baltimore security deposit law

Renters Warehouse BW Metro | June 4, 2024

Baltimore Security Deposit Laws: Homeowner's Quick Guide

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When managing rental properties in Baltimore or anywhere in Maryland, landlords must prioritize trust, transparency, and legal compliance. At the heart of a successful landlord-tenant relationship lies the proper handling of security deposits.

Understanding Maryland security deposit law isn’t just a legal requirement—it’s essential for avoiding disputes and maintaining positive relationships with your renters. Whether you're a seasoned landlord or just starting, this guide breaks down the most common questions and legal responsibilities surrounding security deposits in Maryland.

What Is Maryland Security Deposit Law?

Maryland security deposit law refers to the legal framework landlords must follow when collecting, holding, deducting from, and returning tenant security deposits. These laws are designed to protect both landlords and tenants by ensuring transparency and fairness throughout the rental process.

Key Provisions of Maryland Security Deposit Law:

  • Maximum deposit allowed: No more than two months’ rent.
  • Deposit must be held in escrow: Within 30 days of receipt, landlords must deposit it in a separate escrow account.
  • Interest accrual: Deposits must earn interest (either 1.5% annually or based on the U.S. Treasury yield curve).
  • Return deadline: Must be returned within 45 days of lease termination.
  • Itemized deductions: Required for any withheld amount for damage or unpaid rent.

These rules form the legal foundation for how security deposits must be handled across the state of Maryland.

How Much Can Maryland Landlords Charge for a Security Deposit?

Landlords in Maryland may not collect more than two months' rent as a security deposit.

What to Know:

  • Two months’ rent maximum: Charging more can result in tenant claims or fines.
  • Even partial overcharges are illegal: You must refund any overages promptly.
  • Applies regardless of tenant credit or income: The cap is statewide and non-negotiable.

This limit ensures tenants aren’t burdened by excessive upfront costs while promoting fair rental practices.

Tenant Rights for Security Deposits

Tenants have rights. Especially when it comes down to getting back what’s theirs, suppose deductions are made from your deposit for damages beyond ordinary wear and tear or unpaid rent. In that case, Maryland requires that landlords provide an itemized list of those charges, as stated here

And remember those interest payments we mentioned? They must either follow the U.S Treasury yield curve rate or settle at a flat rate of 1.5% per year.

How Must Landlords Handle and Store Security Deposits in Maryland?

Maryland security deposit law sets clear expectations for how landlords must handle, store, and manage tenant deposits. These rules aren’t just best practices—they’re legal requirements that protect both landlords and tenants throughout the lease.

Here’s what Maryland landlords must do:

  • Provide a written lease: It must clearly explain the deposit amount, terms for return, and relevant Maryland security deposit laws.
  • Deposit the funds within 30 days: All security deposits must be placed into a dedicated escrow account in a federally insured financial institution.
  • Disclose bank details to tenants: Landlords must provide the name and address of the bank or financial institution holding the deposit.
  • Keep deposits separate: Deposits cannot be co-mingled with personal or business funds—mixing these funds is illegal.
  • Earn interest on deposits over $50: The account must be interest-bearing, using either a flat 1.5% annual rate or the U.S. Treasury yield curve rate, whichever is higher.

Proper handling and storage of security deposits isn’t optional—it's the foundation for a legally compliant and trustworthy rental experience in Maryland.

Deductions and Returns of Security Deposits

First, landlords can deduct from security deposits for unpaid rent or damages beyond ordinary wear and tear. However, everyday wear, like a few scuffs here and there, should be covered with something other than the security deposit.

Landlords must return the security deposit within 45 days after lease termination. And the final amount should reflect the interest gained while kept in the bank. By law, this should be either at the US Treasury yield curve rate or 1.5% per year, whichever yields a better interest rate. 

If things become uncertain in a rare situation and deductions appear unjust to your tenants, there is no need to worry on either side. Options include offering an itemized list of deductions supported by actual receipts or estimates. The government of Maryland even provides a handy calculator to estimate what landlords should return.

Home inspection

What Should Landlords and Tenants Know About Inspections and Disputes?

Under Maryland security deposit law, both landlords and tenants have specific rights and responsibilities when it comes to move-out inspections and resolving any disputes over the return of the deposit. A smooth transition starts with clear communication and proper documentation—especially during what can be a stressful time at the end of a lease.

Pre-Move-Out Inspections

Before a tenant vacates the property, it’s a good idea for both parties to conduct a walk-through inspection. This allows everyone to assess the property’s condition and identify any potential damage or repairs needed. The goal is to distinguish between normal wear and tear (like minor carpet wear) and tenant-caused damage (like holes in the walls or broken appliances).

In Baltimore, tenants have a legal right to request a pre-move-out inspection. If requested, landlords must:

  • Provide written notice of the scheduled inspection
  • Allow the tenant to be present during the walk-through
  • Offer an itemized list of any potential deductions, giving the tenant an opportunity to address issues themselves

This process fosters fairness and helps avoid surprises when the final deposit return is calculated.

Tenant Rights During Inspections

Tenants are entitled to transparency during inspections, and landlords must respect their privacy and provide reasonable notice.

Key rights include:

  • Being present during inspections and documenting property condition with photos or video
  • Requesting copies of the landlord’s documentation or inspection photos
  • Receiving at least 24 hours’ notice before an inspection, except in emergencies

Tenants are also responsible for any damage caused by neglect or misuse, such as clogged drains, damaged appliances, or unreported issues. Reporting problems early can help avoid costly deductions later.

Handling Disputes Over the Deposit

Even with a good inspection process, disagreements can still happen. That’s why Maryland security deposit law outlines specific steps to follow when disputes arise:

  • Landlords must send an itemized list of deductions within 30 days after the lease ends
  • Tenants have 15 days to dispute any charges in writing
  • If an agreement can’t be reached, either party may file a claim in small claims court

For tenants who believe they’ve been unfairly charged, resources like Maryland Legal Aid are available to help them understand their rights and possibly obtain legal representation.

While the process may seem intimidating, taking the time to understand and follow the law benefits everyone involved. A fair and documented move-out experience reduces tension, avoids legal trouble, and helps maintain trust between landlords and tenants.

Are Surety Bonds a Legal Alternative to Security Deposits in Maryland?

While traditional security deposits are still the standard, surety bonds offer a flexible alternative for tenants in certain situations. They can be useful, especially for renters who may not have the full cash deposit upfront.

What landlords should know:

  • Surety bonds require a smaller upfront payment from the tenant (a non-refundable premium).
  • The bond covers damages or unpaid rent, similar to a deposit—but the tenant doesn’t get it back.
  • Not all landlords accept surety bonds, and Maryland law still applies regarding notice, documentation, and coverage limits.
  • Offering this option can reduce barriers for qualified renters while still protecting your property.

Surety bonds aren’t widely used in Baltimore yet, but being informed about them helps landlords make flexible, competitive decisions.

Abide to housing lawsProperty Managers Can Help You Abide to Baltimore’s Security Deposit Law 

Understanding Baltimore's security deposit law is like uncovering the key to smoother landlord-tenant relationships. Here are some essential points to remember: there is a cap on the security deposit, which is limited to two months' rent, and deposits should be returned within 45 days. 

Baltimore's landscape demands attention to detail and an understanding heart. Navigating them alone can be time-consuming, but our expert property managers at RW BW Metro are equipped to handle security deposit nuances carefully. We are armed with knowledge and ready to help landlords thrive.

Contact us today for a consultation, and let us help you quickly navigate the world of security deposits. 

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