What Maryland requires
- 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)
- 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)
- 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 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 45-day list by first-class mail
If any of the deposit is withheld, send the tenant a written list of the damages claimed with an itemized statement of the cost incurred, by first-class mail to their last known address, within 45 days after the tenancy ends. Missing it forfeits the right to withhold for damage.
Ordinary wear and tear and the move-out inspection
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 unit, common areas, major appliances and furnishings the landlord owns. A landlord who does not follow the move-out inspection rules forfeits the right to withhold any part of the deposit for damage.
The receipt and the penalty
The deposit receipt in the written lease tells the tenant about their inspection rights, the 45-day list and refund, and the penalty. 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 fees.
Common mistakes
- Emailing the list instead of sending it by first-class mail.
- Forgetting the interest owed on the deposit.
- Skipping the move-out inspection steps and then withholding for damage.
- Charging ordinary wear and tear to appliances or furnishings.
Sources
- Maryland Code, Real Property s. 8-203 (g), 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 (f) (1) (i), checked October 8, 2026
- Maryland Code, Real Property s. 8-203 (e) (4), 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
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.