What are the security deposit rules in Maryland?
Maryland caps security deposits at one month's rent — cut from two months effective October 1, 2024 by the Renters' Rights and Stabilization Act, a change many older guides still miss — with a narrow written-agreement exception to two months for utility-assistance tenants who pay utilities through the landlord; a mobile home park follows its own title, which allows up to two months' rent or $50, whichever is greater.
Cited to RP § 8-203 (b), (d), (e), (f), (g), (i) and 8 more cited sources · Verified October 1, 2026
The deposit must be held at an in-State branch of a federally insured institution (or in insured certificates of deposit or government securities) and earn simple interest at the greater of 1.5% or the one-year Treasury yield rate, calculated monthly (the state DHCD publishes an official calculator). Within 45 days of the tenancy ending the landlord must return the deposit with interest, and any damage claim requires a written itemized list of damages and actual costs mailed first-class within those same 45 days — miss the list and the right to withhold any of it for damages is forfeited. Withholding without a reasonable basis exposes the landlord to up to three times the withheld amount plus attorney's fees, overcharging above the cap carries its own treble penalty, the written receipt (now required in the lease itself) carries a $25 penalty, and tenants who give 15 days' certified-mail notice have the right to attend the move-out inspection.
Maryland security deposits at a glance
| Maximum deposit | 1 month's rent — The limit runs per dwelling unit regardless of the number of tenants (RP § 8-203(b)(1)). Up to 2 months is allowed only where a utility-assistance tenant pays utilities directly to the landlord and both parties agree in writing. The provision was rewritten by the Renters' Rights and Stabilization Act of 2024 (HB 693, Ch. 124, eff. 2024-10-01): a landlord 'may not impose a security deposit in excess of the equivalent of 1 month's rent per dwelling unit, regardless of the number of tenants.' The exception in (b)(2) requires ALL of: the tenant qualifies for utility assistance through the Department of Human Services, the lease has the tenant paying utilities directly to the landlord, and the parties agree to the amount in writing. Overcharging lets the tenant recover up to three times the extra amount charged plus attorney's fees (b)(3). A mobile home park follows its own title: a park owner may not impose a security deposit greater than 2 months' rent or $50, whichever is greater (§ 8A-1001(a)(1)). |
|---|---|
| Return deadline | 45 days |
| Deadline conditions | The deposit comes back with accrued interest, less damages rightfully withheld, counted from the end of the tenancy (§ 8-203(e)(1)). Any damage claim must be mailed inside that same window, or the right to withhold any part of the deposit for damages is forfeited (§ 8-203(g)(2)). Both duties run within 45 days after the end of the tenancy: return of the deposit with accrued interest, less damages rightfully withheld (§ 8-203(e)(1)), and the damage claim — a written list of claimed damages with an itemized statement of costs incurred, by first-class mail to the tenant's last known address (§ 8-203(g)(1)). Failure to send the (g) list forfeits the right to withhold any part of the deposit for damages. When a landlord wins a judgment for possession, the court may also allow the landlord to deduct the District Court's surcharge on a failure-to-pay-rent (summary ejectment) case from the deposit, but only if the lease provides that the surcharge may be assessed against the tenant, and never more than the amount of the deposit (Courts and Judicial Proceedings § 7-301(c)(5)(ii)–(iii); Real Property § 8-203(f)(2)). These deadlines work differently for a tenant who was evicted or ejected for breach of the lease, or who abandoned the premises, before the tenancy ended: that tenant may demand the deposit by first-class mail within 45 days, giving a new address, and the landlord then has 45 days from receiving the demand to send the list of damages and return the deposit with interest (§ 8-203(h)). |
| Itemization required | Yes |
| Itemization rules | Written list of damages claimed plus an itemized statement of the actual costs incurred, mailed first-class to the tenant's last known address within 45 days of termination (§ 8-203(g)(1)). The tenant also has a certified-mail-triggered right to attend the move-out inspection: if the tenant notifies the landlord by certified mail at least 15 days before moving (with date and new address), the landlord must give certified-mail notice of an inspection held within 5 days before or after the move date (§ 8-203(f)). The itemized statement must include supporting documentation identifying the materials or services provided. A landlord may give an estimate instead, but must then notify the tenant in writing when the repairs are done, with a copy of the final invoice, and return within 30 days any amount withheld above the actual cost (§ 8-203(j)-(k)). |
| Separate account required | Yes |
| Interest owed to tenant | Yes |
| Account & interest rules | Interest is simple, not compounded, and accrues monthly from the day the deposit is paid, at the greater of 1.5% per year or the daily U.S. Treasury yield curve rate for 1 year as of the first business day of the year. It is owed only on deposits of $50 or more held at least 6 months (§ 8-203(e)). No interest accrues for any period less than a full month. The state DHCD publishes an official calculator landlords may rely on. Deposits must be held in interest-bearing accounts used only for security deposits, at in-State branches of federally insured financial institutions doing business in Maryland, and deposited within 30 days after the landlord receives them; a landlord may instead hold them in insured certificates of deposit at in-State branches of federally insured institutions or in federal or Maryland government securities (§ 8-203(d)). With the landlord's consent, a tenant may purchase a surety bond in place of all or part of the deposit; a landlord may not require one and does not have to accept one (§ 8-203(i)). |
| Pet deposits | A pet deposit counts inside the general deposit cap and has no figure of its own. The pet-deposit rule, pet rent and fees, and the assistance-animal rules are on the pets and assistance animals page. |
| Non-refundable fees allowed | Not addressed by statute |
| Penalty for violation | Withholding the deposit past 45 days with no reasonable basis for keeping it costs up to 3x the withheld amount plus attorney's fees (§ 8-203(e)(4)). Failing to send the 45-day itemized damage list separately forfeits the right to withhold any part of the deposit for damages (§ 8-203(g)(2)). Overcharging above the cap separately exposes the landlord to up to three times the extra amount charged plus reasonable attorney's fees (§ 8-203(b)(3)). Failing to give the written deposit receipt costs a flat $25 (§ 8-203.1(c)). A tenant who was evicted or abandoned the premises and demanded the deposit in time has the same threefold action if it is not returned (§ 8-203(h)(3)(ii)), and the surety-bond rules carry their own threefold remedies (§ 8-203(i)). |
| Tenant forwarding-address duty | No duty gates the return at the end of an ordinary tenancy, but the move-out-inspection right requires the tenant's certified-mail notice at least 15 days before moving, stating the move date and new address (§ 8-203(f)(1)). A tenant who was evicted or ejected for breach, or who abandoned the premises, before the tenancy ended must demand the deposit by first-class mail within 45 days, and the demand must give the tenant's new address (§ 8-203(h)(2)). |
Cite this page: "Landlord Atlas, Maryland Security Deposit Laws (verified October 1, 2026), landlordatlas.com/laws/security-deposits/maryland/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Generate a Maryland security-deposit return letter — free, no signup, built on the same verified Maryland law as this page.
Editable Maryland deposit kit — the deposit disposition letter, the move-in receipt with the custody and interest statements, a deposits-held register with the return deadline computed, and the rules fact sheet built on the verified Maryland rules on this page, in Word, fillable PDF and Excel.
Notes and caveats
- The 1-month cap is 2024 law — older sources still say 2 months — This is the premier stale-source trap for Maryland: nearly every source dated before October 2024 — and many still-circulating 50-state charts — says the cap is 2 months. It is one month's rent.
- The cap does have an exception — a new, obscure one — The § 8-203(b)(2) utility-assistance exception is new and obscure, and it is recorded here to preempt the opposite overcorrection: claims that 'the cap has no exceptions' are wrong too.
- The treble penalty is not strict liability — The § 8-203(e)(4) treble penalty attaches only to withholding 'without a reasonable basis' — it is not strict liability.
- The $25 receipt penalty and the receipt in the lease — The $25 penalty for failing to give a written deposit receipt is in § 8-203.1(c) of the current official text, and the receipt itself must be included in a written lease (§ 8-203(c)(2); § 8-208(c)(3)). Neither rule came from the Renters' Rights and Stabilization Act of 2024, which changed the deposit cap but did not amend § 8-203.1 or § 8-203(c).
- Nonrefundable fees: no general rule — No Maryland statute squarely authorizes or bans nonrefundable move-in fees in general. Three provisions bear on them. Since October 1, 2024 a lease may not require a tenant to pay more than the security deposit and the first month's rent in order to begin the lease and occupy the premises (§ 8-208(d)(11)). Unless the landlord offers four or fewer dwelling units on one parcel or at one location, or the rental is seasonal or a condominium, a landlord who requires fees other than a security deposit from a prospective tenant that exceed $25 must return them within 15 days, keeping only what was actually spent on a credit check or other application expenses, or owe twice the fees (§ 8-213). And since October 1, 2025 a landlord's pet policy must list any up-front, nonrefundable pet fees (§ 8-210(c)(2)). A fee-disclosure bill, HB 80, passed the House in the 2026 session but did not pass the Senate before the session ended.
- The surety-bond alternative needs the landlord's consent — A tenant may buy a surety bond in place of all or part of the deposit only if the landlord consents; a landlord may not require one and does not have to accept one. A bond and any deposit together may not exceed two months' rent per dwelling unit, and before the purchase the surety must tell the tenant in writing, among other things, that the bond payment is nonrefundable and is not insurance for the tenant (§ 8-203(i)).
Common questions: Maryland security deposits
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- How much can a landlord charge for a security deposit in Maryland?
- 1 month's rent — The limit runs per dwelling unit regardless of the number of tenants (RP § 8-203(b)(1)). Up to 2 months is allowed only where a utility-assistance tenant pays utilities directly to the landlord and both parties agree in writing.
- How long does a landlord have to return a security deposit in Maryland?
- 45 days. The deposit comes back with accrued interest, less damages rightfully withheld, counted from the end of the tenancy (§ 8-203(e)(1)). Any damage claim must be mailed inside that same window, or the right to withhold any part of the deposit for damages is forfeited (§ 8-203(g)(2)).
- What happens if a landlord does not return the deposit on time in Maryland?
- Withholding the deposit past 45 days with no reasonable basis for keeping it costs up to 3x the withheld amount plus attorney's fees (§ 8-203(e)(4)). Failing to send the 45-day itemized damage list separately forfeits the right to withhold any part of the deposit for damages (§ 8-203(g)(2)).
- Do landlords have to pay interest on security deposits in Maryland?
- Yes — Maryland requires interest on the security deposit to be paid to the tenant. Interest is simple, not compounded, and accrues monthly from the day the deposit is paid, at the greater of 1.5% per year or the daily U.S. Treasury yield curve rate for 1 year as of the first business day of the year. It is owed only on deposits of $50 or more held at least 6 months (§ 8-203(e)).
- Can a landlord charge a non-refundable fee in Maryland?
- Not addressed by statute.
Citations
- RP § 8-203 · (b), (d), (e), (f), (g), (i) (verified 2026) Official source
- RP § 8-203.1 (verified 2026) Official source
- HB 693 (2024), Ch. 124 — Renters' Rights and Stabilization Act of 2024 (verified 2026) Official source
- Maryland DHCD security deposit interest calculator (verified 2026) Official source
- Md. Code, Cts. & Jud. Proc. § 7-301 (District Court costs; eviction filing surcharge) · (c)(2)(i)1, (c)(5) (verified 2026) Official source
- Md. Code, Real Prop. § 8-208 (lease requirements; prohibited provisions) · (c)(3), (d)(11), (d)(13) (verified 2026) Official source
- Md. Code, Real Prop. § 8A-1001 (mobile home park security deposits) · (a)(1) (verified 2026) Official source
- Md. Code, Real Prop. § 8-213 (application fees) · (b)-(c) (verified 2026) Official source
- Md. Code, Real Prop. § 8-210 (pet policy disclosure) · (c)(2) (verified 2026) Official source
How this record was verified: Direct read of statute text on the Maryland General Assembly site (mgaleg.maryland.gov). October 1, 2026: every section the security deposit, rent increase, late fee, entry and eviction answers rest on was read there in the text in effect that day. The site's default view prints the text in effect on January 1, 2026, so each section a later act amended was read in the view that includes those enactments. The sections: Real Property §§ 8-203, 8-203.1, 8-208, 8-209, 8-209.1, 8-210, 8-213, 8-216, 8-221, 8-401, 8-402, 8-402.1, 8-406, 8-407 and 8-901 to 8-905; for mobile home parks, §§ 8A-404, 8A-704 and 8A-1001; Courts and Judicial Proceedings § 7-301; and General Provisions § 1-302. The chapter laws behind them were read on the same site, each passage the act strikes settled on the code page: 2023 ch. 146, 2024 ch. 124, 2025 chs. 564 and 580, and 2026 chs. 494 and 754. Interest mechanics were read on the Department of Housing and Community Development's deposit-interest calculator page, and the local rent-stabilization programs on the Takoma Park, Montgomery County and Prince George's County government pages.