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    Maryland Late Fee Law

    Maryland limits residential late fees by statute. 5% of the unpaid rent due for the rental period; weekly leases: $3 per week, max $12 per month. State law sets no grace period, so any grace period comes from the lease.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Maryland late fee law at a glance

    Late-fee cap5% of the unpaid rent due for the rental period; weekly leases: $3 per week, max $12 per monthMd. Code, Real Prop. § 8-208(d)(3)
    Grace periodNo state grace periodMd. Code, Real Prop. § 8-208 (no grace period)
    Notice before filing for unpaid rent10 days (Notice of intent to file a claim for failure to pay rent (Maryland Judiciary form))Md. Code, Real Prop. § 8-401(c)

    What Maryland law says

    Is there a limit on late fees in Maryland?

    A lease may not impose a late fee greater than 5% of the unpaid rent for that period, or for weekly rentals more than $3 a week and $12 a month (Md. Code, Real Prop. § 8-208(d)(3)).

    Does Maryland require a grace period before a late fee?

    Maryland state law sets no grace period before a late fee may be charged, though Montgomery County requires rent to be more than 10 days late (Md. Code, Real Prop. § 8-208) (Md. Code, Real Prop. § 8-208 (no grace period)).

    How much notice must a Maryland landlord give for unpaid rent?

    Before filing a failure-to-pay-rent case, give the tenant written notice on the Maryland Judiciary's form of intent to file unless the tenant pays within 10 days, by first-class mail with certificate of mailing, posting on the door, or (if the tenant elected) electronic delivery (Md. Code, Real Prop. § 8-401(c)).

    How Maryland compares

    20 of 51 verified jurisdictions cap late fees by statute. 14 require a grace period.

    Virginia follows the same rule as Maryland; 4 of its 5 neighbors differ.

    Late-fee cap · grace periodStates
    Statutory formula · noneMaryland, Virginia
    5% of rent · 5 daysDelaware
    No state cap · nonePennsylvania, West Virginia
    Statutory formula · 5 daysDistrict of Columbia

    Local rules in Maryland

    Montgomery County bars late fees until rent is more than 10 days late (County Code § 29-27, per Montgomery County DHCA guidance). Other counties and Baltimore City may add local tenant protections; Real Prop. § 8-208(f) preserves stronger local laws.

    Other Maryland rules

    Security deposit limit1 month's rent (with exceptions)Md. Code, Real Prop. § 8-203(b), 2024 Md. Laws ch. 124 (HB 693), Renters' Rights and Stabilization Act of 2024
    Deposit return deadline45 days after the lease endsMd. Code, Real Prop. § 8-203(e)(1)
    Entry notice24 hours' noticeMd. Code, Real Prop. § 8-221, 2025 Md. Laws ch. 564 (HB 1076), enacted as § 8-220 and codified as § 8-221
    Rent-increase notice90 days (Written notice by first-class mail with certificate of mailing (or electronic delivery if the tenant elected it): 90 days for tenancies with a term over 1 month (e.g., a 1-year lease); 60 days for terms over 1 week up to 1 month (month-to-month); 7 days for weekly tenancies with a written lease, 21 days without one)Md. Code, Real Prop. § 8-209, 2023 Md. Laws ch. 146 (HB 151)
    Month-to-month terminationLandlord 60 days · tenant 30 daysMd. Code, Real Prop. § 8-402(c)

    Read the Maryland law

    Put the late fee and grace period in writing

    Create a Maryland lease

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