What Maryland requires
- If the tenant asks by certified mail within 15 days of moving in, the landlord inspects the unit in the tenant's presence and makes a written list of the damage that exists at the start of the tenancyMaryland Code, Real Property s. 8-203.1 (a) (1)
- The landlord gives the tenant a receipt for the security deposit, included in the written lease, that tells the tenant of their inspection rights, the 45-day list and refund, and the penalty of up to 3 times the deposit withheld; the landlord keeps a copy for 2 years after the tenancy endsMaryland Code, Real Property s. 8-203.1 (a) and (b) ยท Maryland Code, Real Property s. 8-203 (c)
- The tenant may be present at the move-out inspection if, at least 15 days before moving, they tell the landlord by certified mail that they intend to move, the moving date and their new addressMaryland Code, Real Property s. 8-203 (f) (1) (ii) and (iii)
- On receiving that notice, the landlord tells the tenant the time and date of the inspection by certified mail, and the inspection takes place within five days before or after the moving date in the tenant's noticeMaryland Code, Real Property s. 8-203 (f) (1) (iv) and (v)
- A landlord who does not follow the move-out inspection rules forfeits the right to withhold any part of the deposit for damageMaryland Code, Real Property s. 8-203 (f) (1) (vii)
- If any of the deposit is withheld, the landlord sends a written list of the damages claimed with an itemized statement of the cost incurred, by first-class mail to the tenant's last known address, within 45 days after the tenancy ends; missing it forfeits the right to withhold for damageMaryland Code, Real Property s. 8-203 (g)
- The deposit may be withheld for damage by the tenant or their household, guests or invitees in excess of ordinary wear and tear to the premises, common areas, major appliances and furnishings owned by the landlordMaryland Code, Real Property s. 8-203 (f) (1) (i)
- A landlord who, without a reasonable basis, does not return any part of the deposit with interest within 45 days after the tenancy ends can owe up to three times the amount withheld, plus reasonable attorney's feesMaryland Code, Real Property s. 8-203 (e) (4)
The move-in inspection
If the tenant asks by certified mail within 15 days of moving in, the landlord inspects the unit in the tenant's presence and makes a written list of the damage that exists at the start of the tenancy.
The deposit receipt, included in the written lease, tells the tenant about this right, the move-out inspection, the 45-day list and refund, and the penalty for not following the deposit law. The landlord keeps a copy of the receipt for 2 years after the tenancy ends.
The move-out inspection
The tenant may be present at the move-out inspection if, at least 15 days before moving, they tell the landlord by certified mail that they intend to move, the moving date and their new address.
The landlord then tells the tenant the time and date by certified mail, and the inspection takes place within five days before or after that moving date. A landlord who does not follow these rules forfeits the right to withhold any part of the deposit for damage.
Deductions and the 45-day list
The deposit may be withheld for damage by the tenant or their household, guests or invitees in excess of ordinary wear and tear to the premises, common areas, major appliances and furnishings the landlord owns.
If any of the deposit is withheld, the landlord sends a written list of the damages claimed with an itemized statement of the cost incurred, by first-class mail, within 45 days after the tenancy ends. Missing it forfeits the right to withhold for damage, and withholding without a reasonable basis can cost up to three times the amount withheld, plus attorney's fees.
From walkthrough notes to a finished Maryland report
Walk the unit with the tenant room by room and note every item of existing damage, including major appliances and the landlord's furnishings. ReportDraft writes the notes up as a room-by-room list with each item marked and the damage described, ending with signature lines for the landlord and the tenant.
At move-out, use the Move-out inspection type for the same rooms and items, so each charge on the 45-day list can point back to what changed.
Common mistakes
- Leaving the required notices out of the deposit receipt, or not keeping a copy for 2 years.
- Not making a written list of existing damage when the tenant asks within 15 days of moving in.
- Holding the move-out inspection more than five days before or after the tenant's moving date, after they gave notice.
- Telling the tenant the inspection date some other way than by certified mail.
- Sending the list of damages without itemized costs, or after 45 days.
Sources
- Maryland Code, Real Property s. 8-203.1 (a) (1), checked October 8, 2026
- Maryland Code, Real Property s. 8-203.1 (a) and (b), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (c), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (f) (1) (ii) and (iii), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (f) (1) (iv) and (v), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (f) (1) (vii), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (g), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (f) (1) (i), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (e) (4), checked October 8, 2026
Last reviewed October 8, 2026. Next review due January 8, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.