马里兰州的押金:法律怎么规定的
房东扣了我的押金
法条怎么规定的
- 退还/列明扣项的法定期限
- 45 天
45 calendar days, counted from the LATER of the date the tenancy ended and the date you actually returned possession and the keys. If you held over, the clock has not started.
- 法定赔偿倍数
- 3×
- 是否必须提供扣项清单
- 是
- 小额诉讼上限
- $5,000
- 法条编号
- Md. Code Ann., Real Prop. § 8-203
- Deposit cap
- 1 month's rent per dwelling unit regardless of the number of tenants (§ 8-203(b)(1)), for deposits paid on or after Oct. 1, 2024 (2024 Md. Laws ch. 124 / H.B. 693; previously 2 months, which the AG and DHCD summaries say still applies to leases signed before that date).
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Up to 2 months' rent only if the tenant qualified for utility assistance through the Department of Human Services, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing (§ 8-203(b)(2)). Overcharge remedy: up to three times the extra amount plus reasonable attorney's fees (§ 8-203(b)(3)). A tenant may instead buy a surety bond, capped at 2 months' rent alone or combined with a deposit (§ 8-203(i)).
- Local stacking
- State § 8-203 applies statewide; three counties add their own forums/rules on top. (1) Montgomery County: County Code ch.
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29 (Landlord-Tenant Relations); the Office of Landlord-Tenant Affairs (240-777-0311) investigates and conciliates deposit complaints and the Commission on Landlord-Tenant Affairs (§ 29-9) can order return of the deposit with a penalty of up to three times the amount plus damages (county pages; deposits themselves are governed by state § 8-203/8-203.1). (2) Prince George's County: County Code Subtitle 13, Div. 3, Subdiv. 2 (Landlord-Tenant Code), § 13-159 has its own deposit rules (45-day return with interest, 45-day damage statement by first-class mail, threefold recovery plus attorney's fees, 2-year limitation, escrow, receipt) and § 13-162.02 requires a move-in damage report on the tenant's written request within 15 days with a 3x-deposit liability for non-compliance; its cap still reads 'two months' rent or $50, whichever is greater', but the state 1-month cap now controls; verified only on an unofficial mirror and People's Law. (3) Howard County: County Code Title 17, Subtitle 10 (Landlord-Tenant Relations Act); the Office of Consumer Protection administers county law on security deposits, mediates and can enforce. Baltimore City: no city-specific deposit statute found (2021 'Security Deposit Alternatives' bill 21-0022 was vetoed and the veto sustained; the later 2021 measure created a grant program, not a landlord duty).
- Penalty detail
- Up to threefold ('up to' = court discretion) of the amount withheld, plus reasonable attorney's fees, if the landlord 'without a reasonable basis' fails to return any part of the deposit plus accrued interest within 45 days (§ 8-203(e)(4)); the tenant need not prove bad faith, but the landlord escapes the multiplier by showing a reasonable basis for withholding.
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Separately: failure to mail the itemized list within 45 days forfeits the right to withhold anything for damages (§ 8-203(g)(2)); failure to honor the tenant's inspection rights likewise forfeits withholding for damages (§ 8-203(f)(1)(vii)). Overcharging the deposit: up to three times the excess plus attorney's fees (§ 8-203(b)(3)). No written receipt: $25 (§ 8-203.1(c)). Special limitations clause: an action under § 8-203 may be brought during the tenancy or within 2 years after termination (§ 8-203(b)(4)), versus the general 3 years in Cts. & Jud. Proc. § 5-101.
- County overlays
- Prince George's County: Code § 13-159 ($50 receipt penalty) and § 13-162.02 (threefold damages) remain in force, but the county's old two-month deposit cap was overridden by state law - deposits paid on or after October 1, 2024 are capped at one month's rent (2024 Md. Laws, HB 693).
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Montgomery County: the Commission on Landlord-Tenant Affairs can order a refund and up to threefold damages administratively under County Code § 29-9, in parallel with a court case. Baltimore City: no separate deposit-return ordinance; the 2021 measure was a deposit-alternative and grant program, so return and penalties run entirely on state § 8-203.
- Penalty statute
- Md. Code Ann., Real Prop. § 8-203(e)(4) (also (h)(3)(ii) for evicted/abandoning tenants; (b)(3) for overcharges)
- Deadline statute
- Md. Code Ann., Real Prop. § 8-203(e)(1) (return) and § 8-203(g)(1) (written list)
- Interest or escrow
- Both required. Escrow: within 30 days of receipt the deposit must be placed in a federally insured financial institution doing business in Maryland, in an in-state branch account devoted exclusively to security deposits and bearing interest (§ 8-203(d)(1)); insured CDs or federal/Maryland securities may substitute (§ 8-203(d)(2)); deposits are not attachable by creditors and a transferee/successor is liable (§ 8-203(d)(3)–(4)).
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Interest: simple interest at the greater of the daily U.S. Treasury 1-year yield curve rate as of the first business day of each year or 1.5% per year; accrues at monthly intervals, not compounded; none unless held at least 6 months; none for a partial month; only on deposits of $50 or more (§ 8-203(e)(1)–(3)). DHCD must post the rates or a calculator and landlords may rely on it (§ 8-203(m)–(n)): https://dhcd.maryland.gov/Pages/RSDCalculator/Default.aspx
- Limitations detail
- The two-year period in § 8-203(b)(4) ('An action under this section') covers all of § 8-203, including the threefold-damages claim under (e)(4). It displaces the general three-year civil limitation in Cts. & Jud. Proc. § 5-101.
- Small claims statute
- Md. Code Ann., Cts. & Jud. Proc. § 4-405 (small claim action: amount claimed does not exceed $5,000 exclusive of interest, costs and attorney's fees; District Court). District Court exclusive jurisdiction extends to $30,000 in contract/tort and to landlord-tenant actions regardless of amount (§ 4-401(1), (4)).
- Itemized list statute
- Md. Code Ann., Real Prop. § 8-203(g)(1)–(2), (j)–(k); receipt disclosure of the right in § 8-203.1(a)(5)
- Limitations period years
- 2
看完上面的数字,请务必读这一段
Maryland's residential security deposit statute is Real Property § 8-203, with the receipt rules in § 8-203.1. Two clocks run from the end of the tenancy: within 45 days the landlord must (a) return the deposit plus accrued simple interest, less damages rightfully withheld (§ 8-203(e)(1)), and (b) if anything is withheld, mail by first-class mail to the tenant's last known address a written list of the damages with an itemized statement of costs and supporting documentation that identifies the materials or services (§ 8-203(g)(1), (j)). The statute counts plain days and does not make the tenant's forwarding address a precondition, but because the list goes to the 'last known address' a tenant who never gave a new address risks the letter reaching the old unit. A landlord may itemize with an estimate, but must then send the final invoice and refund any excess within 30 days of finishing repairs (§ 8-203(k)). The 45-day rules do not apply to a tenant who was evicted for breach or abandoned the premises before the tenancy ended; that tenant must first demand the deposit by first-class mail within 45 days, giving a new address, after which the landlord has 45 days from receipt (§ 8-203(h)).
Remedies stack. Missing the 45-day itemization forfeits the right to withhold anything for damages (§ 8-203(g)(2)); ignoring the tenant's right to attend the move-out inspection (certified-mail notice mailed at least 15 days before moving, inspection within 5 days either side of the move date) has the same effect (§ 8-203(f)(1)(ii)-(vii)). If the landlord 'without a reasonable basis' fails to return any part of the deposit plus interest within 45 days, the tenant may sue for up to three times the amount withheld plus reasonable attorney's fees (§ 8-203(e)(4)); the multiplier is discretionary ('up to'), and the landlord's defense is a reasonable basis for withholding, not merely good faith. Interest is statutory rather than the bank's actual yield: the greater of the 1-year Treasury rate on the first business day of the year or 1.5%, simple, accruing monthly, only if the deposit was held at least six months and is $50 or more; DHCD's online calculator is the statutory safe harbor (§ 8-203(e), (m)-(n)). Deposits paid on or after October 1, 2024 are capped at one month's rent (two months only in the utility-assistance case), with up to three times any excess recoverable (§ 8-203(b)); a missing written receipt costs the landlord $25 (§ 8-203.1(c)); nothing in the section can be waived by lease (§ 8-203(l)). Note the section's own limitations clause: 'an action under this section' must be brought during the tenancy or within two years after it ends (§ 8-203(b)(4)), shorter than Maryland's general three years.
Venue is the District Court of Maryland: claims of $5,000 or less (exclusive of interest, costs and attorney's fees) proceed as small claims (Cts. & Jud. Proc. § 4-405), and the District Court has exclusive jurisdiction of contract claims up to $30,000 and of landlord-tenant actions regardless of amount (§ 4-401). No state agency adjudicates deposit disputes: DHCD's Office of Tenant and Landlord Affairs (created 2024) educates and refers, and the Attorney General's Consumer Protection Division offers voluntary mediation. Three counties layer their own forums on top of state law: Montgomery County's Office and Commission on Landlord-Tenant Affairs can order return of the deposit with a penalty of up to three times; Howard County's Office of Consumer Protection administers the county Landlord-Tenant Relations Act (Title 17, Subtitle 10); and Prince George's County has its own security-deposit code (§ 13-159 et seq.) mirroring the 45-day/threefold structure. Baltimore City has no separate deposit statute (its 2021 deposit-alternatives bill was vetoed).
You have two years to sue, not three. The two-year clause in § 8-203(b)(4) applies to the whole section, including a claim for threefold damages, so treat two years as the outside limit.
The 45 days run from the later of the lease ending and the day you actually handed back possession. Holding over past the lease end pushes the start date, it does not shorten the landlord's window.
If you are in Prince George's or Montgomery County there is an extra layer: county rules add their own penalties and, in Montgomery, an administrative route that runs alongside court. The one thing the counties can no longer do is allow a bigger deposit - state law caps it at one month's rent for anything paid on or after October 1, 2024.
自己去读原文
官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。
- Md. Code Ann., Real Prop. § 8-203(e)(1) — 45-day return deadline (deposit plus accrued simple interest, less damages rightfully withheld)
- Md. Code Ann., Real Prop. § 8-203(e)(4) — Penalty: up to threefold of the amount withheld plus reasonable attorney's fees when the landlord withholds without a reasonable basis
- Md. Code Ann., Real Prop. § 8-203(g)(1) — Itemized list: written list of damages with itemized statement of cost, first-class mail to last known address, within 45 days
- Md. Code Ann., Real Prop. § 8-203(g)(2) — Forfeiture: no timely itemized list means the landlord loses the right to withhold anything for damages
- Md. Code Ann., Real Prop. § 8-203(b)(1)–(3) — Deposit cap: 1 month's rent (2 months only in the utility-assistance case); overcharge remedy up to three times the excess plus attorney's fees
- Md. Code Ann., Real Prop. § 8-203(b)(4) — Limitations clause for actions under § 8-203: during the tenancy or within 2 years after termination
- Md. Code Ann., Real Prop. § 8-203(d)(1) — Escrow: dedicated interest-bearing account at a federally insured institution in Maryland, deposited within 30 days of receipt
- Md. Code Ann., Real Prop. § 8-203(e)(2)–(3) — Interest mechanics: monthly accrual, not compounded, none unless held at least 6 months, only on deposits of $50 or more
- Md. Code Ann., Real Prop. § 8-203(f)(1)(ii)–(vii) — Tenant may attend the move-out inspection after certified-mail notice mailed at least 15 days before moving; landlord non-compliance forfeits withholding for damages
- Md. Code Ann., Real Prop. § 8-203(h) — Evicted or abandoning tenants: 45-day rules replaced by a first-class-mail demand within 45 days; landlord then has 45 days from receipt
- Md. Code Ann., Real Prop. § 8-203(j)–(k) — Itemized statement must include supporting documentation; an estimate is allowed only if the final invoice follows and any excess is refunded within 30 days after repairs
- Md. Code Ann., Real Prop. § 8-203(l) — Anti-waiver clause
- Md. Code Ann., Real Prop. § 8-203.1 — Receipt must disclose the 45-day list/return rights and the up-to-3x penalty; $25 liability if no written receipt
- Md. Code Ann., Cts. & Jud. Proc. § 4-405 — Small claim action (District Court): amount claimed does not exceed $5,000 exclusive of interest, costs and attorney's fees
- Md. Code Ann., Cts. & Jud. Proc. § 4-401(1), (4) — District Court exclusive civil jurisdiction: contract/tort claims up to $30,000; landlord-tenant actions regardless of amount
- Md. Code Ann., Cts. & Jud. Proc. § 5-101 — General 3-year civil limitations period (displaced where § 8-203(b)(4)'s 2-year clause applies)
- 2024 Md. Laws ch. 124 (H.B. 693), Renters’ Rights and Stabilization Act of 2024 — Session law that cut the deposit cap from 2 months to 1 month's rent and created the Office of Tenant and Landlord Affairs; effective Oct. 1, 2024
- Md. Dept. of Housing and Community Development, Office of Tenant and Landlord Affairs — State office created by the 2024 Act: education and referral, not adjudication; [email protected], 301-429-7400 / 1-800-756-0119
- Md. Attorney General, Consumer Protection Division – Landlord/Tenant Disputes — AG Mediation Unit takes landlord/tenant complaints (410-528-8662 / 888-743-0023; portal.oag.state.md.us/cpdportal); page restates 45 days, itemized list, 3x liability
- Maryland Tenants’ Bill of Rights (DHCD, effective Oct. 1, 2025), § 5 Security Deposits — Official plain-language summary landlords must attach to leases; byte-identical to the 'current' link dhcd.maryland.gov/media/490 on 2026-09-03
- Md. DHCD Rental Security Deposit Calculator (Real Prop. § 8-203(m)–(n)) — Official interest calculator that landlords are entitled to rely on by statute
- Montgomery County DHCA, Office of Landlord-Tenant Affairs – Security Deposits — County forum: deposit complaints may be filed with OLTA (240-777-0311) instead of going to District Court
- Montgomery County Code ch. 29, § 29-9 (Commission on Landlord-Tenant Affairs) — Quasi-judicial county body that can order return of the deposit with a penalty of up to three times the amount, plus damages
- Howard County Code, Title 17, Subtitle 10 (Landlord-Tenant Relations Act) – Office of Consumer Protection — County office administers county law on security deposits; mediation and, if necessary, enforcement
- Prince George’s County Code § 13-159 (Subtitle 13, Div. 3, Subdiv. 2) — UNOFFICIAL MIRROR — County deposit code: 45-day return with interest, 45-day damage statement, threefold recovery, 2-year limitation; text still says 'two months' rent or $50' (state 1-month cap now controls); official Municode copy returned 403 to the fetcher
最近核实: 2026-09-04
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