Maryland eviction notice and late fee rules

Notice for unpaid rent

10 days — Before filing a failure-to-pay-rent complaint, the landlord must give the tenant written notice of intent to file if the tenant does not cure within 10 days after the notice is provided.

Ending a month-to-month tenancy

Except as otherwise provided, a landlord must give written notice of intent to terminate a month-to-month tenancy (or a written lease for a stated term over 1 week) 60 days before the tenancy expires.

Late-fee limit

A lease may not provide for a late-payment penalty exceeding 5% of the unpaid rent due for the period, or, for weekly rent, more than $3 per week or a total of no more than $12 per month.

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

Before filing a failure-to-pay-rent complaint, the landlord must give the tenant written notice of intent to file if the tenant does not cure within 10 days after the notice is provided.

“Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant.”
Md. Code, Real Prop. § 8-401(c)(1)

Paying to stop an eviction

After a judgment for possession for unpaid rent, the tenant may redeem by tendering in cash, certified check or money order all past-due amounts determined by the court plus court-awarded costs and fees, at any time before actual execution of the eviction order.

“in any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving the landlord restitution of the leased premises, the tenant shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the landlord or the landlord’s agent all past due amounts, as determined by the court under subsection (e) of this section, plus all court awarded costs and fees, at any time before actual execution of the eviction order.”
Md. Code, Real Prop. § 8-401(h)(1)

The right of redemption does not apply to a tenant against whom three judgments of possession for unpaid rent were entered in the 12 months before the action.

“This subsection does not apply to any tenant against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.”
Md. Code, Real Prop. § 8-401(h)(3)

Notice for other lease violations

For a breach of lease, the landlord must give 30 days' written notice that the tenant is in violation and the landlord wants to repossess.

“A. The landlord has given the tenant 30 days’ written notice that the tenant is in violation of the lease and the landlord desires to repossess the leased premises; or”
Md. Code, Real Prop. § 8-402.1(a)

Where the breach involves a clear and imminent danger, the required notice is 14 days' written notice.

“the landlord has given the tenant or person in possession 14 days’ written notice that the tenant or person in possession is in violation of the lease and the landlord desires to repossess the leased premises;”
Md. Code, Real Prop. § 8-402.1(a)

Ending a month-to-month or other periodic tenancy

Except as otherwise provided, a landlord must give written notice of intent to terminate a month-to-month tenancy (or a written lease for a stated term over 1 week) 60 days before the tenancy expires.

“If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy;”
Md. Code, Real Prop. § 8-402(c)(2)(i)

For week-to-week tenancies, the landlord's notice is 7 days before expiration with a written lease, or 21 days without a written lease.

“In the case of tenancies from week to week: 1. If the parties have a written lease, 7 days before the expiration of the tenancy; or 2. If the parties do not have a written lease, 21 days before the expiration of the tenancy.”
Md. Code, Real Prop. § 8-402(c)(2)(iv)

Lockouts and utility shutoffs

A landlord may not take or threaten to take possession by lockout or other action, including willful diminution of services; possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment or surrender.

“(1) Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant. (2) A landlord may take possession of a dwelling unit from a tenant or tenant holding over only: (i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or (ii) If the tenant has abandoned or surrendered possession of the dwelling unit.”
Md. Code, Real Prop. § 8-216(b)

A tenant who prevails on a lockout claim may recover actual damages and reasonable attorney's fees and costs.

“the tenant may recover: (i) Actual damages; and (ii) Reasonable attorney’s fees and costs.”
Md. Code, Real Prop. § 8-216(c)(1)

Retaliation

For any reason listed in § 8-208.1(a)(2), a residential landlord may not bring or threaten a possession action, arbitrarily increase rent or decrease services, or terminate a periodic tenancy.

“For any reason listed in paragraph (2) of this subsection, a landlord of any residential property may not: (i) Bring or threaten to bring an action for possession against a tenant; (ii) Arbitrarily increase the rent or decrease the services to which a tenant has been entitled; or (iii) Terminate a periodic tenancy.”
Md. Code, Real Prop. § 8-208.1

One prohibited reason is the tenant's participation in a tenants' organization.

“(iii) Because the tenant has participated in any tenants’ organization; or”
Md. Code, Real Prop. § 8-208.1(a)(2)(iii)

What the notice must say and how it is delivered

The 10-day notice must be on a Maryland Judiciary form and is given when sent by first-class mail with certificate of mailing, affixed to the door, or, if the tenant elected it, sent electronically by e-mail, text or tenant portal.

“The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 1. Sent by first–class mail, certificate of mailing; 2. Affixed to the door of the premises; or 3. If elected by the tenant, sent by electronic delivery in at least one of the following forms: A. An e–mail message; B. A text message; or C. Through an electronic tenant portal.”
Md. Code, Real Prop. § 8-401(c)(2)(i)

Late fees and grace periods

A lease may not provide for a late-payment penalty exceeding 5% of the unpaid rent due for the period, or, for weekly rent, more than $3 per week or a total of no more than $12 per month.

“Provides for a penalty for the late payment of rent in excess of 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent; or (ii) In the case of leases under which the rent is paid in weekly rental installments, provides for a late penalty of more than $3 per week or a total of no more than $12 per month;”
Md. Code, Real Prop. § 8-208

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Maryland rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Maryland have to give for unpaid rent?

Before filing a failure-to-pay-rent complaint, the landlord must give the tenant written notice of intent to file if the tenant does not cure within 10 days after the notice is provided. (Md. Code, Real Prop. § 8-401(c)(1)).

How much notice is needed to end a month-to-month tenancy in Maryland?

Except as otherwise provided, a landlord must give written notice of intent to terminate a month-to-month tenancy (or a written lease for a stated term over 1 week) 60 days before the tenancy expires. (Md. Code, Real Prop. § 8-402(c)(2)(i)).

Is there a limit on rent late fees in Maryland?

A lease may not provide for a late-payment penalty exceeding 5% of the unpaid rent due for the period, or, for weekly rent, more than $3 per week or a total of no more than $12 per month. (Md. Code, Real Prop. § 8-208).