What late fees can a landlord charge in Maryland?
Maryland caps residential late fees at 5% of the unpaid rent due for the period the payment is delinquent — and for tenants who pay weekly, at $3 per week with a $12 monthly ceiling.
Cited to RP § 8-208 (a)(1), (d)(2)-(3), (g) · Verified July 9, 2026
The cap is written as a limit on lease provisions, so a fee must be in the lease to be charged at all, and a clause purporting to charge more is void. Note the precise base: 5% of the DELINQUENT amount, not flatly 5% of a month's rent — a tenant who has paid half the month's rent can only be charged 5% of the unpaid half. There is no statewide grace period; timing is left to the lease, though local codes can add protections. Fee-disclosure legislation (itemized up-front fee lists with treble damages) passed the House in 2026 but died in the Senate, so watch for a refile.
Maryland late fees at a glance
| Statutory cap | 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent; for weekly-rent leases, $3 per week up to $12 per month (RP § 8-208(d)(3)) |
|---|---|
| Mandatory grace period | None mandated statewide |
| Must be in the lease | Yes |
| Daily fees | A daily fee is allowed only inside the 5% cap. § 8-208(d)(3) voids any lease penalty exceeding 5% of the delinquent amount for the rental period, which forecloses accruing daily fees beyond that ceiling. |
| Reasonableness standard | The 5% cap is the operative limit. A lease provision violating it is unenforceable by the landlord (§ 8-208(g)(1)), and a landlord who tenders a lease containing one, or attempts to enforce it, is liable for the tenant's actual damages plus reasonable attorney's fees (§ 8-208(g)(2)). § 8-208(d)(2) separately voids lease provisions waiving tenant rights or remedies. |
Cite this page: "Landlord Atlas, Maryland Late Fee Laws (verified July 9, 2026), landlordatlas.com/laws/late-fees/maryland/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Maryland statute in the citations section below.
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Notes and caveats
- 5% of the delinquent amount — not '5% of rent due' — The cap quotes the current statutory base — 'unpaid rent due for the rental period for which the payment was delinquent' — because older sources render it as '5% of rent due,' overstating the base when a partial payment was made.
- No grace period at all — a genuine statutory silence — Maryland has no statutory grace period whatsoever, so timing is left to the lease. Contrast Massachusetts' 30 days.
- The cap binds every landlord, regardless of portfolio size — The 5-or-more-unit threshold in § 8-208(a)(1) scopes only the written-lease mandate. The (d) prohibitions open 'A landlord may not use a lease or form of lease containing any provision that:' with no landlord-size scoping, and the section contains no other applicability limit (subsection (f) lets local law supplement but not diminish) — so the (d)(3) late-fee cap binds every residential lease in Maryland.
- Even tendering an over-cap clause carries liability — Enforcement runs through § 8-208(g): a prohibited provision is unenforceable, and a landlord who tenders a lease containing one — or attempts to enforce it — owes the tenant's actual damages plus attorney's fees.
- Why a fee must be in the lease — The in-lease requirement stands on the contract-law baseline that an uncontracted fee has no basis to be charged.
- Fee-disclosure bill died in 2026 — watch for a refile — HB 80 (2026 fee disclosure, a new § 8-212.5 with treble damages) passed the House 94-35 and died in Senate Judicial Proceedings at Sine Die — a likely 2027 refile, but nothing is pending now.
Common questions: Maryland late fees
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Is there a legal limit on late fees in Maryland?
- 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent; for weekly-rent leases, $3 per week up to $12 per month (RP § 8-208(d)(3)). The 5% cap is the operative limit. A lease provision violating it is unenforceable by the landlord (§ 8-208(g)(1)), and a landlord who tenders a lease containing one, or attempts to enforce it, is liable for the tenant's actual damages plus reasonable attorney's fees (§ 8-208(g)(2)).
- Is there a grace period before rent is late in Maryland?
- None mandated statewide.
- Does a late fee have to be written into the lease in Maryland?
- Yes — in Maryland a late fee must be stated in the lease.
- Can a landlord charge a daily late fee in Maryland?
- A daily fee is allowed only inside the 5% cap. § 8-208(d)(3) voids any lease penalty exceeding 5% of the delinquent amount for the rental period, which forecloses accruing daily fees beyond that ceiling.
Statute citations
- RP § 8-208 (a)(1), (d)(2)-(3), (g) (verified 2026) Official source
How this record was verified: Direct read of statute text on the official Maryland General Assembly site (mgaleg.maryland.gov): Real Property §§ 8-203 (read in full twice — independent reads matched verbatim), 8-203.1, 8-208, 8-209 (read twice), 8-209.1, 8-221 (read twice), and 8-402. Session-law provenance verified on official mgaleg bill pages: HB 693 (2024) / Ch. 124 (deposit cap cut, eff. 2024-10-01), HB 151 (2023) / Ch. 146 (§ 8-209 rent-increase notice, eff. 2023-10-01), HB 1076 (2025) / Ch. 564 (§ 8-221 entry notice, eff. 2025-10-01), and HB 80 (2026) status. § 8-208 re-read three times on 2026-07-09 to resolve the (d)(3) scope question (see late_fees notes). Interest mechanics cross-checked against the Maryland DHCD official deposit-interest calculator page; local rent-stabilization programs confirmed on official Takoma Park, Montgomery County, and Prince George's County government pages.