Maryland Security Deposit Law, in Plain English

Maryland's deposit statute reads like a checklist for both sides: a cap that dropped to one month's rent in late 2024, a mandatory receipt, a deposit-only bank account earning interest, a move-out inspection the tenant can claim by certified mail, and a 45-day return with treble damages behind it. Here's how Real Property § 8-203 actually works, for both sides of the lease.

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45 daysDeadline after the tenancy ends to return the deposit with interest and mail any itemized damage list
1 month's rentThe cap for leases signed on or after October 1, 2024 (two months for older leases)
1.5% or TreasurySimple interest on deposits of $50+ — whichever rate is greater
15 daysCertified-mail notice a tenant gives before moving to secure the right to attend the inspection
3xUp to treble the withheld amount, plus attorney's fees, for withholding without a reasonable basis

One month's rent since October 2024 — with a narrow two-month exception

For leases entered on or after October 1, 2024, a Maryland landlord may not impose a deposit greater than one month's rent per unit. Leases signed before that date keep the old two-month ceiling. One exception survives: up to two months is allowed when the tenant qualifies for utility assistance through the Department of Human Services, the lease has the tenant paying utilities directly to the landlord, and both parties agree to the amount in writing. Overcharge the cap and the tenant can recover up to three times the excess plus reasonable attorney's fees. The landlord must also hand over a written receipt for the deposit — a lease clause suffices — that states the tenant's inspection rights and the landlord's obligations (§ 8-203.1). Skip it and the landlord owes the tenant $25. Small, but it's the statute's way of ensuring the tenant is told about the rights below.

A deposit-only account, and interest computed by formula

Within 30 days of receipt, the deposit must be placed in a federally insured financial institution doing business in Maryland, in an account devoted exclusively to security deposits and bearing interest (insured CDs or government securities are allowed alternatives). Interest is simple, accrues monthly without compounding, and runs at the greater of 1.5% per year or the one-year U.S. Treasury yield curve rate as of the first business day of the year. It's owed on deposits of $50 or more held at least six months. The Maryland Department of Housing publishes an online calculator; older guides quoting a flat 3% or 4% are out of date.

The move-out inspection — claimed by certified mail, 15 days ahead

Maryland's inspection right isn't automatic; the tenant activates it. A tenant who notifies the landlord by certified mail at least 15 days before moving — stating the move date and the new address — is entitled to be present at the move-out inspection. The landlord then confirms the time and date, also by certified mail, and the inspection takes place within 5 days before or 5 days after the move date. It's a right worth the price of a stamp. Deductions discussed in the room with both parties present rarely become lawsuits; deductions announced by mail six weeks later routinely do. Take the certified-mail step, attend, and photograph everything the two of you look at.

Maryland gives you the right to be in the room. Bring a record of what was there.

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After move-out: 45 days, itemized with actual costs, by first-class mail

Within 45 days after the end of the tenancy, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. If anything is withheld, the landlord must send — within the same 45 days, by first-class mail to the tenant's last known address — a written list of the damages with an itemized statement of the cost incurred. Permitted deductions: unpaid rent, damage due to breach of the lease, and damage in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and landlord-owned furnishings. Faded paint and normally worn carpet stay the landlord's cost. A tenant who was evicted or abandoned the unit sits outside the automatic 45-day rule — but can demand the deposit by certified mail within 45 days of leaving, which gives the landlord 45 days to respond with the money or the list.

When it goes wrong: forfeiture, then up to triple

Two consequences stack. A landlord who fails to send the itemized list within 45 days forfeits the right to withhold any part of the deposit for damages. And a landlord who, without a reasonable basis, fails to return any part of the deposit plus interest within 45 days faces an action for up to threefold the withheld amount plus reasonable attorney's fees — a rule that makes deposit cases worth a lawyer's time when the facts are clean. Disputes go to small claims in the District Court of Maryland, which hears claims up to $5,000 exclusive of interest, fees, and costs. The winning file: the lease or receipt, the certified-mail inspection notice, the 45-day list with its costs (or proof none arrived), the bank and interest records, and dated room-by-room photos from both ends of the tenancy.

Sources and official texts

The official sources for this guide are Md. Code, Real Property § 8-203 — the security deposit statute (cap, account, interest, 45-day return, inspection right, penalties); Md. Code, Real Property § 8-203.1 — the deposit receipt and its $25 penalty; the Maryland People's Law Library security-deposit guide; and the Maryland Courts Small Claims page ($5,000 limit and procedure).

Frequently asked questions

How long does a landlord have to return a security deposit in Maryland?

45 days after the tenancy ends. The landlord must return the deposit plus accrued interest, minus any damages rightfully withheld — and if anything is withheld, mail you a written list of the damages with an itemized statement of the actual costs, by first-class mail to your last known address, within the same 45 days.

How much can a landlord charge for a security deposit in Maryland?

One month's rent for leases signed on or after October 1, 2024 (leases signed earlier keep the old two-month cap). A landlord may still take two months if you qualify for utility assistance, pay utilities directly to the landlord, and agree in writing. Overcharging exposes the landlord to up to three times the excess plus attorney's fees.

Do I get interest on my deposit in Maryland?

Yes, on deposits of $50 or more held at least six months: simple interest at the greater of 1.5% per year or the one-year U.S. Treasury rate, accruing monthly without compounding. The deposit must sit in a deposit-only, interest-bearing account at a federally insured institution doing business in Maryland. The state's Department of Housing publishes a calculator.

Can I be present at the move-out inspection in Maryland?

Yes — if you trigger the right. Send the landlord notice by certified mail at least 15 days before you move, stating your move date and new address. The landlord must then tell you by certified mail when the inspection will be, within 5 days before or after your move date. Your lease or deposit receipt is required to describe this right.

What can a landlord deduct from a deposit in Maryland?

Unpaid rent, damage caused by a breach of the lease, and damage beyond ordinary wear and tear to the unit, common areas, major appliances, and landlord-owned furnishings — each item on the mailed list with its actual cost. Ordinary aging of paint and carpet isn't deductible.

What happens if the landlord withholds money without a good reason, or never sends the list?

A landlord who fails to send the itemized list within 45 days forfeits the right to withhold anything for damages. And a landlord who, without a reasonable basis, fails to return your deposit and interest within 45 days can be liable for up to three times the amount withheld, plus reasonable attorney's fees.

Is the landlord required to give me a receipt?

Yes. § 8-203.1 requires a written receipt — a clause in the lease is enough — that also states your inspection rights and the landlord's obligations. A landlord who doesn't provide it owes you $25.

Where do deposit disputes go in Maryland?

Small claims in the District Court of Maryland handles claims up to $5,000, not counting interest, fees, and costs — simplified procedure, low filing fees. Bring the lease or receipt, your certified-mail inspection notice, the 45-day list or proof none arrived, and dated move-in and move-out photos.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Maryland law or a particular result in a deposit dispute.

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