Getting The Deposit Back
Real Prop. § 8-203 — back within 45 days with interest, or up to three times the amount withheld
45 days. Within 45 days after the tenancy ends, a Maryland landlord returns the security deposit with simple interest, less any damages rightfully withheld. If any part is withheld, the landlord mails a written list of the damages claimed and an itemized statement of the cost, first class to the tenant's last known address, within the same 45 days. A landlord who does not send the list forfeits the right to withhold any of the deposit for damages.
Up to three times what was withheld. A landlord who, without a reasonable basis, fails to return any part of the deposit and its interest within 45 days is liable in an action for up to threefold of the withheld amount, plus reasonable attorney's fees.
The deposit may not be more than the equivalent of 1 month's rent per dwelling unit, however many tenants there are, except up to 2 months' rent where the tenant qualified for utility assistance, the lease has the tenant pay utilities to the landlord, and both agree in writing. A tenant charged more may recover up to three times the extra amount plus reasonable attorney's fees, at any time during the tenancy or within 2 years after it ends.
Interest accrues at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater. It is simple, not compounded, and is owed only on a deposit of $50 or more held for at least 6 months, and not for any part of a month.
- The tenant may ask, by certified mail within 15 days of moving in, for an inspection in the tenant's presence to list the damage already there.
- The tenant may be present at the move out inspection by notifying the landlord by certified mail at least 15 days before moving, with the moving date and the new address. The landlord then gives the inspection date by certified mail, within five days before or after the moving date.
- A landlord who does not follow the move out inspection procedure forfeits the right to withhold any part of the deposit for damages.
- The receipt for the deposit has to set out these rights, and a landlord who gives no written receipt owes the tenant $25.
The deposit may be kept only for unpaid rent, damage due to breach of the lease, or damage beyond ordinary wear and tear; it is not liquidated damages. A tenant who was evicted or who abandoned the unit before the tenancy ended demands the deposit by first class mail within 45 days, giving a new address, and the landlord then has 45 days from receiving it. No provision of the section may be waived in a lease.
Sources for this section (2)
- Md. Code, Real Prop. § 8-203 — Security deposits
- Md. Code, Real Prop. § 8-203.1 — Security deposit receipt
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.