How do I dispute a security deposit return in Maryland?
Maryland's deposit law is in the Real Property Article §§ 8-203 to 8-203.1.
1. 2-Month Cap
The deposit cannot exceed two months' rent. Charging more is a violation; the tenant can recover three times the excess plus attorney's fees (§ 8-203(b)).
2. Receipt and Notice
The landlord must provide a written receipt for the deposit, identifying the tenant's rights to inspection. The receipt must include the right to demand a list of existing damages within 15 days of occupancy.
3. Move-Out Inspection
The tenant has a right to be present at the move-out inspection if requested by certified mail within 15 days of intended move-out. The landlord must give 5 days' written notice of the inspection time (§ 8-203.1).
4. 45-Day Return Rule
Within 45 days of termination, the landlord must return the deposit plus accrued interest, less an itemized list of damages, by first-class mail to the tenant's last known address.
5. Interest
The deposit must accrue simple interest at 1.5%/year (recently updated to the U.S. Treasury 1-year constant maturity rate, whichever is higher, set annually).
6. Allowed vs. Prohibited Deductions
Permitted: unpaid rent, damages beyond ordinary wear and tear. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.
7. Treble Damages
A landlord who withholds in bad faith is liable for up to three times the wrongfully withheld portion, plus reasonable attorney's fees (§ 8-203(e)).
8. Small Claims & Limitations
File in MD District Court small claims (up to $5,000) or general civil docket (up to $30,000 for jury trial). The statute of limitations is 3 years for general contract claims (Cts. & Jud. Proc. § 5-101).
This is legal information, not legal advice.
- Landlord retaliating with bogus deductions after a tenant complaint
- High-value deposit (luxury Bethesda/Baltimore rental) where trebling exceeds small-claims jurisdiction
- Habitability defense claim alongside the deposit dispute
- Md. Real Prop. § 8-203
- Md. Real Prop. § 8-203.1
- Md. Cts. & Jud. Proc. § 5-101
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.