Landlords and Tenants

Rev. November 2023

Contents

Application Fees....................................................................2

Leases....................................................................................3

Rent Receipts........................................................................5

Security Deposits..................................................................6

Right to Take Possession at Beginning of Lease....................11

Lease Renewals....................................................................12

Breaking a Lease.................................................................13

Rent Escrow: When the Landlord Fails to Make Repairs....14

Landlord Retaliation Against Tenants.................................18

Lead-Based Paint Hazards...................................................18

Eviction..............................................................................21

Assistance With Rental Problems/Resources.......................26

Relevant Laws.....................................................................29

Frequently Asked Questions...............................................30

Maryland Oce of the Attorney General

Consumer Protection Division

Landlords

Tenants

Tips on Avoiding Disputes

AND

Rev. November 2023

Application Fees

Q. Karen paid a $25 application fee to apply for an apartment.

e next day, she found another apartment she liked better. She

asked the rst landlord if he would refund her application fee, but

he said the fee was nonrefundable. Did the landlord have the right

to keep the fee?

A: Yes. A landlord may keep an application fee of $25 or less.

If a landlord rents ve or more units at one location, the lease applica-

tion must explain what your obligations and rights are if an applica-

tion fee is collected.

An application fee is any fee other than a security deposit paid to a

landlord before a lease is signed. You should never sign a lease until

your application has been accepted.

Landlords use application fees to cover the costs of processing an

application, such as running a credit check. A landlord is entitled to

keep an application fee of $25 or less. If the fee is more than $25, the

landlord must refund any amount that was not used to process your

application. e excess amount must be returned to you within 15

days after you’ve moved in or after you or the landlord has given writ-

ten notication that the rental won’t take place.

If the landlord withholds more than $25 of an application fee, you

should ask the landlord to provide a written explanation of exactly

what expenses were incurred, and what the cost of each item was. If

you are not satised with the explanation, you may want to pursue

the matter further.

If, when lling out an application, a landlord asks for money to

hold an apartment, it may not be clear that you are being asked for

a security deposit. It’s not wise to pay a security deposit until your

application has been accepted and you are signing a lease. Before you

Rev. November 2023

pay any money, you should conrm with the landlord whether it will

be refunded if you decide not to rent or if the landlord decides not to

rent to you. Ask the landlord to write that information on a receipt.

is could save you from having to ght to get the money refunded

later.

Leases

Q. Steve made an oral agreement with a landlord that he would

rent an apartment on a month-to-month basis for $600 a month,

that he would pay the utilities, and move in on the 15th of the fol-

lowing month. Is this a legal contract?

A. Yes. Oral leases are legal for lease terms of less than one year.

However, a written lease is strongly recommended to help land-

lords and tenants avoid disputes.

A landlord is

required to use

a written lease

if the tenancy is

going to be for

a year or longer,

or if the landlord

owns ve or more

rental units in the

state. Otherwise,

the landlord and

tenant may orally

agree on what the rent and other terms of the rental will be. If you

enter into an oral contract, it’s very important that you know your

and your landlord’s legal rights and responsibilities. You should also

have a clear understanding with your landlord about all terms in the

agreement. However, it would be to your advantage to clarify things

by having a written lease.

Rev. November 2023

Many landlords use a standard lease for all their tenants. However,

you may want to negotiate your own terms with the landlord. Ad-

ditional terms can be written on the agreement, and terms that are

unacceptable to you can be crossed out. Of course, the landlord has

to agree to these terms as well. Be sure that all changes are dated and

initialed by both you and the landlord.

State law requires that a landlord who oers ve or more dwelling units

for rent in Maryland must include in each lease a statement that the

premises will be available in a reasonably safe, habitable condition; or,

if that is not the agreement, a statement concerning the condition of

the premises. e lease must also specify the landlord’s and the tenant’s

obligations as to heat, gas, electricity, water, and repair of the premises.

A lease may not contain any provision that denies rights

granted to tenants under Maryland law. e lease may

not:

• Authorize a confessed judgment, whereby you

waive all rights to defend yourself;

• Impose a late rent penalty higher than 5 percent

of the amount owed;

• Impose a late rent penalty higher than $3 a week

where rent is paid weekly (not to exceed $12 a

month);

• Give the landlord the right to evict or take any of

your personal possessions without a court judg-

ment; or

• Provide for less than 30 days’ notice to terminate

your lease.

Rev. November 2023

Advance Copy of the Lease

If you request it in writing, a landlord must give you a copy of a lease

before you decide whether to rent. It must include all agreed upon

terms, but it does not have to state your name and address, the date

you are moving

in, or identica-

tion and rental

rate of your unit.

It’s a very good

idea to get a copy

of the lease to

read in advance.

Before you sign a

lease, you should

be aware of all the

terms it includes, including when rent is due, late fees, procedures for

giving notice at the end of the lease, automatic renewal provisions,

and return of the security deposit. You should also read and make

sure you can live with the rules regarding pets, parking, storage areas,

noise, carpeting requirements, trash, maximum number of occupants,

and move-out procedures.

Rent Receipts

A landlord is required to give a tenant a receipt for a rent payment

upon request or one that is paid in cash. (In Anne Arundel County,

a landlord is required to give a receipt unless the payment is made by

check or unless the tenant rents the property for commercial or busi-

ness purposes.)

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Security Deposits

A security deposit is any money a tenant pays to a landlord that

protects the landlord against damage to the rented property, failure to

pay rent, or expenses incurred due to a breach of the lease.

e security

deposit may not

be more than

two months’

rent. If you are

overcharged, you

have the right to

recover up to three

times the extra

amount charged,

plus reasonable

attorney’s fees.

e landlord must give you a receipt for the security deposit. e

receipt can be included in the written lease. ere is a $25 penalty if

the landlord fails to give you a receipt.

e receipt or lease should state your right to receive from the land-

lord a written list of all existing damages in the rental property, if you

make a written request for it within 15 days of taking occupancy. If a

list of the existing damages is not provided, the landlord may be liable

for three times the security deposit, less any damages or unpaid rent.

e landlord must put the security deposit in an escrow account.

When returning security deposits of $50 or more, the landlord must

include simple interest of 3 percent per year, accrued at monthly

intervals from the date the security deposit was paid for all tenancies

that were initiated prior to January 1, 2015. For tenancies that began

on or after January 1, 2015, the interest rate is payable at 1.5 percent

a year OR the simple interest rate accrued at the daily U.S. Treasury

Rev. November 2023

yield curve rate for one year, as of the rst business day of each year,

whichever is greater. e Maryland Department of Housing and

Community Development has a Rental Security Deposit Calculator

on its website at http://www.dhcd.maryland.gov to help you calcu-

late this interest rate. A landlord must pay 4 percent on deposits held

before October 1, 2004.

Return of the Security Deposit

Q. Daniel broke his lease when he bought a house. e landlord

was able to rent to a new tenant three days after Daniel moved

out. However, he said he was keeping Daniel’s security deposit

because he had broken the lease. Was the landlord entitled to keep

the money?

A. Not the entire amount. A landlord may only withhold from the

security deposit an amount equal to actual damages suered. e

landlord didn’t incur any expenses in re-renting, and there was no

damage to the apartment, so his only loss was the three days of

lost rent.

Q. Tiany lived in an apartment for ve years. When she moved

out, the landlord kept her security deposit to repaint the apart-

ment and replace the living room carpet. Was the landlord en-

titled to keep the money?

A. Unless Tiany damaged the carpet or the walls beyond ordi-

nary wear, the landlord could not keep any money from the secu-

rity deposit. A landlord may not keep a tenant’s security deposit

to pay for touch-ups and replacements needed due to normal wear

and tear.

Security deposit disputes often involve misunderstandings about

when the landlord is entitled to keep the security deposit, and dis-

agreements about whether the tenant caused damage to the rental

unit.

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e landlord must return a tenant’s

security deposit plus interest, less

any damages rightfully withheld,

within 45 days after the tenancy

ends. If the landlord fails to do

this without a good reason, you

may sue for up to three times the

withheld amount, plus reasonable

attorney’s fees.

If the landlord withholds any part

of your security deposit, they must

send you a written list of damages,

with a statement of what it cost to

repair the damages, by rst-class

mail to your last known address

within 45 days after you move out.

If the landlord fails to do this, they lose the right to withhold any part

of the security deposit.

You have the right to be present when the landlord inspects your rent-

al unit for damages at the end of your lease, if you notify the landlord

by certied mail at least 15 days prior to moving of your intention to

move, the date of moving, and your new address. e landlord must

then notify you by certied mail of the time and date of the inspec-

tion. e inspection must be within ve days before or ve days after

your move-out date. e landlord must disclose these rights to you in

writing when you pay the security deposit. If not, the landlord forfeits

the right to withhold any part of the security deposit for damages.

Your rights and duties are dierent if you have been evicted for breach

of the lease, or have left the rented property before the lease expired.

Under these circumstances, you should send a written notice to the

landlord by rst-class mail within 45 days of being evicted or leav-

ing the property. is notice must advise the landlord of your new

address and request the return of your deposit. Once the landlord

Rev. November 2023

receives the written request, they must take certain steps.

• e landlord must send a list of damages to the rental unit and

costs incurred to repair them to you by rst-class mail within

45 days. If the landlord fails to send you a list of damages, they

forfeit the right to withhold the security deposit.

• e security deposit, plus interest, less any damages rightfully

withheld, must be returned within 45 days of your notice.

Rental Property Surety Bonds

Q. Richard paid a $200 premium for a surety bond when he

moved into his apartment. After he moved out, the landlord

performed an inspection of his unit and sent a letter stating that

Richard owed $150 for damage done to the bathroom and re-

quested payment for the damages. Is Richard still responsible for

paying these damages even though he paid for a surety bond?

A. Yes. When renting an apartment, a landlord may accept a surety

bond as an alternative to the ten-

ant providing a security deposit.

While both protect the landlord

against damage to the rented

property, failure to pay rent, or

expenses incurred due to a breach

of lease, there are underlying dif-

ferences.

A surety bond is a bond that a

tenant can purchase to protect a

landlord from damages to the rental

premises in excess of ordinary wear

and tear, lost rent, or damages due

to breach of lease. Richard may

choose to pay the landlord directly

Rev. November 2023

for the damage or have the damages paid from the surety bond.

However, if the damages are paid from the surety bond, Richard will

eventually be asked to reimburse the surety for the amount it paid the

landlord.

You cannot be required to purchase a surety bond; instead, you can give

your landlord a security deposit. e amount of the surety bond can-

not, on its own or combined with any security deposit, exceed two

months’ rent.

Tenants who purchase surety bonds have many of the same protec-

tions they have when they pay a security deposit. For example, ten-

ants who purchase surety bonds have the right to:

• Inspect the rental premises with their landlord before and after

they occupy the property;

• Receive a list of damages the landlord claims the tenant is

responsible for; and

• Receive a receipt explaining their rights when they are asked to

purchase a surety bond.

ere are major dierences between a security deposit and surety

bond. Surety bonds do not relieve the tenant from having to pay for

such damages at the end of the tenancy. Unlike a security deposit, the

premium paid for a surety bond is not refundable at the end of the ten-

ancy and the amount the tenant paid for the surety bond premium is not

credited toward the payment of any damages.

“Damage” or Normal Wear and Tear?

is is often the point on which landlords and tenants disagree.

Unfortunately, there are no hard and fast rules that t every situation.

Common sense suggests that carpeting will need to be replaced peri-

odically, and walls will need repainting, due to normal wear and tear.

A landlord must expect to bear these costs as part of doing business.

If, however, a tenant scorched a large area of the carpeting or dragged

an appliance over it and ripped it, that could reasonably be considered

Rev. November 2023

damage. Leaving small holes from picture hooks in the wall would be

wear and tear, while knocking a hole in the wall that would require

drywall or plaster repair could be considered damage.

Right to Take Possession at Beginning

of Lease

Q. Jason was supposed to move into his new apartment on March

1st, but the previous tenant did not move out on time and the

landlord said the apartment would not be ready until the 6th.

What could Jason do?

A: Jason has the

right to cancel his

lease and get back

any prepaid rent

or security deposit

he had paid to the

landlord. If he

chooses to wait for

the apartment, he

could nd tempo-

rary lodging, put

his furniture into storage, and have the landlord pay for those ex-

penses, as well as additional moving expenses. He would not owe

rent for the days he was not able to occupy the apartment.

If a landlord doesn’t allow you to take possession of your rental unit at

the beginning of your lease, you have the right to cancel the lease with

written notice to the landlord. Also, the landlord is liable to you for any

damages you suer as a result of not being able to move in at the begin-

ning of the lease, whether or not you decide to cancel the lease. Unfor-

tunately, while the landlord may be legally responsible for your expenses

in this situation, it may not be easy to obtain payment. You may have

to take the landlord to court, and then undertake collection eorts.

Rev. November 2023

Lease Renewals

Q. Allison knew she had to give her landlord 30 days’ notice

before moving out. Six weeks before the end of her lease, Allison

told a rental oce employee that she would move out at the end

of the lease. Later, the rental oce notied her that her lease had

automatically renewed, because she hadn’t given the notice in

writing, as required by the lease. Why should she have given writ-

ten notice?

A: To protect yourself, always give the landlord written notice of

your intention to move out, and keep a copy for yourself.

Many leases contain a provision that allows the lease to automatically

renew for another

term, or to renew

on a month-to-

month basis,

unless either the

landlord or the

tenant gives prior

notice that they

will not renew.

Note how many

days in advance

you will have to

notify the landlord

if you don’t wish to renew the lease. If you fail to give this notice in

time, your lease could be automatically renewed.

You should submit the notice in writing and be sure that the landlord

receives it on time. Send the notice by certied mail if you want to

have proof that it was received on time.

An automatic renewal provision in a lease must provide space for the

tenant to give written acknowledgment agreeing to the provision.

Rev. November 2023

If the landlord can’t show your signature, initials, or another mark

acknowledging that provision, the landlord can’t enforce an automatic

renewal of the lease.

Some leases don’t have automatic renewal provisions, so you must

sign a new lease if you wish to continue renting.

Rent Increases or Other Changes in Terms

Landlords must provide at least 90-days’ written notice of a rent

increase for tenancies longer than one month, 60-days’ written notice

of a rent increase for tenancy longer than a week, 21-days’ written

notice of a rent increase for week-to-week tenancies if there is no writ-

ten lease agreement, and 7-days’ written notice of a rent increase for

week-to-week tenancies if there is a written lease agreement. If you

wish to continue renting, be sure you know whether any of the terms

of the lease will change. If your lease does not automatically renew, be

sure to thoroughly read the new lease you will sign. It’s a new contract

between you and the landlord, and any of the terms may be dierent

from the terms in your prior lease.

Breaking a Lease

Q. Candace notied her landlord that she had to break her lease,

as she was getting married. e landlord said Candace would be

responsible for the rent for the remaining four months of the lease

if a new tenant could not be found. Was the landlord correct?

A. Yes. You are obligated to pay rent through the end of the lease.

However, the landlord may only collect for the period during

which the property remained vacant.

If you break your lease, the landlord can hold you responsible for the

rent due through the remainder of the lease. However, a landlord is

required to make a reasonable eort to re-rent the apartment to limit

losses. If the landlord is able to re-rent the unit, you are only respon-

Rev. November 2023

sible for the rent until the date the new tenant moves in.

A landlord with multiple vacant units is not required to put a new

tenant into the unit you have vacated. Also, a landlord can hold you

responsible for costs of re-renting, such as advertising.

Some leases have a clause that allows the tenant to cancel the lease

with a certain amount of notice, and perhaps oer you the option to

leave early and not be responsible for the remainder of the lease in

exchange for the payment of a fee. Other leases may contain a clause

that allows a tenant to cancel the lease if the tenant is transferred by

an employer to a location a certain number of miles away. Under

Maryland law, military personnel who have received orders for a

permanent change of station (or temporary duty for more than three

months) may end a lease with proper notice.

It’s wise to think ahead

before signing a long-term

lease. If you anticipate

buying a house, get-

ting married, or having

to move for some other

reason in the near future,

ask the landlord to give

you a six-month lease or

a month-to-month lease.

If you anticipate a job transfer, ask the landlord to add a job transfer

clause to the contract that would allow you to end the lease early,

with appropriate notice.

Rent Escrow: When the Landlord Fails

to Make Repairs

Q. During the winter months, there was very little heat in Lisa’s

Rev. November 2023

apartment. After calling the landlord several times about the

problem, she sent a written complaint that the landlord ignored.

Lisa then reported this condition to the city housing inspector,

who issued a notice of violation to the landlord. Can Lisa stop

paying rent until the landlord xes the problem?

A. No. If she stopped paying rent, the landlord could evict her.

But Lisa does

have the right to

have adequate

heat in her apart-

ment. By follow-

ing certain steps,

she can deposit

her rent money

into an escrow ac-

count established

at the District

Court instead of

paying rent to her landlord.

Under Maryland law, if a landlord fails to repair serious or dangerous

defects in a rental unit, you have the right to pay your rent into an

escrow account established at the local District Court. But the law is

very specic about the conditions under which rent may be placed in

escrow. You must give the landlord proper notice and adequate time

to make the repairs before you have the right to place rent in escrow.

e escrow account can only be set up by the Court.

e serious or dangerous conditions include, but are not limited to:

• Lack of heat, light, electricity, or water, unless you are respon-

sible for the utilities and the utilities were shut o because you

didn’t pay the bill (lack of air conditioning is not considered a

serious or dangerous situation that would permit rent escrow);

• Lack of adequate sewage disposal;

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• Rodent infestation in two or more units;

• Lead-based paint hazards that the landlord has failed to reduce;

• e existence of any structural defect that presents a serious

threat to your physical safety; and

• e existence of any condition that presents a serious re or

health hazard.

Rent escrow is not provided for defects that just make the apartment

or home less attractive or comfortable, such as small cracks in the

oors, walls, or ceiling.

In order to withhold rent for conditions that constitute a threat to

life, health, or safety, you must provide actual notice of the defects.

Besides rent escrow, what else can

a tenant do if a landlord does not

make repairs?

A tenant can report the landlord to local authorities. Under a

law that the Maryland General Assembly passed in 1986, every

county must adopt a housing code that meets minimum state-

wide standards. Some counties and Baltimore City have com-

prehensive housing and building codes

that are enforced by local authorities.

e local authorities will investigate

your complaint and, if the land-

lord is cited for violations, repairs

have to be made.

Rev. November 2023

You can notify the landlord by certied mail, or they may be notied

of the violations from an appropriate government agency, such as the

local housing department.

e landlord then has a reasonable amount of time after receiving

notice to correct the conditions. If the landlord fails to do this, you

may go to court to le a rent escrow action.

Before an escrow account can be established, the Court will hold

a hearing to listen to both sides of the story. If the facts call for a

rent escrow account to be set up, the judge can take several actions,

including returning all or part of the money to you as compensation,

returning all or part of the money to you or the landlord in order to

make repairs, or appointing a special administrator to ensure that the

repairs are made. Once the escrow account is established, you must

continue to regularly pay rent into this account.

Baltimore City has a rent escrow law that is very similar to state law.

erefore, Baltimore residents must exercise their rent escrow rights

under city law. If you reside in a county where a rent escrow law has

been adopted, you must follow procedures required under local law

for setting up an escrow account.

If you opt to withhold rent without establishing an escrow account,

you still must notify the landlord by certied mail of the problems

in the unit and of your refusal to pay the rent. However, the landlord

could take you to court and try to evict you. You may then defend

yourself by telling the Court your reasons for withholding rent. If

the Court agrees that the condition of your home or apartment poses

a serious threat to your life, health or safety, you will be required at

that time to put your rent payments into an escrow account until the

dispute is resolved.

Rev. November 2023

Landlord Retaliation Against Tenants

Q. Maria and two other tenants in her apartment complex cir-

culated a petition to form a tenants’ group to deal with the land-

lord’s failure to make repairs. e landlord’s nephew, who is also a

tenant in the complex, reported this activity to the landlord. e

landlord notied Maria that her rent would increase by $100 a

month. Does Maria have to pay the higher rent or face eviction?

A. No.

A landlord cannot evict you, increase your rent,

or fail to provide services because you organize or

join a tenants’ organization. The landlord also can’t

take any of these actions if you complain to them,

file a good-faith complaint against them with

the housing inspection department

or other agency, or file a

lawsuit.

Lead-based Paint Hazards

Q. Tyrone and Sarah rented an older rowhome. Because they had

young children, they asked the landlord if the home had lead-

based paint. e landlord said she had recently painted the walls

and woodwork and there was no chipping paint, so they didn’t

need to worry. Should Tyrone and Sarah be satised with that

answer?

A. No. Both federal and Maryland law require a landlord renting

an older home (built before 1978) to, at the very least, give the

Rev. November 2023

tenant a specic pamphlet about lead-based paint hazards. More

importantly, Maryland law requires landlords renting homes built

before 1978 to give the tenant a Risk Reduction Certicate prov-

ing that the property has had lead risk reduction measures taken.

Lead-based paint found in older homes is extremely dangerous to

young children and preg-

nant women. Lead poi-

soning can cause learning

disabilities, hearing loss,

attention decit disorder,

loss of IQ, speech develop-

ment delays, hyperactivity,

and aggressive behavior in

children. It can cause ab-

normal fetal development

and miscarriage in pregnant

women.

What Maryland Law Provides:

A landlord renting a property built before 1978 in Maryland must

meet three requirements before renting to you.

1. Register the property and pay a $30 fee annually to the Mary-

land Department of the Environment.

2. Give you the pamphlets “Lead Poisoning Prevention Program:

Notice of Tenant’s Rights” and “Protect Your Family from Lead

in Your Home.”

3. Perform Full Risk Reduction Measures (lead hazard treatments)

in the property and get a Risk Reduction Certicate, and give

you a copy of the certicate before you move in.

Rev. November 2023

If a landlord receives a written “Notice of Defect” that there is chip-

ping or peeling paint, or a notice of a child with elevated blood lead

level in the property, the landlord must respond by performing Modi-

ed Risk Reduction Measures within 30 days of receiving the notice.

All tenants must be relocated while Risk Reduction Treatments are

being performed. If you are required to leave your house for more

than 24 hours while treatments are performed, the property owner

must pay reasonable expenses for overnight housing and possibly

meals for your family.

It’s illegal in Maryland for a landlord to retaliate and evict a tenant

primarily because the tenant or a housing inspector sends a notice to

the landlord informing them that there are lead hazards in the prop-

erty or that there is a child with an elevated blood lead level living in

the property.

Requirements of Federal Law

Federal law (Title X - e Federal Residential Lead-Based Paint Haz-

ard Reduction Act of 1992) requires that a landlord renting a prop-

erty built before 1978 disclose to the tenant any known lead-based

paint hazards on the property before the lease is nal. e landlord

must also give the tenant a “Protect Your Family from Lead in Your

Rev. November 2023

Home” pamphlet, which explains the dangers of lead-based paint

hazards.

Fair Housing Reminder

It may be illegal for a landlord to require that a family disclose the

blood lead levels of their children prior to the approval of their rental

application, or to discriminate by refusing to rent to families with

children or families with lead-poisoned children. Some landlords have

been sued for these actions.

Eviction

Q. Kevin and two fellow college students rented a house. e lease

stated that only three non-related adults could occupy the house,

but Kevin invited two more students to move in to share costs.

More Information

For more information on the dangers associated with

lead-based paint and how to deal with it in your home,

contact the Green & Healthy Homes Initiative at 410-

534-6447 or the Maryland Department of the Environ-

ment at 410-776-2706. Helpful information for tenants

and landlords can also be found in a pamphlet produced

by the Environmental Protection Agency, U.S. Consum-

er Product Safety Commission, and U.S. Department of

Housing and Urban Development (http://www.epa.gov/

lead/protect-your-family-lead-your-home). If you suspect

your child has been exposed to lead-based paint, call

your child’s doctor immediately to request a blood test.

Rev. November 2023

After neighbors complained about loud parties, the landlord dis-

covered the extra tenants. He told the students he was evicting all

of them for breach of lease and they had to be out of the house by

the weekend. Could the landlord do that?

A. No. e land-

lord can evict

the students, but

must follow the

process set forth

by Maryland law.

Eviction is a legal

procedure. e

landlord can’t just

tell you that you

have to move or

throw out your

belongings. To evict you, a landlord must go to District Court to get a

judgment against you. If a landlord moves your belongings out of the

home, changes the locks, or cuts o utilities without a court order, you

should call the police and an attorney or a legal services organization.

A landlord cannot evict you simply because you have led a complaint

or a lawsuit against them or because you have joined a tenants’ associa-

tion. is is called a “retaliatory eviction,” and you may be able to stop

an eviction by showing the Court that your landlord is evicting you for

one of these reasons.

e statewide Access to Counsel in Evictions Program, which is

funded through Fiscal Year 2027, provides low-income Marylanders

with counsel in eviction cases. For legal assistance, renters can call 211

or visit www.legalhelpmd.org.

A landlord can evict you for:

• Nonpayment of rent. Your landlord can begin the eviction pro-

cess as soon as your rent due date has passed and you have not

Rev. November 2023

paid the rent. e landlord must provide you a written notice

of the landlord’s intent to le a failure to pay rent action against

you 10 days prior to ling it. In most instances, you can stop

the eviction any time before the sheri actually comes to evict

you by paying the rent that is owed.

• “Holding over.” If you don’t move out when your lease has

ended, your landlord may evict you for “holding over.” e

landlord must prove that they gave you proper written notice

(at least one month) of the ending of your lease.

• Breach of lease. A landlord may evict you for breaking some

part of your lease (for example, by having more people living

in the home than the lease permits). Before going to court, the

landlord must give you one month’s advance written notice

ending the

lease (only

14 days’

notice is

required

when the

tenant has

exhibited

behavior

that con-

stitutes a

threat to

others’

safety). e landlord will have to prove that you violated your

lease and that the violation was a serious one.

In addition, the state’s attorney, the county attorney, or a com-

munity association may bring an eviction action against tenants

involved in illegal drug activities.

If your landlord begins an eviction proceeding, you will receive

an official summons to attend a hearing. The summons may be

served on you in person, but it’s usually mailed and/or posted on

Rev. November 2023

the rental property. Don’t ignore it. Go to the hearing and be on

time. If you don’t show up, the landlord will probably win.

The hearing gives you the chance to tell your side of the story.

For example, you may be able to prove that you did pay the rent,

or that you tried to pay the rent but the landlord wouldn’t accept

it, or that the landlord didn’t give you a month’s written notice

that you had violated your lease and had to move out.

If the judge rules in favor of the landlord, within ve working days

the landlord can le a court order for the eviction—called a “warrant

of restitution”—and arrange for a sheri to oversee the eviction.

You may appeal an eviction judgment. e appeal must be made

within four days of the date of judgment in nonpayment of rent cases

and 10 days in breach of lease or holding over cases. You may have to

post a bond to cover the rent while waiting for the Circuit Court to

decide the appeal.

On the date of an eviction, the sheri will come to the rental unit

to order the tenant and everyone inside to leave. e landlord or the

landlord’s employees can then remove all property from the unit and

put it on the public right-of-way while the sheri supervises. Once

the property is moved from the unit, it’s the tenant’s responsibility.

Rev. November 2023

Help for Tenants Facing Eviction

If an eviction would leave you homeless, you may be eligible

for help from an eviction prevention program oered by a

nonprot housing assistance group or your local Depart-

ment of Social Services.

Rev. November 2023

Assistance with Rental Problems/Resources

Maryland Office of the Attorney General

e Consumer Protection Division has a Mediation Unit that can

help you try to resolve a dispute with a landlord.

Downtown Baltimore Oce

200 St. Paul Place, 16th Floor

Baltimore, MD 21202-2021

Consumer Hotline: 410-528-8662 or toll-free 888-743-0023

9 a.m. to 3 p.m., Mon.-Fri.

TDD for hearing impaired persons: 410-576-6372

www.marylandattorneygeneral.gov/Pages/CPD/

Consumers can download or print a consumer complaint form or le

a complaint online.

Branch Oces

Cumberland Telephone Assistance

301-722-2000 • 9 a.m. to 12 p.m., 3rd Tuesday of each month

Frederick Telephone Assistance

301-600-1071 • 9 a.m. to 1 p.m., 2nd and 4th ursday of each month

Prince George’s County Oce

9200 Basil Ct., Suite 301, Largo, MD 20774

301-386-6200 • 9:00 a.m. to 5:00 p.m., Mon.-Fri.

Western Maryland Oce

44 North Potomac St., Suite 104, Hagerstown, MD 21740

301-791-4780 • 8:30 a.m. to 4:30 p.m., Mon.-Fri.

Eastern Shore Oce

201 Baptist St., Salisbury, MD 21801

410-713-3620 • 8:30 a.m. to 4:30 p.m., Mon.-Fri.

Rev. November 2023

Southern Maryland Oce

15045 Burnt Store Rd., Hughesville, MD 20637

301-274-4620 or toll-free 866-366-8343 • Call for appointment.

County Consumer Offices

Although the Consumer Protection Division covers the entire state,

Montgomery and Howard Counties also have their own consumer

protection oces that could help you with rental problems. Contact

the oce to nd out if the county has its own landlord-tenant laws

that might oer you extra protection.

Howard County Oce of Consumer Protection

6751 Columbia Gateway Dr.

Columbia, MD 21046 • 410-313-6420

Montgomery County Oce of Consumer Protection

100 Maryland Ave.

Rockville, MD 20850 • 240-777-3636

Other Resources

You may also get help from these groups:

Public Justice Center (a nonprot legal advocacy organization that

focuses on systemic change for people living in poverty)

1 N. Charles St. Suite 200, Baltimore, MD 21201

410-625-9409 • http://www.publicjustice.org/

Local Code Enforcement Agencies (check your local directory)

Maryland Legal Aid

Maryland Legal Aid is a private, nonprot law rm that oers free

legal services to people with limited incomes. If you require legal help

Rev. November 2023

to resolve a landlord-tenant dispute, and are nancially eligible for its

services, you can go to one of the Legal Aid oces located throughout

the state.

Central Legal Aid 500 E. Lexington St., Baltimore, MD 21202 •

410-951-7777, 800-999-8904

Anne Arundel County Oce 229 Hanover St., Annapolis, MD

21401 • 410-972-2700, 800-666-8330

Baltimore County Oce 215 Washington Ave., Suite 305, Towson,

MD 21204 • 410-427-1800, 877-878-5920

Howard County Oce District Court, 2nd Floor, 3451 Court

House Dr., Ellicott City, MD 21043 • 410-480-1057

Lower Eastern Shore Oce 111 High St., Salisbury, MD 21801 •

410-546-5511, 800-444-4099

Midwestern Maryland Oce (Carroll, Frederick, and Washington

Counties) 22 South Market St., Suite 11, Frederick, MD 21701 •

301-694-7414, 800-679-8813

Montgomery County Oce 600 Jeerson Plaza, Suite 430,

Rockville, MD 20852 • 240-314-0373, 855-880-9487

Northeastern Maryland Oce (Harford and Cecil Counties)

103 S. Hickory Ave., Bel Air, MD 21014 • 410-836-8202,

800-444-9529

Prince George’s County Oce 8401 Corporate Drive, Suite 200

Landover, MD 20785 • 301-560-2101, 888-215-5316

Southern Maryland Oce P.O. Box 249, 15045 Burnt Store Rd.,

3rd Floor, Hughesville, MD 20637 • 301-932-6661, 877-310-1810

Rev. November 2023

Upper Eastern Shore Oce 106 N. Washington St., Suite 101,

Easton MD 21601 • 410-763-9676, 800-477-2543

Western Maryland Oce 110 Greene St.,

Cumberland, MD 21502 • 301-777-7474, 866-389-5243

Relevant Laws Concerning Landlord-

Tenant Issues in Maryland

You can access these laws at many county libraries or look up specic

sections of Maryland laws at http://mgaleg.maryland.gov/ (click on

the “Statutes” tab).

Maryland law

Annotated Code of Maryland

Real Property, Title 8: Landlord and Tenant

8-203 Security Deposits and Surety Bonds

8-203.1 Security deposit receipt

8-204 Right of tenant to possession at beginning of lease

8-205 Requirement of landlord to give tenant receipt

8-208 Automatic renewal provisions

8-208.1 Retaliatory evictions

8-208.2 Retaliatory actions for informing landlord of

lead poisoning hazards

8-211-211.1 Repair of dangerous defects; rent escrow

8-212.1 Liability of military personnel receiving certain orders

8-213 Applications for leases; deposits

8-401-403 Eviction

Real Property, Title 8A: Mobile Home Parks

Environment 6-801-852, Lead paint hazard reduction

Federal law

Title X - e Federal Residential Lead-Based Paint Hazard Reduction

Rev. November 2023

Act of 1992

Frequently Asked Questions

My landlord has not repaired my dishwasher. Can I hold back part

of my rent until he does?

Not paying your full rent may put you at risk of being evicted. See page

14 for situations that might qualify for rent escrow.

e landlord says I damaged the carpet, but the stains were there

when I moved in. What can I do?

If you noted the stains on a move-in inspection form or a list of dam-

ages (see page 6), you have proof that you didn’t cause the stains. If you

didn’t note the stains as preexisting, it will be hard to prove and the

landlord may have a right to hold back part of your security deposit.

Do I have a grace period for late rent payments?

Your lease or local laws may give you a certain period of time (for

example, ve days) before a late fee is assessed. However, generally a

landlord may legally begin eviction proceedings as soon as your rent is

late. See page 22.

Can a landlord evict me just by telling me to leave or else they will

put my things on the street?

No, a landlord must go to court to get a judgment against you rst. See

page 22.

I was supposed to move in on the rst of the month. e other ten-

ant hasn’t moved out. What are my rights?

You have the right to cancel the lease with written notice, and the land-

lord is liable to you for damages you suer as a result of not being able

to move in at the beginning of the lease. See page 11.

Rev. November 2023

My roommate or another tenant stops payment or moves out before

their lease is up. Who is responsible for paying their share of the

rent?

Even if your roommate/other tenant is listed on the lease, you may be

held liable for the full rent payment.

A landlord wouldn’t rent to me, and I think it’s a case of discrimina-

tion. Who can I le a complaint with?

e Maryland Commission on Civil Rights investigates complaints of

housing discrimination based on race, color, religion, national origin,

sex, age, familial status, or physical or mental handicap. Call 410-767-

8600 in Baltimore, 410-713-3611 around Salisbury, 301-790-4972

around Hagerstown, 301-880-2740 around Leonardtown, or 800-637-

6247 toll-free anywhere in Maryland.

Do I have to pay the last month’s rent? I thought that was what the

security deposit was for.

You are obligated to pay rent through the end of the lease, including

the last month. If you paid all your rent and didn’t cause any damages,

the landlord will return your security deposit. See page 7.

Is there any limit to how much my landlord can increase the rent

for a new lease term?

Maryland state law has no rent control provisions, although local juris-

dictions may have rent control laws. See page 12 for more about lease

renewals.

Can a landlord refuse to rent to me because I have a Section 8

certicate?

Maryland’s Housing Opportunities Made Equal Act, known as the

HOME Act, took eect October 1, 2020, and prohibits housing

discrimination based on the source of a person’s income. is means a

landlord cannot refuse to rent to you solely on the basis that you receive

some form of government assistance, such as a housing voucher.

Rev. November 2023

NOTES

Rev. November 2023