DisputeKit / Maryland
How long does a Maryland landlord have to return a security deposit?
45 days. Under Maryland Code, Real Property § 8-203, a landlord must return the security deposit with interest, less any damages rightfully withheld, and mail a written list of the damages claimed with an itemized statement of costs and supporting documentation within 45 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to deduct for damages. A court may also award up to three times the amount withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit within 45 days without a reasonable basis.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The list of damages is sent by first-class mail to the tenant's last known address, so give the landlord your new address in writing.
- If the tenant was evicted or abandoned the premises, the tenant must send a written demand with a new address within 45 days, and the landlord then has 45 days after receiving it.
What Maryland law says about deductions and your rights
- Deductions are limited to unpaid rent, damage due to breach of lease, and damage beyond ordinary wear and tear.
- Interest is owed at the greater of 1.5% a year or the 1-year U.S. Treasury yield curve rate, on deposits of $50 or more held at least 6 months.
- A security deposit generally may not exceed one month's rent.
- If the tenant notifies the landlord by certified mail at least 15 days before moving (with the moving date and new address), the tenant may be present at the move-out inspection.
- If the landlord uses repair estimates, it must later send the final invoice and refund any excess within 30 days after completing repairs.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Maryland is $5,000 in the District Court of Maryland, and the filing fee is $44 to file a small claims complaint, plus a fee for serving the defendant.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 45 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Maryland?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Maryland law allows a court to award up to three times the amount withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit within 45 days without a reasonable basis. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Maryland is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.