- Maryland requires specific disclosures and guarantees basic tenant protections. Landlords must inform tenants of issues like lead paint and utility responsibilities, while tenants are guaranteed habitable living conditions, timely repairs, proper eviction procedures, and prompt return of security deposits.
- Both tenants and landlords have clearly defined rights and responsibilities. Qualifying tenants must maintain the rental and follow lease terms, while landlords may enforce leases, collect security deposits, raise rent, and enter the property for legitimate reasons.
- Strict compliance is required for evictions, security deposits, and lease terminations. Evictions must follow legal processes with no self-help actions. Security deposits must be handled and returned according to state timelines. Tenants may end leases early only for legally justified reasons.
The Maryland landlord-tenant law is codified under Title 8 of the statewide Real Property Code. The code grants both landlords and residents certain automatic rights and responsibilities.
These rights and responsibilities apply in various aspects of a landlord-tenant relationship. Whether it’s during lease termination, eviction, security deposit limits, rent increases, or anything in between.
As a Maryland landlord, you should be knowledgeable about the MD landlord-tenant laws to be successful. It’ll not only ensure you stay legally compliant with all applicable regulations, but will also help solidify the landlord tenant relationship you have with the resident.
Here’s a comprehensive guide by UTZ Property Management regarding the basics of the Maryland landlord-tenant law.
Required Landlord Disclosures in Maryland
Maryland landlords are required to disclose the following to residents before they move into the property.
- Concentrations of lead paint used in the building, if it was built before 1978.
- The name and address of the person authorized to act on the landlord’s behalf.
- The tenant’s right to attend the initial inspection if the landlord is collecting a security deposit as part of the move-in costs.
- The resident’s water and sewage utility obligation if the payment is made to the landlord.
- A statement regarding the unit’s safety and habitation standards.
Maryland Tenants’ Rights & Responsibilities
Residents in Maryland enjoy the following rights per the state’s rental laws. A right to:
- Live in a unit that has cold and hot running water, heating, working smoke and carbon monoxide detectors, among other habitable conditions.
- Have repairs impacting the unit’s habitability done within 30 days after notifying the landlord.
- Go through the proper eviction process when getting removed for lease violations.
- Get a refund of the unused portion of the security deposit within 45 days after moving out.
- Terminate a lease early with certain legitimate reasons, such as when starting active military duty or due to the unit’s uninhabitability.
- An advance notice before a rent hike.
- Fair treatment regardless of certain protected classes per the state’s anti-discrimination law.
- Get a receipt for rent payments made in cash upon request.
Such rights also come with certain responsibilities. Residents in Maryland are obligated by state law to do the following.
- Keep the unit safe and habitable.
- Keep fixtures clean and sanitary.
- Not disturb other residents or neighbors.
- Report issues promptly.
- Not cause careless property damage to the unit.
- Keep all the terms of the lease agreement.
- Make repairs to the unit per the requirements of the rental agreement.
Landlord Rights & Responsibilities
Landlords in Maryland enjoy the following rights once they establish a rental agreement with a resident. A right to:
- Terminate the lease of a resident who fails to keep up with their obligations, like paying due rent.
- Require residents to pay rent up to 1 month’s rent as a security deposit before moving into the unit.
- Charge a resident who breaks their lease unjustifiably all rent due under the lease.
- Draft and enforce all lease terms.
- Not renew a fixed-term lease for whatever reason.
- Enter rented premises for purposes reasonably related to the rental agreement.
- Not provide a grace period before charging late rent fees.
- Raise rent by any amount and as often as you choose.
As for the list of responsibilities, it includes the following for Maryland landlords.
- Provide mandatory disclosures to the resident.
- Not charge a late fee exceeding 5% of the rent due.
- Treat the resident per the fair housing laws in Maryland.
- Follow any local rent control laws before raising rent.
- Enter a rental unit only for purposes reasonably related to the rental agreement.
- Make a reasonable effort to re-rent the unit after the original resident breaks their lease early for legally unjustified reasons.
- Refund the unused portion of the tenant's security deposit to the resident within 45 days after they move out.
- Use the lawful eviction procedure to remove the resident from their rented premises.
An Overview of the Landlord-Tenant Rights: Maryland
Tenant Evictions
Residents who fail to abide by all terms of the rental agreement can be evicted. For example, not paying rent after it becomes due, making illegal property alterations, or not moving out after the lease period is over.
But to evict the resident, you must follow the proper removal process that Maryland tenant law outlines. You must not try to lock out the resident, remove their personal belongings, or use other self-help means. Similarly, the eviction must not be borne out of discrimination or retaliation.
Security Deposits
Collecting security deposits provides a financial cushion against certain potential negligent actions from residents. As a landlord, you could use part or all of the deposit to cut your losses after the resident moves out without:
- Paying utilities.
- Clearing the rent due.
- Fixing actual damage exceeding normal wear and tear.
- Or any other allowable reason per the MD security deposit law.
You must follow certain rules, though. Including, not charging an amount exceeding 1 month’s rent, holding it properly, and returning it within the required timeframe (45 days).
Early Lease Termination
Residents in Maryland can break their lease early for certain legally justified reasons. Such as, when starting active military service, uninhabitable living standards, or with a domestic violence victim status.
The resident must also provide the required advance notice before moving out, among other requirements.
But without such legitimate reasons, they will still be liable for all rent due under the lease.
Conclusion
Before renting out your MD rental property, first familiarize yourself with your legal responsibilities. And when it comes to the state’s landlord-tenant laws, these are the basics that you’ll want to keep in mind.
UTZ Property Management is an exceptional property management company in Baltimore and the Greater Baltimore area. We work diligently to ensure rental property owners become successful. Contact us to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
