Maryland Security Deposit Deductions: What Can Be Kept and What the List Must Show
Maryland allows a landlord to withhold a deposit for unpaid rent and damage beyond ordinary wear and tear, but only with an itemized, documented list mailed within 45 days. Here are the rules for estimates, forfeiture and disputes.
What can a Maryland landlord deduct from a deposit?
The security deposit, or any portion of it, may be withheld for unpaid rent, damage due to breach of lease, or damage by the tenant or the tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances and furnishings owned by the landlord (Md. Code, Real Property 8-203(f)(1)). The Maryland security deposit calculator shows the deadline for the list.
Can a lease set a fixed forfeiture?
No. The security deposit is not liquidated damages and may not be forfeited to the landlord for breach of the rental agreement, except in the amount the landlord is actually damaged (8-203(f)(2)). Lost future rent is reduced by any rent the landlord receives for the unit during the rest of the tenant’s term (8-203(f)(3)).
What must the damage list contain?
If any part is withheld, the landlord must mail by first-class mail to the tenant’s last known address, within 45 days after the tenancy ends, a written list of the damages claimed together with an itemized statement of the cost incurred (8-203(g)(1)). The statement must include supporting documentation that identifies the materials or services provided (8-203(j)(1)).
Can the landlord use an estimate?
Yes, an estimate satisfies the documentation requirement, but then the landlord must notify the tenant in writing when the repairs are completed, with a copy of the final invoice, and if the actual cost is less than the estimate it must return the excess within 30 days after completing the repairs (8-203(j)(2), (k)).
What happens if the list is late?
The landlord forfeits the right to withhold any part of the deposit for damages (8-203(g)(2)). It must then return the deposit with interest. A landlord that keeps money without a reasonable basis can owe up to three times the withheld amount plus reasonable attorney’s fees (8-203(e)(4)).
How can a tenant dispute a deduction?
Compare each item with your move-in and move-out photographs and the lease, ask for the invoices in writing, and write to the landlord saying which items you dispute and why. If the landlord does not return the amount, ask the Court Help Center or a licensed Maryland attorney about a claim in the District Court.
A worked example
A tenant leaves a unit with a $1,500 deposit and $400 of unpaid rent. The landlord also lists $350 to replace a carpet burned by the tenant, with an invoice that names the material and the labor, and mails the list with a refund of $750 plus interest to the last known address on day 40. The rent, the burn damage and the documented cost are all things the statute lets a landlord withhold, so the landlord has complied. A $200 charge for repainting walls that merely faded would be ordinary wear and tear and not allowed.
A checklist for landlords
Photograph the unit at move-in and move-out; keep invoices and receipts; list each item; attach documentation that identifies the materials or services; send the list by first-class mail within 45 days; and, if you used an estimate, send the final invoice and return any excess within 30 days after the repairs.
A checklist for tenants
Compare each charge with your photographs and the lease; ask for the invoices; tell the landlord in writing which items you dispute and why; and keep a copy of the list and the envelope.
Where to get help
The District Court Help Center and legal aid can explain how a dispute is brought. Bring the lease, the list and your photographs.
Frequently asked questions
What can a Maryland landlord keep a deposit for?
Unpaid rent, damage due to breach of lease and damage beyond ordinary wear and tear.
Can a landlord keep a deposit for ordinary wear and tear?
No.
What must the damage list include?
The damages claimed and an itemized statement of costs with supporting documentation.
Can a landlord use an estimate?
Yes, but it must send the final invoice and return any excess within 30 days after the repairs.
What if the landlord sends the list late?
It forfeits the right to withhold for damages.
Official sources
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.