First Month, Last Month and Other Move-In Payments in Maryland
Before you move in you may be asked for a deposit, the first and last month’s rent and fees. Here is how Maryland treats each payment, the limit on what a lease can require up front and what to get in writing.
Is the first month’s rent a security deposit?
No. A security deposit is a payment given to protect the landlord against nonpayment of rent or damage (Md. Code, Real Property 8-203(a)(3)), and the first month’s rent is rent. Ask for a receipt that says which payment is which.
What about the last month’s rent?
The definition of a security deposit expressly includes payment of the last month’s rent in advance of the time it is due, so it counts toward the one-month cap. With rent of $1,500, a landlord cannot take a full deposit of $1,500 and also the last month’s rent: the two together are $1,500 over the cap. Use the Maryland security deposit limit calculator to add them.
Is there a limit on what a landlord can demand to start the lease?
Yes. The Renters’ Rights and Stabilization Act of 2024 added a prohibition on a lease that requires a tenant to pay more than the sum of the security deposit and the first month’s rent in order to commence the lease and occupy the premises (Chapter 124 of 2024). With one month’s rent as the deposit, move-in costs are two months’ rent at most.
Must the lease include a tenants’ rights notice?
The same Act requires the most recently published Maryland Tenants’ Bill of Rights to be included as part of a residential lease (Chapter 124 of 2024). Ask for it when you sign and keep a copy.
What about application fees and other charges?
The deposit section does not address application fees. Ask for every charge in writing, what it is for and whether it is refundable, and keep the receipts.
A pre-signing checklist
Ask for the total move-in cost in writing; ask what each line is for and which are refundable; add every payment that protects the landlord against rent or damage and compare it with one month’s rent; get a receipt for each payment; and photograph the unit.
How common up-front payments are treated
| Payment | Treatment | Result |
|---|---|---|
| First month’s rent | Rent | Outside the deposit cap |
| Security deposit | Capped at one month | Interest-bearing account; 45 days |
| Pet deposit | Part of the deposit if it protects the landlord | Same cap and return rules |
| Last month in advance | Counted as a security deposit | Counts toward the cap |
| Application fee | Not addressed in the deposit section | Ask for a receipt |
The table summarizes RP 8-203 as described above, not any particular lease.
Why skipping the last month backfires
A tenant who skips the last month of rent expecting the deposit to cover it is in default, and the landlord may keep the deposit for unpaid rent, a reason the statute names. If you want the deposit applied to the last month, ask for that in writing before you sign, and expect the landlord to count it against the cap.
Keep every receipt
Ask for a written receipt for each payment, with what it is for, and keep it with the lease so you can show later what you paid and when. The deposit receipt itself must state the tenant’s rights, including the inspection rights and the 45-day return.
If you are a small landlord
Check your lease form against four things before the next tenant signs: whether the total of deposit-type payments is within one month’s rent, whether the lease asks for more than the deposit and first month to move in, whether the Tenants’ Bill of Rights is attached and whether the receipt states the tenant’s rights.
Where to get help
The District Court Help Center and legal aid can explain whether a charge is allowed. Bring the lease, every receipt and the landlord’s written request.
Frequently asked questions
Is the first month’s rent part of the deposit in Maryland?
No. It is rent.
Does the last month’s rent count toward the cap?
Yes.
Can a landlord require more than the deposit and first month’s rent to move in?
Not under the Renters’ Rights and Stabilization Act of 2024.
Must a lease include the Tenants’ Bill of Rights?
Yes, the most recent published version.
Is there a cap on application fees in Maryland?
The deposit section does not address them.
Official sources
- Md. Code, Real Property 8-203: security deposits
- Chapter 124 of 2024 (HB 693): Renters’ Rights and Stabilization Act of 2024
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.