Maryland Security Deposit Return Deadline
- Penalty for missing it
- 3x (without a reasonable basis — tenant may sue for up to 3x the amount wrongfully withheld plus reasonable attorney's fees (§8-203(e)(4)))
- The law
- Md. Code, Real Prop. §8-203
The rule
Within 45 days after termination: unused portion + written list of damages with actual costs, sent by first-class mail to the tenant's last known address (§8-203(g)). Missing the 45-day deadline forfeits the landlord's right to withhold any part for damages.
- INTEREST IS MANDATORY: daily Treasury yield-curve rate or 1.5%, whichever greater; accrues monthly; only on deposits of $50+ held 6+ months (§8-203(e))
- Landlord must provide a receipt for the deposit (may be in the lease); deposit kept in a federally-insured in-state institution
- Tenant rights (with 15-day certified-mail notices): request pre-tenancy inspection and be present at the move-out inspection (§8-203.1)
- Deposit cap 2 months' rent — separate 3x penalty for charging over the cap
What happens if your landlord misses the deadline
In Maryland, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Md. Code, Real Prop. §8-203 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Maryland
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing Md. Code, Real Prop. §8-203 and the 3x penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Maryland deposit questions
How long does my Maryland landlord have to return my deposit?
Within 45 days after termination: unused portion + written list of damages with actual costs, sent by first-class mail to the tenant's last known address (§8-203(g)). Missing the 45-day deadline forfeits the landlord's right to withhold any part for damages.
What if my landlord never sends an itemized list of deductions?
In most states — including Maryland — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Md. Code, Real Prop. §8-203 for the exact rule.
Can I get more than my deposit back in Maryland?
Maryland law allows 3x for without a reasonable basis — tenant may sue for up to 3x the amount wrongfully withheld plus reasonable attorney's fees (§8-203(e)(4)). See our penalties guide for how judges apply this.
Source: https://www.montgomerycountymd.gov/DHCA/Tenants/security-deposit.html · Verified 2026-10-09