Maryland Tenant Rights 2025: What Landlords Cannot Do

Maryland law draws a hard line: a landlord can’t lock you out, cut off your utilities, or bully you into leaving-no matter how late your rent is. If you’re renting in Maryland, knowing those boundaries is the difference between panic and a plan. Here’s the straight, practical version of your rights, with the exact moves to make when a landlord crosses the line.

TL;DR: What Maryland landlords cannot do

Here’s the quick hit list. If you only read one section, make it this one.

• Self-help evictions: Landlords can’t change locks, remove doors, shut off utilities, or dump your stuff to make you leave. Evictions must go through District Court with a judgment and sheriff/constable execution. (Md. Real Prop. § 8-401; illegal lockouts are actionable)
• Utility shutoffs: They can’t cut heat, water, or electric to force payment or move-out. That’s considered an illegal eviction tactic.
• Retaliation: They can’t hike rent, reduce services, or evict because you reported code violations, joined a tenant association, or used legal remedies like rent escrow. (Md. Real Prop. § 8-208.1)
• Discrimination: They can’t refuse to rent or treat you differently because of race, color, religion, sex, familial status, national origin, disability, sexual orientation, gender identity, marital status, or source of income (including housing vouchers). Federal Fair Housing Act + Maryland HOME Act.
• Illegal lease terms: No waiving your court rights, no confession-of-judgment clauses, no charging attorney’s fees as rent, no penalties that violate statute. (Md. Real Prop. § 8-208)
• Security deposits: Max is 2 months’ rent. No “nonrefundable” deposit labels. Must give a receipt and pay interest at the state-set rate. Must return within 45 days of move-out with an itemized list of damages (not wear and tear). Bad-faith withholding can cost them up to 3x damages plus attorney’s fees. (Md. Real Prop. § 8-203)
• Late fees and timing: They can’t charge a late fee until rent is at least 5 days late. Late fee caps apply (commonly 5% of monthly rent; specific caps for weekly tenancies). Check Md. Real Prop. § 8-208(d)(3).
• Entry to harass: There’s no fixed statewide notice period, but they can’t abuse access, show up constantly, or enter to intimidate. Repeated, unannounced entries can violate your right to quiet enjoyment and may be harassment.
• Ignoring serious repair issues: They can’t refuse to address conditions that threaten life, health, or safety. You can file rent escrow in District Court. (Md. Real Prop. § 8-211)
• Voucher bias: Advertising “No Section 8” or refusing lawful income is illegal statewide. (Maryland HOME Act)
• Domestic violence: They can’t penalize, evict, or deny tenancy because you’re a survivor. You may end a lease early with proper documentation. (Md. Real Prop. § 8-5A)
• Notice before suing for nonpayment: Maryland now requires a written notice of intent to file before a Failure to Pay Rent case. Timing and content are set by Md. Real Prop. § 8-401 and local rules.

One more thing: counties and cities can add their own tenant protections (for example, rent stabilization or extra notice requirements). Always check your local code too.

Primary sources: Maryland Real Property Article §§ 8-203, 8-208, 8-208.1, 8-211, 8-401; Fair Housing Act; Maryland HOME Act (statewide source-of-income protection).

Step-by-step: What to do if your landlord crosses the line

If you’re dealing with one of the illegal moves above, here’s a tight playbook that works in Maryland courts and offices.

1. Document fast and clean.
   • Photos/video with timestamps (phone + cloud backup).
   • Keep texts/emails/voicemails. Screenshot everything.
   • Write a quick timeline: date, time, who said what, names of any witnesses.
2. Put it in writing.
   • Send a short, calm email or letter describing the problem and what you want done by a deadline (e.g., “restore hot water within 24 hours”).
   • Ask them to answer by email. That creates a paper trail.
3. For serious repair issues, use Rent Escrow (Md. Real Prop. § 8-211).
   • Qualifying issues: no heat, lack of hot/cold water, sewage backups, infestation, serious leaks/mold, structural hazards, fire damage, broken locks/windows that impact safety-things that threaten life/health/safety.
   • How: File a rent escrow case in District Court. Pay rent to the court, not the landlord, until repairs are done. The judge can order fixes, reduce rent, or dismiss if repairs are completed.
   • Tip: Report the issue to local code enforcement before filing; an inspector’s report is gold in front of a judge.
4. Facing an illegal lockout or utility shutoff?
   • Call local police non-emergency and show proof you live there (ID, lease, mail). Many departments will help you re-enter when there’s no court order.
   • Go to District Court and file a petition for immediate return of possession due to illegal eviction. Courts can prioritize these cases.
   • Ask for emergency relief (injunction) and damages for lost/damaged property if needed.
5. Stop retaliation early.
   • If rent goes up or services are cut within 6 months after you complained to the landlord or a government agency, raised code issues, or joined a tenant group, flag retaliation (Md. Real Prop. § 8-208.1).
   • Save your complaint receipts (emails to code, case numbers). Bring them to court if eviction is filed.
6. Fair housing issue?
   • For discrimination (including “no vouchers” or different terms), you can file with the Maryland Commission on Civil Rights or HUD. File quickly-deadlines apply.
   • Keep the ad/screenshots, texts, and any written policies that show bias.
7. Security deposit dispute?
   • Landlord must offer a move-out inspection with at least 15 days’ notice of your move date, give a receipt, and return your deposit (with interest) within 45 days, with an itemized statement.
   • They can’t deduct for normal wear and tear. Stains, holes, or damage beyond ordinary use can be deducted, but they need proof.
   • If they act in bad faith, sue in District Court for up to triple damages plus attorney’s fees (Md. Real Prop. § 8-203).
8. Get counsel if eviction is filed.
   • Maryland’s Access to Counsel in Evictions program provides free lawyers to eligible tenants in many cases. Show up to your first hearing and ask; apply as early as you can.
   • Bring proof of payments, bank records, communications, and photos. Judges move fast-organized tenants do better.

Pro tip: Never withhold rent without using rent escrow unless an attorney tells you to. Paying the court protects you from “nonpayment” judgments while still pressuring the landlord to fix hazards.

Real-world examples and how they play out

Concrete stories make the rules stick. Here are five common Maryland scenarios and realistic outcomes based on actual court practice and statutes.

• “My landlord changed the locks after I missed rent.” That’s an illegal lockout. There’s no grace for self-help in Maryland. You can call police to regain access and file an emergency petition in District Court for immediate return of possession. Judges typically schedule these quickly. If your property was damaged or lost, you can ask for damages. If the landlord then files a Failure to Pay Rent, you can also raise the illegal lockout as a defense and credibility issue.

• “They refused my voucher and relisted the unit.” Source-of-income discrimination is illegal statewide. Keep the listing and any texts/emails (“We don’t take Section 8”). File a housing discrimination complaint with the Maryland Commission on Civil Rights. Remedies can include damages, civil penalties, and an order to rent without bias. Many cases resolve at mediation if your documentation is clean.

• “We had no heat for ten days in January.” That’s a serious hazard. File rent escrow under Md. Real Prop. § 8-211. Courts often abate (reduce) rent for the period without heat and order repairs. If the landlord fixed it promptly after you filed, the judge might close the case but still reduce rent for the outage days.

• “They kept my entire deposit for ‘paint and cleaning.’” “Wear and tear” is the legal fence here. Routine repainting and standard cleaning are the landlord’s costs, not yours. If they didn’t do a move-out inspection or didn’t return the deposit and interest within 45 days with a proper itemized statement, you can sue for up to triple the withheld amount and attorney’s fees. Many tenants win these in small claims.

• “The landlord shows up unannounced, weekly, ‘to check things.’” There’s no statewide hour-count for notice, but repeated unannounced entries without a real reason can be harassment and breach of quiet enjoyment. Send a written boundary: request 24 hours’ notice and a stated reason, except emergencies. If it continues, file in District Court for an injunction and talk to local housing/code about harassment. Judges respond well to a short log of dates and times.

Checklists and cheat sheets

Keep these handy. They save time when things go sideways.

Illegal landlord moves checklist (Maryland)

• Changed locks or removed doors without a court order
• Shut off or “forgot to pay” shared utilities to pressure payment
• Filed an eviction without serving the required pre-filing notice for nonpayment
• Charged late fees before day 6 or above the legal cap
• Refused vouchers or posted “No Section 8” in an ad
• Used lease clauses that waive your court rights or require you to pay their attorney’s fees as “rent”
• Kept your security deposit past 45 days, or took it for wear and tear
• Raised rent or cut services right after you complained to code
• Entered repeatedly without a valid reason or at odd hours to annoy/intimidate
• Denied reasonable accommodations for disability (including assistance animals)
• Penalized you for calling 911 or because you’re a domestic violence survivor

Tenant response quick-start

1. Document (photos, messages, timeline)
2. Write (email/letter with a clear request and deadline)
3. Report (local code if it’s a condition issue)
4. Escrow (for life/health/safety defects)
5. Court (illegal lockout petition; small claims for deposit; defenses in eviction)
6. Counsel (apply for Access to Counsel if an eviction case is filed)

Security deposit deductions: allowed vs. not

• Allowed: damage beyond wear and tear (big holes, pet urine on carpet, broken fixtures caused by negligence)
• Not allowed: routine repainting, normal carpet wear, light scuffs, standard cleaning
• Landlord must provide an itemized list and receipts/estimates on request

Notices you should expect in Maryland

• Before a Failure to Pay Rent filing: written notice of intent to file (timing set by state law and sometimes local rules)
• Move-out inspection: landlord must offer an inspection, with at least 15 days’ notice
• Deposit return: within 45 days of the end of tenancy, with interest and itemized deductions

Decision guide: repair problems

• Life/health/safety hazard (no heat, sewage, serious leaks/mold)? File rent escrow and report to code.
• Minor repair (dripping faucet)? Write and give a reasonable deadline. Escrow usually isn’t for minor issues.
• Landlord says “fix it yourself and deduct”? Don’t, unless your lease and local law allow it and you have written agreement-unsafe in Maryland without legal advice.

Next steps and troubleshooting

• If court papers arrive, don’t skip your hearing-even if you paid. Bring proof and defenses (retaliation, improper notice, habitability, payment).
• If you need time, ask the judge about a payment plan or a short postponement. Judges often grant brief continuances with a good reason.
• If your landlord threatens or harasses you, save messages and consider a protective order if it becomes stalking or threats of harm.
• If you’re a landlord reading this, audit your lease for illegal clauses, cap your late fees correctly, and document real damages-not wear and tear-before touching a deposit.

FAQ: Maryland landlord limits people ask about

Can a landlord enter without notice in Maryland?
There’s no statewide “24-hour” rule in the statute, but landlords must act reasonably and not abuse access. Emergencies are different (burst pipe, fire). If entries are frequent or hostile, that can be harassment and a breach of quiet enjoyment. Put boundaries in writing and escalate if it continues.

How much notice before a landlord files for nonpayment?
Maryland requires a written notice of intent to file before a Failure to Pay Rent case. The content and timing are set by Md. Real Prop. § 8-401 and can be expanded by local law. If your landlord skipped this, ask the judge to dismiss.

What late fee is legal?
For monthly rent, late fees are generally capped at 5% and can’t be charged until rent is at least 5 days late. Weekly tenancies have specific small-dollar caps. Check Md. Real Prop. § 8-208(d)(3) and your lease for the exact numbers.

Can a landlord raise rent at any time?
No. They can’t raise rent mid-lease unless your lease says so for a valid reason allowed by law. Some local jurisdictions have rent stabilization or notice rules for increases at renewal-check your county or city. In any case, retaliatory increases are illegal.

Can a landlord refuse Section 8 or other vouchers?
No. Maryland’s HOME Act bans source-of-income discrimination statewide. Ads like “No Section 8” are illegal. Save screenshots and file a fair housing complaint if this happens.

What counts as “wear and tear” vs. “damage”?
Wear and tear is normal aging: minor scuffs, faded paint, carpet wear in walkways. Damage is beyond that: broken blinds, holes in walls, pet urine, burns. The landlord must prove damage with an itemized list and return your deposit within 45 days.

My landlord says I owe for their attorney’s fees as rent. Is that allowed?
Not as “rent.” Maryland law restricts fee-shifting terms and bars clauses that make you waive your rights or treat attorney’s fees as rent. Courts often strike these terms under Md. Real Prop. § 8-208.

Is it legal to bill me for water/electric if there’s no separate meter?
It depends on your lease and local rules. Maryland allows certain submetering or ratio billing in regulated ways, but landlords can’t make up numbers or charge without disclosure. Ask for the billing method and actual invoices. If it looks off, complain to local consumer affairs or utilities regulators.

What if I’m a domestic violence survivor?
Maryland law protects you from penalties and allows early lease termination with proper documentation. Landlords cannot refuse to rent, evict, or fine you because of incidents related to abuse. See Md. Real Prop. § 8-5A for specifics.

The landlord sold the property. Do my rights change?
Your lease survives the sale. The new owner steps into the old landlord’s shoes and must honor your lease terms, deposit obligations, and all Maryland protections.

Are application fees capped?
Maryland regulates application fees and screening charges. Landlords must give receipts and can’t keep more than their actual screening costs above a small threshold. If you’re rejected, you may be entitled to a refund of the excess. See Md. Real Prop. § 8-213.

If you take nothing else from this: self-help evictions and retaliation are bright-red illegal lines in Maryland, and deposits aren’t a slush fund. Keep your records tight, use rent escrow for serious issues, and don’t be shy about court-it’s built for this.

Search tip: When you’re looking up the law, use the exact titles-Maryland Real Property Article sections like § 8-203 (deposits), § 8-208 (lease clauses), § 8-208.1 (retaliation), § 8-211 (rent escrow), § 8-401 (eviction process). That will get you to the right page fast.

One last SEO help for your notes: what landlords cannot do in Maryland isn’t a gray area-court orders, fair housing rules, and state statutes frame almost every scenario you’ll run into.