What are tenant rights in Maryland?
Maryland tenant rights are governed by the Real Property Article, Title 8.
1. Security Deposit — Capped at 2 months' rent under Md. Code, Real Prop. § 8-203. Wrongful charge above cap exposes landlord to 3x damages. Deposit must be held in interest-bearing account and returned within 45 days with interest (currently 1.5% annually) and itemized list of damages.
2. Habitability (Rent Escrow) — § 8-211 allows tenants to deposit rent into court escrow when landlord fails to repair conditions threatening life, health, or safety after written notice and reasonable time. The court may order repairs, abatement, or termination.
3. Lead Paint — Maryland imposes strict lead-paint risk-reduction obligations on pre-1978 rental properties (Title 6, Subtitle 8 of the Environment Article).
4. Notice for Entry — No statutory requirement; reasonable notice expected.
5. Eviction Notice — Failure to pay rent: § 8-401 was amended in 2021 to require a 10-day notice before filing a Failure to Pay Rent action (previously no notice). Breach of lease: 30-day notice. Tenant Holding Over: 1 month's notice.
6. Termination of Month-to-Month — § 8-402 requires 60 days' notice (Baltimore City, Montgomery County have local variations).
7. Rent Control — Permitted at local level. Takoma Park has had rent control since 1981; Montgomery County enacted rent stabilization in 2023.
8. Discrimination — Maryland's fair housing law (State Gov't Art. § 20-705) prohibits discrimination on race, sex, sexual orientation, gender identity, marital status, source of income (Section 8 protected), and many other categories.
9. Retaliation — § 8-208.1 prohibits retaliation for 6 months after tenant complains to government, joins tenant union, or asserts rights. Damages include up to 3 months' rent plus attorney fees.
This is legal information, not legal advice.
- Facing eviction in court
- Landlord retaliating after complaint
- Habitability issue causing health risk
- Md. Real Prop. § 8-203
- Md. Real Prop. § 8-211
- Md. Real Prop. § 8-401
- Md. Real Prop. § 8-208.1
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.