Maryland Security Deposit Return: The 45-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Return deadline: 45 days after vacating
Measured from: the end of the tenancy
Penalty for late or wrongful withholding: 3x (only after a court finds bad faith)
Deposit cap: One month's rent by default (Md. Real Prop. § 8-203(b)(1)). Up to two months' rent is allowed only if the tenant has qualified for utility assistance through DHS, the lease requires direct utility payments to the landlord, and the parties agree in writing (§8-203(b)(2)).
Small claims cap: $5,000

Who this covers — and who it does not

This page covers residential security deposits in Maryland, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Commercial leases
Deposits held in an escrow account or with a third party
Disputes about damage charges in an ongoing (not ended) tenancy
Any state other than Maryland

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

45days

Measured from the end of the tenancy.

Within 45 days after the end of the tenancy, the landlord shall return the security deposit together with simple interest, less any damages rightfully withheld.

Md. Real Prop. Code § 8-203(e)(1) ↗

Penalties

A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.

If the landlord, without a reasonable basis, fails to return any part of the security deposit plus accrued interest within 45 days, the tenant has an action for up to threefold of the withheld amount, plus reasonable attorney's fees. The basis is the withheld amount, not the full deposit.
Md. Real Prop. Code § 8-203(e)(4) ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In Maryland it starts the end of the tenancy — for most leases that is the date you hand back the keys, not the date your notice period began.

Find the date you vacated and returned the keys. Write it down; everything else depends on it.
Add 45 calendar days. Count calendar days, not business days.
If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

““I kept the deposit for damages.””

Maryland requires a written list of damages and an itemized statement of costs mailed within 45 days. Without that, you forfeit the right to withhold. Provide the list and itemized statement, or return my deposit with interest.

Md. Real Prop. Code § 8-203(g)

““You never asked to be at the inspection.””

You were required to advise me in writing of my right to be present at the inspection when I paid the deposit. Failing to do so forfeits your right to withhold for damages.

Md. Real Prop. Code § 8-203(f)(1)(vi), (vii)

““The deposit covered ordinary wear and tear.””

Ordinary wear and tear is not chargeable. You may withhold only for unpaid rent, breach-of-lease damage, or damage in excess of ordinary wear and tear.

Md. Real Prop. Code § 8-203(f)(1)(i)

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

Statute	Last verified	Source
Md. Real Prop. Code § 8-203(e)(1)	2026-10-15	official text ↗
Md. Real Prop. Code § 8-203(e)(4)	2026-10-15	official text ↗
Md. Real Prop. Code § 8-203(g)(1), (g)(2)	2026-10-15	official text ↗
Md. Real Prop. Code § 8-203(e)(1), (e)(2), (e)(3)	2026-10-15	official text ↗
Md. Real Prop. Code § 8-203(b)	2026-10-15	official text ↗

Primary reference: Md. Real Prop. Code § 8-203. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

You have received an eviction notice — the timeline is now court-driven
The dispute involves discrimination, unsafe conditions or retaliation
The amount in dispute exceeds $5,000
Your landlord has filed anything in court already

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Maryland guides

Maryland Security Deposit Rules

→ All Maryland tenant rights topics

Common questions

How long does a landlord have to return a security deposit in Maryland?

45 days, counted from the end of the tenancy. Md. Real Prop. Code § 8-203(e)(1).

Can I claim more than my deposit back in Maryland?

A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld. Md. Real Prop. Code § 8-203(e)(4)

Does the 45-day deadline in Maryland start when I give notice or when I move out?

It runs from the end of the tenancy — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in Maryland?

No — Small claims are civil cases in the District Court for money only, where the amount claimed is $5,000 or less (exclusive of interest, costs, and attorney's fees).