The Maryland Move-Out Inspection, the New Address and the Triple-Damages Penalty
A Maryland tenant who gives certified-mail notice 15 days before moving can be present at the damage inspection, and a landlord that skips it loses the right to deduct for damages. Here are the notice, the forwarding address and the up-to-triple penalty.
What is the Maryland move-out inspection right?
A tenant has the right to be present when the landlord inspects the premises for damage if the tenant notifies the landlord by certified mail of the intention to move, the date of moving and the new address, mailed at least 15 days before the date of moving. The landlord must then tell the tenant by certified mail the time and date of the inspection, which must fall within five days before or five days after the moving date in the notice (Md. Code, Real Property 8-203(f)(1)). A landlord that does not comply forfeits the right to withhold any part of the deposit for damages. The Maryland security deposit calculator shows the dates.
Can a tenant ask for a move-in inspection?
Yes. The deposit receipt must tell the tenant of the right to have the unit inspected by the landlord in the tenant’s presence, to make a written list of damages that exist at the start of the tenancy, if the tenant asks by certified mail within 15 days of occupancy (8-203.1(a)(1)). Ask in writing, keep the certified-mail receipt and photograph the unit.
Why give a forwarding address?
The landlord must mail the damage list and the refund to the tenant’s last known address within 45 days, and a tenant who was evicted or left early must demand the deposit and state the new address within 45 days (8-203(g), (h)). Put the new address in the certified-mail notice and in any later demand.
What is the penalty for wrongful withholding?
If the landlord, without a reasonable basis, fails to return any part of the deposit plus accrued interest within 45 days, the tenant has an action for up to threefold the withheld amount, plus reasonable attorney’s fees (8-203(e)(4)). On $900 wrongly kept, up to $2,700 plus fees. A landlord that charged more than the cap is separately liable for up to three times the extra amount (8-203(b)(3)).
What if the building is sold?
The landlord or its estate remains liable to the tenant and the new owner for maintaining the deposit and for returning it with interest to the extent it did not transfer it with an accounting, and a successor in interest is liable to the tenant for failing to return it with interest (8-203(d)(3), (4)). A deposit cannot be attached by the landlord’s creditors.
Where do I sue, and how soon?
In the District Court, during the tenancy or within 2 years after it ends (8-203(b)(4)). Bring the lease, the receipt, your certified-mail notices with the receipts, the damage list and its envelope, the photographs and a short timeline. The Court Help Center can explain the forms.
A worked example of the penalty
A landlord keeps $1,200 of a $1,500 deposit with no list and no reasonable basis. The tenant sues within the 2 years and wins. The tenant may recover up to three times the $1,200 withheld, which is $3,600, plus reasonable attorney’s fees. If instead the landlord had a reasonable basis for part of the amount, the court would look only at the part it kept without one.
A checklist for moving out
Mail the certified-mail notice at least 15 days before the move date; keep the green card; clean and photograph the unit; attend the inspection the landlord schedules; ask for a copy of any damage list made at the inspection; and give a forwarding address in writing.
What to bring to court
Bring the lease, the receipt, your certified-mail notices with the receipts, any damage list and its envelope, the photographs and a short timeline with the date the tenancy ended and the date you gave your address.
Where to get help
The District Court Help Center and legal aid can explain the forms, the filing fee and the hearing. Bring every notice and the dates.
Frequently asked questions
How do I ask for a move-out inspection in Maryland?
By certified mail at least 15 days before moving, with the move date and the new address.
When must the landlord inspect?
Within five days before or after the moving date.
What if the landlord skips the inspection?
It forfeits the right to withhold for damages.
What is the penalty for wrongful withholding?
Up to three times the withheld amount, plus attorney’s fees.
Can I ask for a move-in inspection?
Yes, by certified mail within 15 days of occupancy.
Official sources
- Md. Code, Real Property 8-203: security deposits
- Md. Code, Real Property 8-203.1: security deposit receipt
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.