Maryland Security Deposit Laws
In Maryland, security deposits can total at most two months rent, which must be returned to the tenant within 45 days of their lease ending.
Written by Claire Beaney
Reviewed by Melanie Reiff
In
Maryland
, landlords can charge up to two months' rent as a security deposit. After your lease expires and you return the keys, your landlord then has 45 days to refund your money.Obtaining a security deposit is one of the most bothersome aspects of renting. Not only are they an upfront expense, but getting your money back when the time comes can be challenging. And, because each state has its own set of rules governing security deposits, understanding your rights as a tenant can be tricky.
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What is Maryland’s law on security deposits?
In Maryland, all security deposits are non-refundable deposits given by tenants to show their intent to move into a residence. When you pay a security deposit, you can normally expect to get it back at the end of your lease—unless you breach the terms of your agreement.
Section 8-203 of Maryland’s
Real Property Article
specifies the standards for security deposits, including maximum limitations and return time frames.What is the maximum security deposit a landlord can charge in Maryland?
Landlords in Maryland are allowed to collect a security deposit of up to two months' rent, regardless of the number of tenants. If your landlord demands a security deposit and says it is non-refundable, proceed cautiously or consult a lawyer.
If the landlord charges more, the tenant may be entitled to up to three times the cost of the extra charge, plus reasonable attorney's expenses. Tenants have the right to sue for this amount at any point during the lease term or within two years of the rental period ending.
Keep in mind that the landlord might charge this sum in addition to the first month's rent, so you may be forced to pay up to three times your monthly rent when moving in.
How long does a landlord have to return a security deposit in Maryland?
Your landlord has 45 days to repay your security deposit after you've completed your lease and turned in your keys. This allows the landlord time to inspect the unit and ensure that you've fulfilled your duties as a renter.
What can a landlord withhold a security deposit for in Maryland?
Although the security deposit can’t be outright nonrefundable, a landlord is legally permitted to withhold all or part of your security deposit to cover:
- Unpaid rent
- Damage due to breach of lease
- Beyond-normal wear and tear on the leased premises, common areas, main appliances, or landlord-owned furnishings
But what exactly constitutes as “beyond-normal” wear and tear? This can be a bit vague, but it pertains to damage that could have been avoided throughout a standard rental period. For example if you fail to notify your landlord, you may be charged for water damage from a leaking faucet or a ruined carpet from an accidental spill.
If your landlord decides to keep a portion of your security deposit, they must provide you with an itemized breakdown of any deductions—they cannot simply keep your money without providing you with a reason.
Key Takeaway Security deposits in Maryland must be refundable, but your landlord may keep a portion or the entirety of the money if you fail to pay rent or create unnecessary damage.
How to get your security deposit back in Maryland
Say, for example, you moved out of your old apartment last month, and have yet to receive your security deposit back. What can you do to ensure that your landlord pays you the money they owe you?
Begin by contacting your landlord and requesting a refund for your security deposit in writing. They may have forgot to send it, or a mistake with your new address led it to never arrive. Starting with a clear request might help you receive your money more quickly.
If your landlord refuses to return your security deposit and fail to say why—or if you believe they have wrongfully kept all or a portion of your deposit—you can sue them in
small claims court
. While this can be a long, drawn-out process, depending on the amount of the deposit, it may be worth pursuing.How to save money on car and renters insurance in Maryland
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FAQs
Can I use my security deposit as the last month’s rent in Maryland?
No—you still have to pay rent for your final month and collect your security deposit when your tenancy expires.
Can a landlord charge for carpet cleaning in Maryland?
Your landlord can’t charge you for basic carpet cleaning or deduct the cost from your security deposit. Carpet cleaning can only be charged if you damaged or dirty the carpet beyond regular wear and tear.
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