Maryland Residential Lease Agreement
What Maryland law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Maryland lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Maryland rules your lease has to live with
Beyond the deposit, Maryland law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Late fees. Late fee capped at 5% of the unpaid rent due (weekly tenancies: max $3/week, $12/month); no statutory grace period in § 8-208 — Md. Code, Real Prop. § 8-208(d)(3) ↗
- Rent increases. At least 90 days' written notice for tenancies longer than 1 month; 60 days for tenancies of more than 1 week up to 1 month; 7 days (written lease) or 21 days (no written lease) for weekly tenancies — Md. Code, Real Prop. § 8-209 ↗
- Repair and deduct. No statutory repair-and-deduct; tenant remedy for dangerous defects is a rent escrow action (pay rent into court) or raising defects as a defense to eviction — Md. Code, Real Prop. § 8-211 ↗
- Habitability. Maryland law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — Md. Code, Real Prop. § 8-211 ↗
Each point links to the Maryland source it was taken from. Rules change; confirm before relying on them.
What Maryland law requires · as of 2026
- Max security deposit
- 1 month's rent
- Deposit return deadline
- 45 days after move-out
- Notice to end month-to-month
- 30 days
Source: Md. Real Prop. §8-203 (Renters' Rights Act, eff. 10/1/2024) · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 45 days after move-out? Ask for it in writing with a Maryland security deposit demand letter; if that doesn’t work, the usual next step is Maryland small claims court.
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Required disclosures in Maryland
What Maryland law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Habitability statement in lease
Lease must state the premises will be made available in a condition permitting habitation, with reasonable safety
Source: Md. Code, Real Prop. § 8-208(c)
Utilities and repair obligations
Lease must state the landlord's and tenant's specific obligations as to heat, gas, electricity, water, and repair
Source: Md. Code, Real Prop. § 8-208(c)
Maryland Tenants' Bill of Rights
Lease must include a copy of the most current Maryland Tenants' Bill of Rights published by the Office of Tenant and Landlord Affairs
Source: Md. Code, Real Prop. § 8-208(c)
Security deposit receipt
Written receipt notifying tenant of inspection rights, 45-day return/itemization and treble-damage penalty; $25 liability if no receipt given
Source: Md. Code, Real Prop. § 8-203.1
Frequently asked questions
How much security deposit can a landlord charge in Maryland?
In Maryland, the security deposit is limited to 1 month's rent, and it must be returned within 45 days after move-out (as of 2026). Source: Md. Real Prop. §8-203 (Renters' Rights Act, eff. 10/1/2024). Confirm the current rule before you sign.
Is this lease valid in Maryland?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Maryland once both sides sign. What it cannot do is contract around Maryland law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a landlord charge late fees in Maryland?
Late fee capped at 5% of the unpaid rent due (weekly tenancies: max $3/week, $12/month); no statutory grace period in § 8-208 Source: Md. Code, Real Prop. § 8-208(d)(3).
Can a tenant repair and deduct rent in Maryland?
No statutory repair-and-deduct; tenant remedy for dangerous defects is a rent escrow action (pay rent into court) or raising defects as a defense to eviction Source: Md. Code, Real Prop. § 8-211.
What does a landlord have to disclose in Maryland?
Under Maryland law: Habitability statement in lease (Md. Code, Real Prop. § 8-208(c)); Utilities and repair obligations (Md. Code, Real Prop. § 8-208(c)); Maryland Tenants' Bill of Rights (Md. Code, Real Prop. § 8-208(c)); Security deposit receipt (Md. Code, Real Prop. § 8-203.1). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Maryland compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Maryland compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Maryland: Md. Real Prop. §8-203 (Renters' Rights Act, eff. 10/1/2024) ↗.
- Maryland is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 45 days — above the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
Deposit return deadline in neighboring states — Delaware (20 days), District of Columbia (45 days), Pennsylvania (30 days), Virginia (45 days), West Virginia (60 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Delaware (60 days), District of Columbia (30 days), Pennsylvania (15 days), Virginia (30 days), West Virginia (30 days).
The rest of what Maryland requires
The figures below are Maryland's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Maryland page for that document.
- Notice for unpaid rent · as of 2026
- 10 days to pay or quit Md. Code, Real Prop. §§ 8-401, 8-402, 8-402.1 ↗
- Notice to cure a lease violation · as of 2026
- 30 days Md. Code, Real Prop. §§ 8-401, 8-402, 8-402.1 ↗
- Small claims limit · as of 2026
- $5,000 Md. Code, Cts. & Jud. Proc. § 4-405; Md. Rule 3-701 (procedure) ↗
- Where you file · as of 2026
- Small claim action in the District Court of Maryland · filing fee $44 for a new small claims contract/tort suit plus a service fee, per the official District Court Cost Schedule DCA-109 (Rev. 03/2026); counterclaims are $18. Md. Code, Cts. & Jud. Proc. § 4-405; Md. Rule 3-701 (procedure) ↗
- Rental application fee · as of July 2026
- No statutory limit Maryland General Assembly ↗
- Bill of sale notarization · as of 2026
- Required to transfer a vehicle title Maryland MVA (Form VR-181) ↗
- Power of attorney signing · as of 2026
- Notarization required · 2 witnesses Md. Code Est. & Trusts §17-110 (form §17-202) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Md. Code, Corps. & Ass'ns § 4A-101(q) (definition); § 4A-402 (operating agreement) ↗
- Recording a deed · as of 2026
- Clerk of the Circuit Court (county land records) · no witnesses Md. Code, Real Prop. §§ 4-101, 3-104 ↗
Lease agreement in other states
More Maryland legal forms
Different state? See lease agreements by state →