Last updated September 27, 2026
Written by LawLease Editorial
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Maryland Residential Lease Agreement
A Maryland residential lease (also called a Maryland rental agreement) sets the rent, term and house rules for a home rental. A Maryland residential lease agreement is governed by Title 8 of the Real Property Article of the Maryland Code, reshaped by the Renters’ Rights and Stabilization Act of 2024 and a 2025 landlord-entry law. Maryland caps deposits at one month’s rent and late fees at 5%, requires 60 days’ notice to end a tenancy and up to 90 days’ notice to raise rent, and makes every lease carry the Maryland Tenants’ Bill of Rights.
Maryland landlord–tenant law at a glance
| Security deposit limit | 1 month’s rent; deposit + first month is the most a tenant can be required to pay up frontReal Prop. §8-203(b) |
|---|---|
| Deposit return | 45 days, with simple interest on deposits of $50+ held 6+ monthsReal Prop. §8-203(e) |
| Late fees | Max 5% of the rent due (weekly rent: $3/week, $12/month)Real Prop. §8-208(d)(3) |
| Rent-increase notice | 90 days (lease term over 1 month) · 60 days (month-to-month), in writingReal Prop. §8-209 |
| Landlord entry | 24 hours’ written notice; entry 7:00am–7:00pm, Monday–SaturdayReal Prop. §8-221 |
| Month-to-month termination | Landlord 60 days’ written notice · tenant 30 daysReal Prop. §8-402(c) |
| Nonpayment notice | 10-day written notice of intent to file, on the Judiciary’s formReal Prop. §8-401(c) |
| Rent control | None statewide; local caps in Montgomery County, Prince George’s County and Takoma Park |
Security deposits in Maryland
Since October 1, 2024, a Maryland landlord may not collect a security deposit of more than one month’s rent per unit, regardless of how many tenants sign (§8-203(b)). The cap covers every advance payment made to protect the landlord — including a pet deposit and prepaid “last month’s rent” — and a tenant can’t be required to pay more than the deposit plus the first month’s rent to move in (§8-208(d)(11)).
- Only exception — Up to two months’ rent is allowed only where the tenant qualifies for utility assistance through the Department of Human Services, the lease requires utility payments to the landlord, and both sides agree in writing. Overcharging exposes the landlord to up to three times the excess plus attorney’s fees (§8-203(b)).
- Receipt — The deposit receipt must be part of the written lease and must spell out the tenant’s rights: a move-in inspection on request within 15 days, a move-out inspection, the 45-day return rule, and the up-to-3× penalty. Failing to give a receipt costs $25 (§8-203(c), §8-203.1).
- How it’s held — In an account used only for security deposits, at a federally insured institution with a Maryland branch, opened within 30 days of receipt (§8-203(d)).
- Interest — Simple interest at the greater of the 1-year U.S. Treasury yield-curve rate (as of the first business day of the year) or 1.5% a year, accruing monthly — but only on deposits of $50 or more held at least six months (§8-203(e)).
- Return — Within 45 days after the tenancy ends, the landlord must return the deposit with interest, or mail an itemized list of damages and costs by first-class mail. Missing the list forfeits the right to withhold for damage; withholding without a reasonable basis exposes the landlord to up to three times the amount withheld (§8-203(e), (g)).
- Move-out inspection — If the tenant gives 15 days’ notice by certified mail with the move date and new address, the landlord must inspect within five days before or after move-out, with the tenant present (§8-203(f)).
Rent, late fees & rent increases
- Late fees — A lease may not charge a late penalty above 5% of the rent due for the period. For weekly rent the cap is $3 a week and $12 a month. A clause charging more is unenforceable and exposes the landlord to the tenant’s damages and attorney’s fees (§8-208(d)(3), (g)).
- Rent-increase notice — A landlord must give written notice before raising rent: at least 90 days for a tenancy with a term longer than one month, 60 days for month-to-month, and 7 days (written lease) or 21 days (no written lease) for week-to-week. Notice goes by first-class mail with a certificate of mailing, or electronically only if the tenant has opted in (§8-209).
- Application fees — A landlord offering five or more units on one property or at one location who charges more than $25 must refund whatever isn’t actually spent on credit checks and other application expenses within 15 days after move-in or a decision that no tenancy will occur, or owe twice the fee (§8-213).
- Filing fees — A lease can’t make the tenant pay the court’s eviction filing surcharge, except by deduction from the deposit after the landlord wins possession (§8-208(d)(13)).
- Local rent stabilization — There is no statewide rent cap. Montgomery County and Prince George’s County cap most annual increases at CPI + 3%, up to 6%, with exemptions for newer buildings, and Takoma Park runs its own program — check the local rules before renewing.
Landlord entry & access
Since October 1, 2025, a Maryland landlord must give at least 24 hours’ written notice stating the date, approximate time and specific purpose of the entry, and may enter only between 7:00am and 7:00pm, Monday through Saturday, unless the tenant agrees in writing to another time (§8-221). Notice can be mailed with a certificate of mailing, posted on the door, or sent by email, text or tenant portal if the tenant has opted in.
Permitted purposes are repairs and improvements, inspections, showings to buyers, lenders, tenants or contractors, government-ordered work, and protecting the property and occupants. No notice is needed in a genuine emergency. A tenant who reports a housing-code violation must give the landlord access within 24 hours (§8-221(f)).
Ending a Maryland tenancy
Maryland’s notice rule applies at the end of a fixed-term lease too, not only to periodic tenancies: a landlord who wants possession when the term expires must give the written notice below. A lease can lengthen these periods but never shorten them (§8-208(d)(5)).
| Fixed-term lease over 1 week, or month-to-month | 60 days |
|---|---|
| Year-to-year | 90 days |
| Week-to-week (written lease) | 7 days |
| Week-to-week (no written lease) | 21 days |
- Tenant’s notice — A tenant who plans to leave gives at least 30 days’ notice (90 days for year-to-year). Outside Baltimore City, a tenant’s oral notice proven by competent testimony excuses the landlord’s written notice; that oral-notice rule doesn’t apply in Baltimore City, so put notices in writing there (§8-402(c)(3)).
- Nonpayment — Before filing a failure-to-pay-rent case, the landlord must give a 10-day written notice of intent to file on the Maryland Judiciary’s form, by first-class mail with a certificate of mailing, posting on the door, or opted-in electronic delivery (§8-401(c)).
- Right of redemption — In most cases a tenant can stop a nonpayment eviction by paying all past-due amounts set by the court plus court-awarded costs and fees before the eviction is carried out — unless three nonpayment judgments of possession were entered against the tenant in the 12 months before the case was filed (§8-401(h)).
- Domestic violence — A tenant who is a victim of abuse may end the lease with written notice and a protective or peace order or a qualified third party’s report, and owes rent only until moving out, up to 30 days (§§8-5A-02, 8-5A-03).
- Automatic renewal — An auto-renewal clause longer than one month must be set apart in the lease and separately initialed or signed by the tenant, or it can’t be enforced (§8-208(e)).
What a Maryland lease must include
- Tenants’ Bill of Rights — Every residential lease must attach the current Maryland Tenants’ Bill of Rights published by the Office of Tenant and Landlord Affairs (§8-208(c)(4)).
- Core lease terms — A statement that the unit will be habitable and reasonably safe (or of whatever other condition was agreed), each party’s specific obligations for heat, gas, electricity, water and repairs, and the security-deposit receipt (§8-208(c)).
- Written lease required — A landlord offering five or more units in Maryland must use a written lease; without one, the tenancy is presumed to run one year (§8-208(a)).
- Mold pamphlet — The landlord must give each tenant the state’s mold information pamphlet at lease signing and ask the tenant to sign an acknowledgment (§8-220).
- Lead paint — Federal lead warning and disclosure for pre-1978 housing (42 U.S.C. §4852d). Maryland also requires pre-1978 rental units to be registered with the Maryland Department of the Environment and to meet its lead-risk-reduction standard at each change in occupancy.
Habitability & repairs
A Maryland landlord must repair conditions that are a fire hazard or a serious and substantial threat to life, health or safety — including lack of heat, light, electricity, or hot or cold water, inadequate sewage disposal, rodent infestation in two or more units, and dangerous structural defects (§8-211). After written or actual notice the landlord has a reasonable time to fix the problem; more than 30 days is presumed unreasonable. If repairs aren’t made, the tenant can pay rent into court through a rent-escrow action.
Separately, a landlord who receives written notice of mold must have it assessed within 15 days and remediated within 45 days where feasible (§8-220).
Tenant protections you can’t waive
- Prohibited lease terms — A lease can’t include a confession of judgment, a waiver of legal rights or a jury trial, a notice period shorter than the law allows, or a clause penalizing a tenant for calling police or emergency services. Any such clause is unenforceable (§8-208(d), (g)).
- No retaliation — A landlord can’t sue for possession, raise rent, cut services or end a periodic tenancy because a tenant made a good-faith complaint, joined a tenants’ organization or went to court; damages run up to three months’ rent plus attorney’s fees (§8-208.1).
- Deposit rules are firm — No provision of the security-deposit statute can be waived in any lease (§8-203(l)).
- Right of first refusal — In 1-, 2- and 3-unit properties, a named tenant who has lived there six months gets the first chance to buy before a sale to a third party, and a lease can’t waive it (§8-119).
Maryland lease agreement FAQs
How much can a landlord charge for a security deposit in Maryland?
No more than one month’s rent per unit for leases signed on or after October 1, 2024 — down from two months. Pet deposits and prepaid last month’s rent count toward the cap, and a tenant can’t be required to pay more than the deposit plus first month’s rent to move in (§8-203(b), §8-208(d)(11)).
How long does a landlord have to return a security deposit in Maryland?
45 days after the tenancy ends, with interest if the deposit was $50 or more and held at least six months. To keep any part, the landlord must mail an itemized list of damages and costs by first-class mail within the same 45 days; withholding without a reasonable basis can cost up to three times the amount withheld (§8-203(e), (g)).
What is the maximum late fee in Maryland?
Five percent of the rent due for that period. For weekly rent, the limit is $3 a week and $12 a month. A lease clause charging more can’t be enforced (§8-208(d)(3)).
How much notice does a Maryland landlord need to give before entering?
At least 24 hours’ written notice stating the date, approximate time and purpose, with entry only between 7:00am and 7:00pm Monday through Saturday unless the tenant agrees in writing otherwise. Emergencies are the exception (§8-221, effective October 1, 2025).
How much notice is required to raise the rent in Maryland?
At least 90 days’ written notice for a tenancy with a term longer than one month and 60 days for month-to-month, sent by first-class mail with a certificate of mailing (or electronically if the tenant opted in). Local laws in Montgomery and Prince George’s counties also cap how much the rent can rise (§8-209).
How much notice does a landlord have to give to end a lease in Maryland?
Sixty days’ written notice to end a month-to-month tenancy or to recover possession at the end of a fixed-term lease, and 90 days for year-to-year. For unpaid rent, the landlord must first give a 10-day notice of intent to file on the Judiciary’s form (§8-402(c), §8-401(c)).
Does a Maryland lease need to be notarized?
No — a residential lease is binding once signed. But a landlord with five or more units must use a written lease, and every lease must attach the current Maryland Tenants’ Bill of Rights (§8-208(a), (c)).
Maryland landlord documents
- Maryland Eviction Notice
- Maryland Security Deposit Return Letter
- Maryland Rent Increase Notice
- Maryland Notice to Vacate
- Maryland Application Approval Letter
- Maryland Application Denial Letter
- Maryland Background & Credit Check Authorization
- Maryland Rental Application
- Maryland Co-Signer Guarantor Agreement
- Maryland Bed Bug Addendum
- Maryland Mold & Mildew Addendum
- Maryland No-Smoking Addendum
- Maryland Parking & Storage Addendum
- Maryland HOA & Community Rules Addendum
- Maryland Crime-Free Housing Addendum
- Maryland Utilities & Services Addendum
- Maryland Early Termination Addendum
- Maryland Lease Extension Addendum
- Maryland Lead-Based Paint Disclosure
- Maryland Military Clause (SCRA)
- Maryland Pet Addendum
- Maryland Cash for Keys Agreement
- Maryland Mutual Lease Termination Agreement
- Maryland Lease Renewal Agreement
- Maryland Notice of Non-Renewal
- Maryland Late Rent Notice
- Maryland Lease Violation Notice
- Maryland Notice of Entry
- Maryland Move-In / Move-Out Inspection Checklist
- Maryland Rent Receipt
- Maryland Rent Verification Letter
- Maryland Tenant Welcome Letter
- Maryland Property Management Agreement
- Maryland Commercial Lease
- Maryland Rent-to-Own Agreement
- Maryland Short-Term Rental Agreement
- Maryland Room Rental Agreement
- Maryland Roommate Agreement
- Maryland Sublease Agreement
- Maryland Lease Amendment
Lease agreements for other states
- Alabama lease agreement
- Alaska lease agreement
- Arizona lease agreement
- Arkansas lease agreement
- California lease agreement
- Colorado lease agreement
- Connecticut lease agreement
- Delaware lease agreement
- Florida lease agreement
- Georgia lease agreement
- Hawaii lease agreement
- Idaho lease agreement
- Illinois lease agreement
- Indiana lease agreement
- Iowa lease agreement
- Kansas lease agreement
- Kentucky lease agreement
- Louisiana lease agreement
- Maine lease agreement
- Massachusetts lease agreement
- Michigan lease agreement
- Minnesota lease agreement
- Mississippi lease agreement
- Missouri lease agreement
- Montana lease agreement
- Nebraska lease agreement
- Nevada lease agreement
- New Hampshire lease agreement
- New Jersey lease agreement
- New Mexico lease agreement
- New York lease agreement
- North Carolina lease agreement
- North Dakota lease agreement
- Ohio lease agreement
- Oklahoma lease agreement
- Oregon lease agreement
- Pennsylvania lease agreement
- Rhode Island lease agreement
- South Carolina lease agreement
- South Dakota lease agreement
- Tennessee lease agreement
- Texas lease agreement
- Utah lease agreement
- Vermont lease agreement
- Virginia lease agreement
- Washington lease agreement
- West Virginia lease agreement
- Wisconsin lease agreement
- Wyoming lease agreement
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