Best Landlord & Tenant Lawyers in Maryland

About Landlord & Tenant Law in Maryland, United States

Landlord and tenant law in Maryland governs the relationship between property owners renting residential space and those who lease those properties as tenants. This area of law establishes the rights and responsibilities of both parties to ensure fair housing practices and promote a safe, stable living environment. Maryland landlord and tenant law covers topics such as lease agreements, security deposits, eviction procedures, maintenance requirements, and the handling of disputes. These laws are designed to balance the interests of landlords in managing their properties and collecting rent with the interests of tenants in having a habitable and secure residence.

Why You May Need a Lawyer

Many situations involving rental property can benefit from legal guidance. Consider consulting a lawyer if you are a landlord or tenant facing any of the following common challenges:

• Eviction proceedings, either as a landlord seeking to evict or as a tenant facing eviction
• Disputes over unpaid rent, security deposits, or alleged property damages
• Issues involving the enforcement or breaking of a lease agreement
• Claims of unsafe or unhealthy living conditions (such as lack of heat, water, or major repairs) that are not addressed
• Retaliation or discrimination based on protected characteristics
• Questions about local tenant rights or landlord obligations
• Unclear rules regarding processing of rent increases or changes to rental terms
• Navigating state and local laws that may differ from general expectations

A lawyer can help interpret lease terms, negotiate settlements, represent your interests in court, and ensure your rights are protected under Maryland law.

Local Laws Overview

Maryland’s landlord and tenant laws are set forth in the Maryland Code, primarily in the Real Property Article. Key aspects include the following:

• Leases: Verbal or written leases are permitted, but written agreements are highly recommended. There are legal requirements for certain lease terms, including security deposit disclosures and lead paint notifications for older properties.
• Security Deposits: Maryland law limits security deposits to two months’ rent. Landlords must provide written receipts and return deposits within 45 days of lease termination, subtracting only specified costs. Excessive withholding or failure to follow procedures can result in penalties.
• Repairs and Maintenance: Landlords must maintain rental properties in safe, habitable condition. Tenants can seek rent escrow through courts if serious health and safety violations are not fixed after proper notice.
• Eviction: Legitimate reasons for eviction include nonpayment of rent, breach of lease, or holding over after the lease ends. Maryland requires specific notice periods and formal court proceedings before a tenant can be removed. “Self-help” evictions (changing locks, shutting off utilities) are illegal.
• Rent Increases: There are no statewide rent control laws, but notice requirements may apply. Some counties or cities have additional protections for tenants related to rent hikes or eviction restrictions.
• Anti-Discrimination: Fair housing laws prohibit discrimination based on race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, and certain other protected classes.

Frequently Asked Questions

Do I need to sign a written lease in Maryland?

No, verbal leases are valid for terms under one year, but having a written lease is highly recommended for clarity and to prevent disputes.

What is the maximum amount a landlord can charge for a security deposit?

Maryland law allows a security deposit of up to two months’ rent. Any amount above this limit can entitle the tenant to damages.

How quickly must a landlord return my security deposit after I move out?

The landlord must return the security deposit, minus any lawful deductions, within 45 days after the tenancy ends.

Can a landlord enter my rental unit without notice?

Maryland does not have a statewide statute regarding landlord entry, but most leases address this. Typically, landlords should give 24 hours’ notice except in emergencies.

What are the legal reasons a landlord can evict a tenant?

Typical reasons include nonpayment of rent, material breach of lease, or staying past the end of the lease. Proper notice and court procedures are required.

Can my landlord increase my rent at any time?

In month-to-month tenancies, landlords must provide at least one rental period’s notice before raising rent. Local laws may impose additional limits or requirements.

What can I do if my landlord does not make necessary repairs?

You may be entitled to withhold rent in a court-ordered escrow account if the landlord fails to address significant health or safety violations, following the legal process set out in Maryland law.

Are there protections against retaliation if I complain about conditions?

Yes. Maryland law prohibits landlords from retaliating by raising rent, decreasing services, or attempting eviction because a tenant has asserted their legal rights or complained to authorities.

Is my landlord required to remove lead paint hazards?

If the property was built before 1978, the landlord must comply with state lead risk reduction standards and provide proper notices to tenants.

Where do I file a complaint about my landlord or a rental property?

You can contact your local housing office, health department, or file a case in District Court depending on the issue. Legal aid organizations can also assist.

Additional Resources

If you need more information or assistance regarding landlord and tenant matters in Maryland, consider these resources:

• Maryland Courts Self-Help Center
• Maryland Legal Aid
• Office of the Attorney General - Consumer Protection Division
• Local District Court for your jurisdiction
• Fair Housing Action Center of Maryland
• County or municipal housing agencies

Next Steps

If you are facing a landlord and tenant issue:

• Collect all relevant documents, such as leases, written communications, receipts, and photos of any property conditions.
• Attempt to communicate in writing with the other party to resolve the issue, if appropriate.
• Contact a lawyer who specializes in Maryland landlord and tenant law for personalized legal advice and representation, especially if you are facing eviction, withholding rent, or pursuing legal action.
• Seek assistance from local governmental agencies or nonprofit organizations listed above if you cannot afford a private lawyer.
• Consider mediation for disputes that may be resolved outside of court.

Being informed and proactive is the best way to protect your rights and address issues effectively in Maryland’s landlord and tenant legal landscape.