Maryland tenant screening laws and landlord requirements

Maryland does not flatly cap application fees at $25, but it does require that any fee charged beyond the security deposit that totals more than $25 generally be refunded to the applicant, minus whatever portion the landlord actually spent on a credit check or other application-related expense — with a refund due within 15 days of the move-in date or of either party's written decision that no tenancy will occur (Real Property §8-213). A landlord who fails to make a required refund can generally be liable for twice the fee amount. This rule does not apply to landlords with four or fewer units on one parcel, or to seasonal or condominium rentals.

This search did not find a statewide Maryland statute that specifically restricts how landlords may use criminal history in tenant screening (for example, a lookback-period limit or a general "fair chance" housing law), based on a review of the state fair-housing definitions and prohibited-practices sections (§§20-701, 20-705). Baltimore City has been reported in local news coverage to have considered or adopted its own tenant-protection measures touching on criminal history, but attempts to retrieve the current Baltimore City code text did not return usable content, so that should be independently confirmed before being treated as settled. The federal Fair Housing Act's disparate-impact theory could still be relevant to blanket criminal-history exclusions, as recognized by Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project (2015).

Maryland law statewide prohibits refusing to rent, offering different terms, or otherwise discriminating against an applicant because of source of income (State Gov't §20-705). "Source of income" is defined broadly to include wages from a lawful job, government or private rental-assistance programs — expressly including vouchers issued under the U.S. Housing Act of 1937 (commonly known as Section 8) — as well as gifts, inheritances, pensions, alimony, and child support (§20-701(j)).

Federal FCRA generally governs how a tenant-screening report must be requested, disclosed, and acted on, including the §615 adverse-action notice. This search identified Maryland's Commercial Law Article as containing general consumer-reporting-agency provisions (such as security-freeze rights), but did not confirm a Maryland-specific addition to the FCRA adverse-action notice requirement for tenant screening specifically — this should be confirmed with counsel before assuming FCRA is the complete picture.

A Maryland security deposit generally may not exceed the equivalent of one month's rent per dwelling unit, regardless of the number of tenants. A landlord may collect up to two months' rent only if the tenant qualifies for state utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both parties agree in writing (Real Property §8-203(b)). The deposit must generally be returned within 45 days after the tenancy ends, together with simple interest at whichever is greater of the daily one-year U.S. Treasury yield curve rate (published annually by the Maryland Department of Housing and Community Development) or 1.5% per year — interest only accrues if the deposit was held at least six months and totals at least $50 (§8-203(e)). A landlord who withholds any portion must generally provide an itemized list with supporting documentation, and improper withholding can generally expose the landlord to treble damages plus attorney's fees. No provision of this section may be waived in a lease. A tenant may instead be allowed to purchase a surety bond in lieu of some or all of a deposit, capped in combination at two months' rent (§8-203(i)).

This search did not find a general statewide rent-control law in Maryland (some individual counties and cities have their own — see below). For a periodic tenancy such as month-to-month, a landlord must generally give at least 60 days' written notice to end the tenancy; year-to-year tenancies generally require 90 days (180 days for most farm tenancies), and week-to-week tenancies generally require 7 days with a written lease or 21 days without one (Real Property §8-402(c)). Maryland also protects tenants against retaliatory eviction, rent increases, or non-renewal tied to good-faith complaints, lawsuits, tenants'-organization participation, or calling emergency services (§8-208.1). For eviction based on nonpayment of rent, a landlord must generally give the tenant written notice of intent to file and a 10-day period to cure before going to court, and the tenant generally retains a right to stop the eviction by paying everything owed before the eviction is actually carried out — unless the tenant has already had three possession judgments for nonpayment in the prior 12 months (§8-401).

Baltimore City, Montgomery County, and Prince George's County are among Maryland's largest jurisdictions, and state law itself signals that at least two of them are treated differently: §8-402(c)(4) expressly carves Baltimore City and Montgomery County out of a statewide foreclosure-related notice exception, which indicates these jurisdictions may have their own additional landlord-tenant requirements layered on top of the state baseline. Montgomery County has been widely reported to have adopted a countywide rent-stabilization measure in recent years, and Baltimore City and Prince George's County have each been reported to have their own rental-licensing and tenant-protection rules. Specific local caps, exemptions, and effective dates for these jurisdictions should be confirmed directly against each jurisdiction's current code.

Maryland's entire land area is organized into counties (Baltimore City is legally independent of any county), and Maryland does not use a separate "township" layer of local government the way some other states do. So for a property outside an incorporated municipality, the applicable local layer is generally the surrounding county's own code, not a township.

Does Maryland cap security deposits? Generally yes — one month's rent per dwelling unit, with a limited exception up to two months' rent for a tenant who qualifies for state utility assistance and agrees in writing to pay utilities directly to the landlord.

Is source of income a protected class in Maryland? Yes, statewide. Maryland's fair-housing law defines source of income broadly to include wages, government and private rental-assistance programs (including Section 8 vouchers), gifts, pensions, alimony, and child support.

Can a Maryland landlord charge any application fee they want? Not exactly — a fee beyond the security deposit that totals more than $25 must generally be refunded unless it was actually spent on a credit check or similar application cost, and the rule doesn't apply to landlords with four or fewer units on one parcel or to seasonal/condo rentals.

How much notice does a Maryland landlord need to end a month-to-month tenancy? Generally at least 60 days' written notice, subject to different timelines for year-to-year or week-to-week tenancies and to lease-violation or nonpayment procedures.

Checkr helps landlords and property managers run consistent, FCRA-compliant tenant screening so you can apply the same standards to every applicant. Get started with Checkr to build a screening process suited to Maryland's requirements.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.