Maryland Landlord-Tenant Law

Owning a rental property in Maryland can be a lucrative investment decision. Besides helping diversify your portfolio of leased property, you also set yourself up for earning a passive income for many years to come as long as you follow the Maryland landlord tenant laws in regard to your residential rental.

Laws in Maryland have their fair share of challenges, though, particularly Maryland landlord tenant law. This is especially true if you’re just starting out. Landlords and tenants should both have a basic understanding of landlord tenant laws. A basic understanding of these Maryland landlord tenant laws will help all landlords get the most out of their investments, as nonadherence to laws will cost you.

What’s more, knowing the Maryland landlord tenant law will also help your tenants get a better renting experience. As you probably know, happy tenants mean happy landlords! Knowing these laws will help you avoid issues like dealing with escrow law, chasing them for rent if something goes wrong, or opening a rent escrow account.

In today’s article, we’ll take you through a basic overview of the landlord tenant laws for any of your rental properties, and what rights and responsibilities landlords and tenants have regarding their lease or rental agreement.

Required Landlord Disclosures in Maryland

Maryland landlords must make 3 important disclosures before tenants sign the lease, renting their rental property out under the Maryland landlord tenant law.

One, if their rental was built before 1950, landlords must let their tenant know this about the leased premises. Maryland state law requires landlords to tell their tenant of any lead-based hazards on the rental property. Lead based paint hazards are typically disclosed by giving the tenant a copy of the Lead Poisoning Prevention Program.

Two, landlords must inform their tenant of their right to an in-person inspection before signing the lease agreement. There is one caveat, though: the tenant must request the inspection at least 5 days prior to their move-in date.

Three, landlords must disclose that they have a right to receive an itemized list of deductions after a move-out inspection. Landlords have to protect their rental premises and the landlord tenant relationship.

Maryland Tenant Rights & Responsibilities

Maryland tenants have certain basic rights. A tenant's rights under federal and state landlord tenant law include:

• Remain in the residence until the landlord has followed the proper eviction procedure to evict them
• Live in a safe and habitable rental property, or else break the lease
• Get notified whenever the landlord plans to make a change to the lease agreement
• Get receipts for rent or a security deposit
• End the lease term early if the landlord breaks the agreements in the written lease
• Enjoy the peace and quiet of their rental
• Refuse to make rent payments if their life, health or safety is threatened

As for responsibilities under the Maryland landlord tenant laws, Maryland tenants have a duty to:

• Notify the landlord in writing when looking to vacate the premises
• Pay rent on time and in full
• Adhere to all terms of the lease agreement, including turning in every rent payment on time
• Maintain reasonable noise levels
• Inform the landlord whenever there is a maintenance issue
• If wanting to break lease agreements due to domestic violence, they have to let the landlord know
• Let the landlord know when they will be away for an extended period of time
• Take good care of the rented dwelling

Maryland Landlord Rights & Responsibilities

Much in the same way tenants have rights, landlords do also have some rights according to the local landlord tenant laws. Maryland landlords have a right to:

• Collect rent they're owed every payment period, while allowing a small grace period after the due date.
• Be served a written notice by a tenant well before the tenant moves out.
• Be notified by a tenant seeking to make changes to the rental unit. For instance, repainting the unit.
• Get a notification from a tenant looking to go out of town for an extended period of time
• Be allowed to enter the rented premises to carry out important responsibilities such as making repairs

Similarly, Maryland landlords have a responsibility to:

• Abide by all the terms of the lease or rental agreement
• Provide a safe and habitable property that adheres to all local codes
• Maintain the peace and quiet of the neighborhood your leased premises is a part of if they're residential properties
• Provide the tenant adequate notice when looking to enter their homes. While Maryland law doesn’t define the exact written notice period, most landlords provide their tenants with 24 hours’ notice.
• Make requested repairs within a reasonable timeframe once they have received the request as per the lease terms
• Follow the proper eviction proceedings when evicting an errant tenant

An Overview of the Maryland Landlord Tenant Laws

1. Fair Housing Law

As a Maryland landlord, you have a responsibility to treat all your tenants fairly and equally under the Fair Housing Act. According to the Fair Housing Act, housing discrimination is defined as refusing the rental application of a tenant based on any of the protected classes, including disability, national origin, familial status, color, religion, sex, and race.

A can landlord decide who to rent to, as they own the rental under local or state laws, but has to do so without discrimination.

2. Rent Increases & Related Fees

Local jurisdictions in Maryland are free to enact rent control policies, even if the landlord charges rent weekly. Currently, Takoma Park is the only locality that has created rent control laws. Otherwise, as a landlord in Maryland, you’re free to charge any rent amount you wish. Failure to pay rent can result in the eviction of a tenant as it breaks the rental agreements.

Additionally, landlords are free to make adjustments to the rent amount at any time for any reason. The state law doesn’t require a landlord to notify their tenants in advance. You can also charge late fees for late rent, or you can not charge late fees and instead put in a clause about late rent payments in the lease.

3. A Tenant's Security Deposit

Maryland has a pretty detailed security deposit law in place. It defines important things such as the maximum amount a landlord can charge for security deposits, when the security deposit should be returned, and allowable deductions to security deposits. If a landlord fails to follow the law when it comes to security deposits, they can face penalties or even go to small claims court.

You have to give proper notice of things under Maryland landlord tenant laws, like if you have an escrow account established or provide tenants with details of where the deposit it kept. If not received through certified mail, they have legal grounds to fight your deductions, so be sure to follow the law.

For a basic overview of the state’s security deposit law, please click here. You should know how to handle security deposits properly before interacting with tenants. A security deposit can also be used to cover unpaid rent at local district court.

4. Maryland Eviction Laws

When evicting a tenant, you must follow the proper eviction procedure when going to district court. Otherwise, you may risk getting the eviction delayed or even worse, get sued. These differ in the case of squatters, however.

Common reasons landlords evict tenants from rental properties in Maryland or start the eviction process include:

• Unpaid rent
• Excessive property damage
• Failure to move out when the lease ends
• Disturbing the peace of the neighborhood
• Illegal use of the property

5. Renters Rights to Withhold Rent

For renters to withhold rent or refuse to continue paying their landlord rent, the conditions must constitute a threat to their health, life, or safety, meaning far beyond normal wear and tear. If the landlord fails to provide a safe living space, state laws say that the tenant can withhold rent or break their lease. You must ensure that, even without paid rent, your rental unit has:

• Functioning locks
• Properly maintained railings, stairways, and floors
• Adequate garbage receptacles
• Up-to-code heating, lighting, and electrical facilities
• Up-to-code plumbing and water supply
• Effectively weatherproofed windows, walls, and roof

6. Landlord Entry

As a landlord, you may need to enter the rented premises for various reasons including:

• Responding to a court order
• Showing the rental to prospective tenants, buyers, or mortgagees
• Making repairs that had been requested by a tenant
• Responding to an emergency

While some other states do have entry laws, Maryland doesn’t. That notwithstanding, most landlords do give their tenants 24 hours’ notice prior to entering their homes. When tenant decides to welcome a landlord, they must give reasonable notice.

7. Landlord Retaliation

As a Maryland landlord, state laws dictate that you cannot retaliate against your tenant. For instance, you cannot end the lease without cause, arbitrarily decrease services, arbitrarily increase rent, or even threaten to evict your tenant, as per the lease agreement. Avoid even the most reasonable attorney's fees by following through with a lawful eviction.

Conclusion

Do you still have questions about the eviction process or the state laws in Maryland on rent collection? If so, McKenna & Vane Property Management can help. We specialize in helping landlords in Maryland achieve peace of mind through quality management services. Our services are available in Howard, Carrol, Frederick & Montgomery Counties.