Relating to Real Estate

An Essential Guide for Landlords and Tenants on the New Tenants’ Bill of Rights Effective July 1, 2025.

Starting July 1, 2025, all new residential leases entered into between a landlord and a tenant anywhere in Maryland must include the newly released Maryland Tenants’ Bill of Rights. The Bill of Rights is designed to ensure that tenants understand and can exercise their core legal protections as a tenant under a lease agreement. For landlords and property managers, this marks a significant regulatory update requiring close attention to lease language, notice practices, and operational procedures.

The Bill of Rights, developed by the Office of Tenant and Landlord Affairs, outlines several major categories of tenant protections, many of which come with corresponding duties and limits for landlords.  While some of the rights and requirements mentioned in the Bill of Rights have long been in place under Maryland law, this is the first time that landlords have been under legal requirement to provide copies of these rights and requirements to tenants as part of the lease agreement. 

Application Fees and Screening

Landlords who rent five or more units cannot charge to any tenant more than $25 in application fees, unless accepting a tenant-provided screening report from the last 30 days. In those cases, no application fee may be charged at all.

Written Lease Requirements

If a landlord rents five or more units, a written lease for each residential unit is required by law. The lease must include:

• Property condition disclosures
• Utility and repair responsibilities
• Security deposit receipt
• Latest version of the Tenants’ Bill of Rights
• Landlord or agent contact information

Certain clauses are prohibited—such as waivers of legal rights or shortened notice periods. Automatic renewal terms must be separately signed or acknowledged.

Notice Periods for Termination

The Bill of Rights sets standardized notice periods for both landlords and tenants.

Landlords must give no less than:

• 60 days' notice for month-to-month or fixed-term leases
• 90 days' notice for year-to-year tenancies

Tenants must give:

• 30 days' notice (most tenancies)
• 90 days' notice for year-to-year

Exceptions for such notice periods may apply for survivors of domestic violence and Baltimore City residents dependent on specific circumstances.

Rent and Increases

• Late fees for the payment of rent may not exceed 5% of the amount of overdue rent;
• Rent increases require at least 90 days' written notice from landlord to tenant (unless otherwise limited further by local law);
• Notice by landlord can be delivered electronically but only if the tenant consents to receiving electronic notices in writing;
• If tenants pay utilities for the leased residence to the landlord, landlord must provide must provide tenant with copies of the bills no less than monthly.

Security Deposits

• Typically capped at one month’s rent due at the time of landlord and tenant signing the lease agreement, though certain tenants may be charged up to two months;
• Deposits must be held in an interest-bearing account, with receipts and deposit disclosures provided;
• Return of deposit (with itemized deductions and interest) is due to tenant within 45 days of the end of the lease term or early termination if allowed under the lease agreement;
• Tenants may accompany landlords on move-out inspections with no less than 15 days’ advance notice.

Maintenance and Habitability

Landlords must ensure that rental units are safe, habitable, and code-compliant before allowing a tenant to move into a rental unit. Throughout the term of the lease agreement, if serious conditions arise that threaten health or safety and aren't addressed by the landlord in a reasonable time, tenants may:

• Seek court remedies (including rent abatement)
• File a rent escrow case
• Potentially withhold rent under certain legal defenses

Eviction Procedures

Landlords cannot self-evict tenants. Formal court procedures are required, including:

• 10-day notice for non-payment of rent before filing
• Right to redeem (pay balance and court costs) unless the tenant has had 3+ judgments in the last 12 months
• Right to legal representation for qualifying tenants

Constructive Eviction

If a landlord's action or inaction renders a property unlivable, tenants may claim constructive eviction—ending the lease and potentially suing for damages.

Right of First Refusal

In 1–3 unit rental properties, tenants who have lived in the unit for at least 6 months must be given a right of first refusal by landlord before the property is sold to a third party (with certain exceptions).

Landlord Conduct and Entry

Landlords are prohibited from retaliating against tenants for complaints, lawsuits, joining a tenants’ association, or contacting emergency services.

Starting October 1, 2025, landlords must:

• Give no less than 24 hours’ written notice before entering a unit (except in emergencies)
• Limit entry to Monday–Saturday, 7am to 7pm (except in emergencies)

Bottom Line

The new Tenants’ Bill of Rights represents a statewide effort to promote safe, stable housing while clarifying landlord obligations and tenant’s rights. Now is the time for landlords to review lease templates, adjust internal processes, and train staff to ensure full compliance before the July 1 effective date.  Additionally, now is the time for tenants to familiarize themselves with this new Bill of Rights to ensure that their rights are protected. 

If you have additional questions on this matter, contact Nicole Lacoste Folks or Saad Malik.

Nicole Folks
410-576-4236 • nfolks@gfrlaw.com

Saad Malik
410-576-4275 • smalik@gfrlaw.com