Maryland's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is 1 month's rent (effective Oct. 1, 2024 for new leases; older leases may retain the prior 2-month cap). The return deadline is 45 days after the tenancy ends, with an itemized list of damages and costs. Interest: Yes — landlords must pay simple interest on deposits of $50 or more at the statutory rate. The controlling authority is Md. Code Ann., Real Prop. § 8-203. Wrongful withholding can support treble damages of the amount wrongfully withheld plus reasonable attorney fees.
Key takeaways
- Maximum deposit: 1 month's rent (effective Oct. 1, 2024 for new leases; older leases may retain the prior 2-month cap)
- Return deadline: 45 days after the tenancy ends, with an itemized list of damages and costs
- Interest: Yes — landlords must pay simple interest on deposits of $50 or more at the statutory rate.
- Penalties: Wrongful withholding can support treble damages of the amount wrongfully withheld plus reasonable attorney fees.
- Primary authority: Md. Code Ann., Real Prop. § 8-203.
Worked example under Maryland law
The illustration below uses only rules already stated for Maryland. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Maryland rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent (effective Oct. 1, 2024 for new leases; older leases may retain the prior 2-month cap).
- Calendar the return deadline: 45 days after the tenancy ends, with an itemized list of damages and costs
- Interest, if any: Yes — landlords must pay simple interest on deposits of $50 or more at the statutory rate.
- If the landlord keeps money without the required accounting: Wrongful withholding can support treble damages of the amount wrongfully withheld plus reasonable attorney fees.
Maryland Real Property § 8-203 now generally caps new deposits at one month’s rent, requires interest, and mandates return with itemization within 45 days. Treble damages apply for wrongful withholding. District Court handles many disputes.
Deposit limits in Maryland
1 month's rent (effective Oct. 1, 2024 for new leases; older leases may retain the prior 2-month cap)
When the deposit must be returned
45 days after the tenancy ends, with an itemized list of damages and costs
Interest and accounting
Yes — landlords must pay simple interest on deposits of $50 or more at the statutory rate.
Penalties for wrongful withholding
Wrongful withholding can support treble damages of the amount wrongfully withheld plus reasonable attorney fees.
Practical process for tenants and landlords
Maryland Real Property § 8-203 now generally caps new deposits at one month’s rent, requires interest, and mandates return with itemization within 45 days. Treble damages apply for wrongful withholding. District Court handles many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Maryland
John GOLT v. Richard PHILLIPS, Wayne Phillips, Phillips Brothers & Associates, and Wayne Phillips Associates
…te actual damages that could be withheld *5 from a tenant’s security deposit; and (3) whether the trial judge abused his discretion in not awarding treble damages and attorney’s fees to the tenant when no finding of a reasonable basis for withholding the tenant’s security deposit was made. We shall summarize the facts necessary to place these issues in proper focus. In August 1…
Practitioners open John GOLT v. Richard PHILLIPS, Wayne Phillips, Phillips Brothers & Associates, and Wayne Phillips Associates when Maryland security deposits turns on the distinction in this sentence: "We shall summarize the facts necessary to place these issues in proper focus." Do not lift it out of the facts the court was deciding.
CONVERGE SERVICES GROUP, LLC D/B/A SureDeposit v. J. Joseph CURRAN, Jr., Et Al.
CONVERGE SERVICES GROUP, LLC D/B/A SureDeposit v. J. Joseph CURRAN, Jr., Et Al., 383 Md. 462 (2004)
…te tenants to be used by the tenants in lieu of traditional security deposits required by their tenancies. After some administrative discovery occurred, the Division notified SureDeposit in January 2003 that it believed SureDeposit’s trade practices violated the Maryland Consumer Protection Act, Md.Code (1975, 2000 Repl.Vol.), § 13-101, et sec/., of the Commercial Law Article (…
CONVERGE SERVICES GROUP, LLC D/B/A SureDeposit v. J. Joseph CURRAN, Jr., Et Al. is worth reading on Maryland security deposits because the court put the point in its own words: "After some administrative discovery occurred, the Division notified SureDeposit in January 2003 that it believed SureDeposit’s trade practices violated the Maryland Consumer Protection Act, Md.Code (1975, 2000 Repl.Vol.), § 13-101, et sec/." Use that passage as the starting point, then read the facts that precede it.
Ho PAK and Lisa Leone Pak, v. Minh-Vu HOANG
Ho PAK and Lisa Leone Pak, v. Minh-Vu HOANG, 378 Md. 315 (2003)
…espondent had breached the lease and had not returned their security deposit in violation of the Maryland Security Deposit Act, Md. Code (1974, 2003 Repl.Vol.), § 8-203 of the Real Property Article.[2] In July of 2000, *1187 the Circuit Court granted petitioners' Motion for Summary Judgment, dismissed with prejudice respondent's claim and entered judgment against respondent as…
Maryland opinions such as Ho PAK and Lisa Leone Pak, v. Minh-Vu HOANG are cited where security deposits is disputed. The court stated: "Maryland Security Deposit Act, Md. Code (1974, 2003 Repl.Vol.), § 8-203 of the Real Property Article." That is the language to brief; the rest of the decision supplies the procedural posture.
A.H. ROHRBAUGH v. ESTATE OF Charlotte A. STERN
A.H. ROHRBAUGH v. ESTATE OF Charlotte A. STERN, 305 Md. 443 (1986)
…without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.” 1 We granted certiorari to resolve an ambiguity in this statutory provision: whether the amount subject to treble damages is…
Practitioners open A.H. ROHRBAUGH v. ESTATE OF Charlotte A. STERN when Maryland security deposits turns on the distinction in this sentence: "without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.” 1 We granted certiorari" Do not lift it out of the facts the court was deciding.
Katie McDANIEL v. Tom BARANOWSKI
Katie McDANIEL v. Tom BARANOWSKI, 419 Md. 560 (2011)
…aid Baranowski the first month’s rent of $650, as well as a security deposit of $650. Upon taking possession, after putting the utilities in her name, McDaniel discovered various problems involving the fuse box, which was “sizzling and sparking.” Specifically, when the fuse box sparked, the power in the apartment would shut off. McDaniel contacted Baltimore Gas and Electric and…
Practitioners open Katie McDANIEL v. Tom BARANOWSKI when Maryland security deposits turns on the distinction in this sentence: "Baranowski the first month’s rent of $650, as well as a security deposit of $650. Upon taking possession, after putting the utilities in her name, McDaniel discovered various problems involving the fuse box, which was “sizzling and sparking." Do not lift it out of the facts the court was deciding.
Chander KANT, Et Al. v. MONTGOMERY COUNTY, Et Al.
Chander KANT, Et Al. v. MONTGOMERY COUNTY, Et Al., 365 Md. 269 (2001)
…ordered [the landlords] to refund Ms. Wetherell her entire security deposit, plus interest, and pay her $4,502.00 (representing a 15% refund of the reduced value of her leasehold during the defective tenancy, $1,000.00 in attorney’s fees, and $982.00 in relocation costs). *272 “The Commission also found that [the landlords] had engaged in a pattern of retaliatory practices aga…
Maryland opinions such as Chander KANT, Et Al. v. MONTGOMERY COUNTY, Et Al. are cited where security deposits is disputed. The court stated: "Ms. Wetherell her entire security deposit, plus interest, and pay her $4,502.00 (representing a 15% refund of the reduced value of her leasehold during the defective tenancy, $1,000.00 in attorney’s fees, and $982.00 in relocation costs)." That is the language to brief; the rest of the decision supplies the procedural posture.
WILSON Et Ux. v. RUHL
WILSON Et Ux. v. RUHL, 277 Md. 607 (1976)
…July rent having been paid, at which time Mrs. Ruhl held a security deposit of $345.00, equivalent to one month’s rent. On 27 July 1974, Mrs. Ruhl listed the property for sale with the real estate firm of Russell T. Baker & Co., with which she was associated. On 30 September 1974, she listed the property as for sale or for rent, and on 21 October 1974, the property was listed…
Maryland opinions such as WILSON Et Ux. v. RUHL are cited where security deposits is disputed. The court stated: "July rent having been paid, at which time Mrs. Ruhl held a security deposit of $345.00, equivalent to one month’s rent. On 27 July 1974, Mrs. Ruhl listed the property for sale with the real estate firm of Russell T. Baker & Co., with which she was associated." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How much can a landlord charge for a security deposit in Maryland?
1 month's rent (effective Oct. 1, 2024 for new leases; older leases may retain the prior 2-month cap)
How long does a landlord have to return my deposit?
45 days after the tenancy ends, with an itemized list of damages and costs
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support treble damages of the amount wrongfully withheld plus reasonable attorney fees.
This guide covers Maryland residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.