in an escrow account or rental property surety bond specifically for that purpose.
Landlords in Maryland are required to have a rental property surety bond that covers any security deposit amounts they collect from tenants. This provides financial protection for tenants in case the landlord fails to properly handle security deposit funds.
When it comes to damage vs normal wear and tear, landlords can only deduct from the security deposit for actual damage caused by the tenant beyond normal wear and tear from ordinary use. They cannot withhold deposit funds simply due to the rental being slightly more worn than when the tenant moved in.
Maryland tenants have the right to take possession of the rental unit at the start date specified in the lease agreement. Landlords cannot continue to rent out the unit or deny possession without valid legal grounds.
If a landlord fails to provide proper advance notice of non-renewal, the lease automatically continues on a month-to-month basis with the same terms. Tenants are not obligated to move out until receiving the legally required termination notice.
If a tenant needs to break their lease early, they remain responsible for paying rent for the full lease term until the landlord is able to re-rent the unit to a new tenant. However, the landlord does have a duty to try to mitigate the financial damages by making reasonable efforts to fill the vacancy.
Maryland allows tenants to use rent escrow if there are serious repair issues that render the rental unit uninhabitable, such as lack of heat, water leaks, or lead paint hazards. The rent is paid to an escrow account and the landlord cannot collect it until the repairs are made.
On the topic of lead paint, Maryland has strict disclosure and mitigation requirements for rental properties built before 1978 due to the health risks of lead exposure. Landlords must provide tenants with EPA-approved information on lead hazards and comply with risk reduction standards.
Tenant Rights and Protections
Tenants in Maryland have important rights and legal protections under state law. Landlords are prohibited from retaliating against tenants who exercise their rights by filing complaints or joining a tenant organization. Retaliation can take forms like raising the rent, decreasing services, or threatening eviction.
When a tenant moves out, landlords must return the security deposit plus interest within 45 days, minus any deductions for damages beyond normal wear and tear. Landlords must provide tenants with a written list of any deductions.
Maryland law requires landlords to provide properties that meet minimum standards of habitability and safety. This includes maintaining vital systems like electricity, heat, plumbing and structurally sound premises free of hazards like lead paint. Tenants have the right to withhold rent and pay it into an escrow account if serious repair issues are not addressed.
If tenants fall behind on rent, they have a legal right to "redeem" the tenancy and avoid eviction by paying all overdue rent plus fees before the eviction hearing date. An eviction requires the landlord to obtain a court order through a formal legal process. Self-help evictions like lockouts or utility shut-offs are illegal.
Late fees charged by landlords are limited to no more than 5% of the monthly rent. And in cases of foreclosure, the new owner must uphold existing tenant leases rather than forcing immediate move-outs.
Ending a Tenancy
Notice to Terminate Month-to-Month Leases
In Maryland, landlords must provide at least 30 days' written notice to terminate a month-to-month rental agreement. However, in Baltimore City, a longer 60-day notice period is required for the landlord to end a month-to-month tenancy.
Written Lease Requirements
Maryland law requires landlords to use a written lease if requested by the tenant. The written lease must specify the terms and conditions, such as the rental period, amount of rent due, and any other provisions agreed upon by both parties.
Continuing Month-to-Month After Lease Ends
If a tenant remains in the rental unit after the fixed-term lease expires, and the landlord accepts rent payments without objection, the tenancy automatically converts to a month-to-month periodic tenancy under the same terms and conditions as the original lease.
Security Deposits
In Maryland, there are limits on how much a landlord can charge for a security deposit. For an unfurnished rental unit, the maximum security deposit allowed is two months' rent. For a furnished unit, landlords can charge up to three months' rent as a security deposit.
Landlords must place all security deposits in a dedicated escrow account or provide tenants with a rental property surety bond to cover the deposit amount. This protects the tenant's money during the lease term.
When a tenant moves out, landlords can deduct from the security deposit to cover any damages to the rental property beyond normal wear and tear. However, they cannot withhold money for minor issues resulting from normal usage over time. Any deductions must be well-documented with itemized costs.
Maryland security deposit law requires landlords to return any remaining security deposit within 45 days after a tenant's move-out date. If any portion was withheld for damages, the landlord must provide the tenant with an itemized list of damages and repair costs.
Lease Termination by Landlord
In Maryland, landlords must provide proper notice to tenants before terminating a lease agreement. The notice period required depends on whether the tenancy is month-to-month or a fixed-term lease.
For month-to-month tenancies, landlords must give at least 30 days' written notice before the desired termination date. However, in Baltimore City, landlords are required to provide 60 days' notice to terminate a month-to-month lease.
For fixed-term leases with a defined end date, landlords typically do not need to provide notice, as the lease expires on its own terms. However, if the landlord wishes to terminate the lease early before the end date, they must have legal justification and provide proper notice.
Allowable reasons for a landlord to terminate a lease early in Maryland include:
- Substantial breach of lease terms by the tenant (such as non-payment of rent or property damage)
- Illegal or disruptive activity by the tenant on the premises
- The tenant remaining on the property after the lease has expired (holdover tenant)
If the landlord is terminating for one of these permitted reasons, they must provide written notice with specifics on the violation or reason for termination. The notice period is generally 30 days in Maryland, but can vary based on the reason cited.
It's important for tenants to understand their rights and the proper procedures landlords must follow for lease termination. Failure by the landlord to provide adequate notice or legal justification may enable the tenant to remain in the property.
Evictions in Maryland
Evictions in Maryland must follow a formal court process, providing important protections for tenants facing removal from their rental home. Landlords cannot simply lock out or remove a tenant's belongings without going through the legal eviction procedures.
There are specific legal reasons that allow a landlord to pursue eviction, such as non-payment of rent, violation of the lease terms, or the tenant remaining after the expiration of the lease. However, landlords cannot evict in retaliation for a tenant exercising their rights, such as requesting repairs.
To begin the eviction process, landlords must provide proper written notice to the tenant, typically 30 days for non-payment of rent or 60 days for the end of a lease term. If the tenant does not vacate after this notice period, the landlord must then file for eviction through the district court.
Tenants have the right to attend the court hearing and dispute the eviction. Eviction judgments require the court to find that the landlord has met the legal grounds and followed proper procedures. If eviction is granted, tenants still have a window of time to pay any outstanding rent and fees to avoid the actual eviction.
During the COVID-19 pandemic, Maryland implemented temporary eviction moratoriums and additional protections for tenants financially impacted. While the specifics changed over time, these measures aimed to prevent evictions for non-payment of rent in certain situations. Tenants may need to provide evidence of COVID-related hardship.
Overall, while landlords have legal recourse to evict tenants who violate the terms of their tenancy, Maryland law provides court oversight and opportunities for tenants to remedy issues or dispute improper eviction attempts. Eviction cannot occur through extralegal lockouts or self-help measures by landlords.
Squatters' Rights in Maryland
In Maryland, squatters can gain legal rights to a property through a process known as adverse possession. To claim adverse possession, squatters must occupy the property openly, continuously, and without permission for a period of 20 years. During this time, the squatter must treat the property as their own, paying property taxes and maintaining it.
Adverse possession requires strict adherence to legal requirements, and property owners should be vigilant in inspecting their properties to prevent unauthorized occupants from establishing a claim.
This process ensures that property owners remain aware and proactive in managing their properties while providing a legal pathway for squatters who have maintained and improved a property over an extended period.
Rent Increases and Rent Control
Maryland state law does not have any rent control policies that limit how much landlords can raise rents. However, some local jurisdictions have implemented their own rent stabilization measures.
In Baltimore City, landlords must provide at least 60 days written notice for any rent increase over 4%. Additionally, rent increases are capped at no more than the annual increase in the regional Consumer Price Index.
Montgomery County has a voluntary rent control program where landlords can opt-in and receive tax credits in exchange for capping annual rent hikes at the regional CPI rate plus 2%. Tenants must meet income eligibility requirements.
Prince George's County has rent stabilization rules that limit annual increases to 7% for tenants making up to 70% of area median income. Landlords must give at least 60 days written notice of any rent hike.
Other counties like Anne Arundel, Howard, and Frederick do not have any rent control policies in place. Landlords in these areas can raise rents by any desired amount with proper written notice, usually 30-90 days.
For any rent increase, landlords in Maryland must provide tenants with adequate written notice as specified in the lease or local laws. Retaliatory rent hikes are prohibited if the tenant recently filed a complaint or exercised their rights.
Repairs and Maintenance
Under Maryland law, landlords have an obligation to maintain rental properties in a safe and habitable condition. This includes making necessary repairs in a timely manner to keep the premises up to code and addressing issues that impact safety, sanitation, or habitability.
Tenants have the right to a rental unit that meets basic habitability standards, including functioning utilities, weatherproofing, working smoke detectors, and premises free of rodents, lead paint hazards, or other code violations. If a landlord fails to address serious repair issues after receiving proper notice from the tenant, Maryland tenants can exercise "rent escrow" rights.
The rent escrow process allows tenants to pay their rent into an escrow account maintained by the court, rather than to the landlord directly, until the required repairs are made. To initiate rent escrow, tenants must provide the landlord with a written notice specifying the repair issues and stating their intent to pursue rent escrow if the problems are not resolved in a timely manner. If the landlord does not make a good faith effort to complete the repairs, tenants can then file a rent escrow petition with the court.
In emergency situations involving issues like lack of heat, utilities, or major plumbing leaks that render the rental unit uninhabitable, tenants may request an emergency court order to expedite the rent escrow process. The court can then order the landlord to make the necessary repairs, with funds drawn from the rent escrow account.
Landlords cannot retaliate against tenants who exercise their rights under Maryland's repair and deduct laws or rent escrow protections. Retaliation can include terminating a lease, raising the rent, decreasing services, or attempting to constructively evict a tenant through disruptive behavior.
Landlord Entry and Privacy
In Maryland, landlords must respect tenants' right to privacy and have limited legal reasons to enter a rental unit without the tenant's permission. In most cases, landlords must provide proper advance notice before entering.
Landlords can enter without notice only in emergencies that threaten health or property, such as a fire or burst pipe. Otherwise, landlords must give at least 24 hours written notice specifying a reasonable time and intended purpose for entry. This notice requirement applies even if the tenant is behind on rent.
Acceptable reasons for landlord entry with proper notice include:
- Repairs or maintenance
- Inspection of premises
- Showing unit to prospective tenants/buyers
- Services requested by tenant
Landlords cannot abuse their limited right of access or use it to harass tenants. Any entry must be during normal business hours unless otherwise agreed. Landlords who violate these privacy protections may be liable for trespass.
Maryland tenants have the right to a reasonable expectation of privacy in their rental home. Landlords must have a legitimate business reason and provide advance notice before entering, except for true emergencies. These laws aim to balance landlord oversight with respecting tenants' privacy rights.
Housing Discrimination Protections
Maryland's fair housing laws prohibit landlords from discriminating against tenants or prospective tenants based on race, color, religion, national origin, sex, familial status, marital status, sexual orientation, gender identity, disability, or source of income. This covers all aspects of the rental process, including advertising vacancies, tenant screening, lease terms, privileges, services, and facilities.
Landlords cannot refuse to rent, provide false information about availability, charge higher rent or deposits, or apply different rules, policies or standards based on a tenant's membership in one of the protected classes. They also cannot steer renters to certain neighborhoods or units, or make discriminatory statements or publications that indicate a preference against protected classes.
The protections extend to discrimination against someone associated with a person in a protected class, such as a roommate or guest. Landlords must make reasonable accommodations for tenants with disabilities and allow service or emotional support animals. They also cannot discriminate against tenants using housing vouchers or other legal sources of income to pay rent.
Victims of housing discrimination can file complaints with the Maryland Commission on Civil Rights or the U.S. Department of Housing and Urban Development. Landlords found in violation face potential fines, damages, and penalties. Some local jurisdictions also have additional fair housing protections beyond the state law.
Frequently Asked Questions
What rights do renters have in Maryland?
Renters in Maryland have the right to a habitable living environment, protection from discrimination, and the ability to request repairs. They also have the right to privacy, meaning landlords must provide proper notice before entering the rental unit.
What is the tenant safety act in Maryland?
The Tenant Safety Act in Maryland requires landlords to provide and maintain smoke detectors and carbon monoxide detectors in rental properties to ensure tenant safety.
What is the Maryland renters rights bill?
The Maryland Renters Rights Bill includes various protections for tenants, such as the right to a habitable home, protection from unlawful eviction, and the ability to withhold rent for serious repair issues through a rent escrow account.
Is Maryland a tenant or landlord-friendly state?
Maryland is generally considered a tenant-friendly state due to its comprehensive tenant protection laws, including stringent regulations on eviction processes and security deposit handling.
How many months behind on rent before eviction in Maryland?
In Maryland, landlords can initiate eviction proceedings after a tenant is late on rent, typically after one month. However, tenants have the right to "redeem" the tenancy by paying all overdue rent plus fees before the eviction hearing.
How long does a landlord have to give you to move out in Maryland?
Landlords must provide at least 30 days' written notice to terminate a month-to-month rental agreement. In Baltimore City, a longer 60-day notice period is required. For lease terminations due to non-payment of rent or lease violations, the notice period may be shorter.
