Maryland Tenant Rights Renters Should Know Before Signing

February 11, 2025

Signing a lease is a significant financial and legal commitment. Understanding Maryland tenant rights before signing can help prevent unexpected fees, illegal lease clauses, and disputes with landlords. Maryland rental laws regulate security deposits, mandate lease disclosures, and outline landlord responsibilities for maintenance. Being well-informed can empower tenants to negotiate better lease terms and avoid potential legal pitfalls.

Many renters assume their lease agreement includes everything they need to know. However, some terms may conflict with state laws, leaving tenants vulnerable. Knowing your rights in advance can help you negotiate fair terms, avoid unnecessary expenses, and ensure the rental meets Maryland’s habitability standards.

Security Deposits and Fees

Maryland law caps security deposits at two months’ rent to protect tenants from excessive upfront costs. Any demand for a higher deposit violates state law.

Security Deposit Regulations

Deposit Storage – Security deposits must be placed in an interest-bearing account at a Maryland financial institution.
Refund Timeline – If no major damage is found, landlords must return security deposits within 45 days of move-out.
Damage Deductions – Landlords can deduct costs only for unpaid rent or damage exceeding normal wear and tear.

Common Security Deposit Issues Renters Face

Unjustified Deductions – Landlords must provide a written, itemized list of deductions.
Delayed Refunds – Tenants can take legal action if their deposit is not returned within the legal timeframe.

To avoid disputes, document the rental’s condition with photos before moving in and after moving out.

Required Lease Disclosures and Legal Lease Terms

Maryland law requires landlords to disclose information before a lease is signed. These disclosures help renters make informed decisions and understand their responsibilities.

Mandatory Lease Disclosures

Lead-Based Paint Notice – Landlords must disclose lead paint hazards for properties built before 1978.
Utility Responsibilities – The lease must specify who is responsible for utilities such as water and electricity.
Local Tenant Rights – Some Maryland counties require landlords to provide tenants with a summary of their rights.

Illegal Lease Terms

Some lease terms are unenforceable under Maryland law, including:

Waiving Tenant Rights – Landlords cannot include clauses preventing tenants from taking legal action for negligence.
Shifting Repair Costs – Tenants cannot be required to cover all maintenance costs unless they caused the damage.
Excessive Late Fees – Maryland law caps late fees at 5% of the monthly rent.

If a lease includes an illegal clause, request its removal before signing.

Landlord Obligations: Repairs, Maintenance, and Safety

Maryland law requires landlords to provide habitable conditions and maintain rental properties in compliance with safety standards.

Minimum Habitability Standards

Plumbing and Sanitation – Rentals must have working plumbing, running water, and functional bathrooms.
Heating and Electricity – Landlords must ensure the property has a working heating system and safe electrical wiring.
Structural Integrity – The property must be free from leaks, mold, and hazards that could endanger tenants.

Steps to Request Repairs

Submit a written repair request detailing the issue.
Allow a reasonable timeframe for the landlord to respond.
Use rent escrow if necessary – If repairs are ignored, tenants can place rent into an escrow account overseen by the local court.

What to Do If Repairs Are Ignored

File a complaint with local housing authorities.
Request a rent reduction for unaddressed habitability issues.
Seek legal termination of the lease if the unit is unlivable.

Eviction Protections: Understanding Legal and Illegal Evictions

Landlords must follow Maryland’s legal eviction process. Tenants are protected from wrongful evictions and retaliatory actions.

Valid Reasons for Eviction

Nonpayment of Rent – Landlords must provide written notice and allow tenants ten days to pay before filing for eviction.
Lease Violations – Tenants must be given a chance to correct any lease violations before eviction proceedings begin.
End of Lease Term – Landlords may pursue eviction if tenants refuse to leave after the lease expires.

Illegal Eviction Tactics

Lockouts – Landlords cannot change locks or remove tenant belongings without a court order.
Utility Shutoffs – Turning off water or electricity to force a tenant out is illegal.
Retaliation – Landlords cannot evict tenants for reporting maintenance issues or filing complaints.

If you receive an eviction notice, respond immediately and seek legal advice.

Breaking a Lease: When Can Tenants Leave Without Penalty?

Certain situations allow Maryland renters to break a lease without financial consequences.

Valid Reasons for Lease Termination

Military Deployment – Covered under the Servicemembers Civil Relief Act (SCRA).
Uninhabitable Conditions – Tenants can terminate a lease if the property is unsafe and the landlord refuses to fix the issue.
Domestic Violence Protection – Maryland law allows domestic violence survivors to break a lease with proper documentation.

Steps to Legally Break a Lease

Provide written notice explaining the reason for early termination.
Include supporting documents, such as military orders or safety reports.
Keep copies of all communications with the landlord.

Tenants who break a lease without legal grounds may owe rent until a new tenant is found.

Final Thoughts

Understanding Maryland tenant rights before signing a lease can help renters avoid unfair lease terms, unexpected fees, and wrongful evictions. Security deposit protections, required lease disclosures, and landlord maintenance responsibilities are key to making informed housing decisions.

Before signing a lease, renters should:

Review all terms carefully to identify illegal clauses.
Confirm lease disclosures comply with Maryland law.
Document the rental’s condition to prevent disputes.

If any lease terms seem unfair, contacting a tenant advocacy group, a real estate attorney, or a licensed real estate agent can help protect your rights and ensure you secure a fair lease agreement. Additionally, a real estate agent can assist in reviewing lease agreements and negotiating more favorable terms on behalf of tenants.