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Maryland landlord-tenant law
Checked against the Maryland statutes on October 1, 2026 Statutes current through: Current code text as shown on mgaleg.maryland.gov, read 2026-10-01 General information, not legal advice
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Maryland in brief
Maryland caps a security deposit at one month's rent and requires you to return it with interest within 45 days after the tenancy ends, with an itemized list by first-class mail for any deductions. A late fee may not exceed 5 percent of the unpaid rent for the period, and state law sets no grace period. Before filing for unpaid rent, you must give a 10-day notice of intent to file on the Judiciary's form. You need 24 hours' written notice to enter, and 90 days' written notice to raise rent on a tenancy with a term over one month (60 days for month-to-month). Every lease must include a deposit receipt and a copy of the current Maryland Tenants' Bill of Rights, and some counties and cities add their own rules.
Key numbers
- Security deposit limit
- 1 month's rent
- per unit; up to 2 months in one utility assistance case
- Md. Code, Real Prop. § 8-203(b)
- Deposit return deadline
- 45 days
- after the tenancy ends, with interest
- Md. Code, Real Prop. § 8-203(e)(1)
- Deposit interest
- 1.5% or more
- the one-year Treasury rate if higher; deposits of $50 or more held 6 months
- Md. Code, Real Prop. § 8-203(e)
- Late fee limit
- 5% of unpaid rent
- for the period; weekly rent $3 a week, $12 a month
- Md. Code, Real Prop. § 8-208(d)(3)
- Late fee grace period
- No state grace period
- the lease sets when rent is late
- Md. Code, Real Prop. § 8-208(d)(3)
- Unpaid rent notice
- 10 days
- notice of intent to file on the Judiciary form
- Md. Code, Real Prop. § 8-401(c)
- Lease violation notice
- 30 days
- 14 days for a clear and imminent danger of serious harm
- Md. Code, Real Prop. § 8-402.1(a)(1)
- Ending month-to-month
- 60 days
- landlord's written notice; 90 days for year to year
- Md. Code, Real Prop. § 8-402(c)(2), (c)(3)
- Rent increase notice
- 90 days (60 month-to-month)
- 90 days for terms over one month, 60 for over a week up to a month
- Md. Code, Real Prop. § 8-209(b)(3)
- Entry notice
- 24 hours
- written, 7 a.m. to 7 p.m. Monday to Saturday
- Md. Code, Real Prop. § 8-221(b), (c)
Before you sign
Application and screening fees
Maryland does not set a maximum application fee. If you charge fees other than a security deposit that total more than $25, you may keep only what you actually spent on a credit check or other application expenses and must return the rest within 15 days after the tenant moves in or after either side says in writing that no tenancy will happen; otherwise you can owe twice the fees. Since October 1, 2026, a landlord that owns or manages five or more Maryland rental units must also follow the state's limits on criminal history screening, and every landlord must put the pet policy in the rental application.
Md. Code, Real Prop. § 8-213 Md. Code, Real Prop. § 8-2A-05 Md. Code, Real Prop. § 8-210(c)
More detail (13)
- This refund rule does not apply to a landlord who offers four or fewer units on one parcel or at one location, or to seasonal or condominium rentals. Md. Code, Real Prop. § 8-213(c)
- The application must state the applicant's liability for these fees and the refund rules. Md. Code, Real Prop. § 8-213(a)
- You must tell applicants whether you accept reusable tenant screening reports. If you accept them and an applicant gives you one, you may not charge an application fee or a fee to access the report. Md. Code, Real Prop. § 8-218(c), (d)
- Maryland's fair housing law lists source of income among the protected classes. Md. Code, State Gov't § 20-705 See Fair housing
- The criminal history screening rules apply to a landlord that owns or manages five or more residential rental units in Maryland, counting units held through other entities, and do not apply to owner-occupied units. Md. Code, Real Prop. § 8-2A-02
- Before accepting an application fee, you must tell the applicant in writing how a criminal history check is used, that listed convictions are considered only after a conditional offer, and that the applicant may show inaccuracies, rehabilitation or other mitigating factors. You may not require a drug or alcohol test. Md. Code, Real Prop. § 8-2A-04
- Before a conditional offer, you may not ask about criminal history in the application or otherwise, except about the specific convictions and sex offender registration the statute lists. Md. Code, Real Prop. § 8-2A-05(a)
- After a conditional offer, you may withdraw it based on a criminal history check only for a felony conviction in any state or federal court within the 5 years before the application or an undisclosed listed conviction, only when necessary to fulfill a substantial, legitimate and nondiscriminatory interest, and with written notice giving the specific reason and the right to ask for a reassessment. Md. Code, Real Prop. § 8-2A-06(a)-(c)
- Each violation of the criminal history screening rules carries a civil penalty of up to $500. Md. Code, Real Prop. § 8-2A-10
- Every rental application form must include a written copy or summary of the property's pet policy, linked on the property's website if there is one, stating any breed and weight limits, pet fees and deposits, limits on the number of pets and any other pet rules. Md. Code, Real Prop. § 8-210(c)
- A reusable report under Maryland law is prepared by a consumer reporting agency within the previous 30 days at the applicant's request and expense, then made directly available to the landlord without charge. Required contents include credit, employment and income verification, address and rental history, plus seven-year criminal and eviction checks for prior-residence jurisdictions. That describes this report; it does not create a universal seven-year permission to use records. Apply the separate screening restrictions described above. Md. Code, Real Prop. 8-218(a), (b)
- If you accept a reusable report, you may request certification that the applicant's name, address, bankruptcy status, criminal history and eviction history have not materially changed since it was generated. Before the lease is signed, the statute also permits rejection if the applicant materially altered the reusable report. Distinguish a change in circumstances from alteration of the report itself. Md. Code, Real Prop. 8-218(e), (f)
- Review a consumer report for a matching identity, duplicate entries and the actual outcome of any case you may lawfully consider; a filing alone does not show the result. If the report contributes to a denial or less favorable rent, deposit or cosigner terms, give the required federal adverse-action notice with the reporting company’s name, address and phone number, a statement that it did not make the decision and cannot explain your reasons, and the rights to dispute inaccurate or incomplete information and request a free report from that company within sixty days of the notice. Keep that notice separate from Maryland’s conditional-offer withdrawal and reassessment requirements, and preserve the reasons and delivery records. FTC: landlord consumer-report guidance FTC: tenant background checks and rights
Fair housing
Maryland law bars housing discrimination because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, gender identity, national origin, source of income or military status. Since October 1, 2026, the law also bars practices that have a discriminatory effect on a protected class, regardless of intent, unless the practice had no discriminatory intent, was necessary to a substantial, legitimate and nondiscriminatory interest, and that interest could not be met by less discriminatory means.
Md. Code, State Gov't § 20-705
More detail (2)
- Some exemptions apply, such as certain owner-occupied buildings and single-family homes rented without a broker or advertising, and they differ by protected class. Md. Code, State Gov't § 20-704
- If you use financial information in screening, you may not refuse a tenant who pays with a housing voucher or other income-based subsidy because of income, a credit score or lack of one, or confirmed adverse credit history from a period without the subsidy, though you may check income against the tenant's share of the rent. Md. Code, State Gov't § 20-705.1
Required disclosures and lease contents
Every Maryland residential lease must include a statement about the condition of the premises, each side's duties for heat, gas, electricity, water and repairs, a receipt for the security deposit, and a copy of the most current Maryland Tenants' Bill of Rights from the Department of Housing and Community Development. Since October 1, 2026, a landlord that owns six or more Maryland rental units must also include in the written lease an option to have the tenant's on-time rent payments reported to a consumer reporting agency.
Md. Code, Real Prop. § 8-208(c) Md. Code, Real Prop. § 8-208.4(b), (c)
More detail (8)
- A landlord who offers five or more units must use a written lease, and any landlord who rents with a written lease must give a prospective applicant who asks in writing a complete copy of the proposed lease form, without requiring a signature or a deposit. Md. Code, Real Prop. § 8-208(a), (b)
- An automatic renewal clause for more than one month is unenforceable unless it is set apart from the rest of the lease and initialed by the tenant. Md. Code, Real Prop. § 8-208(e)
- At signing, give each tenant the state mold pamphlet and ask for a signed acknowledgment. Md. Code, Real Prop. § 8-220(b) See Mold
- For homes covered by the lead law, give the Department of the Environment's Notice of Tenant's Rights with the current inspection certificate when the lease is signed. Md. Code, Env. § 6-820 See Lead paint
- If you bill tenants for utilities, the lease must give the notices the utility billing sections require. Since October 1, 2026, if tenants pay a third party for submetered water or sewer, the written lease must say so, you must give a copy of each bill at least 20 days before it is due, and before the lease starts you must tell the applicant in writing the unit's (or a comparable unit's) water and sewer costs for the prior 2 years. Md. Code, Real Prop. § 8-205.1 Md. Code, Real Prop. § 8-205.2 Md. Code, Real Prop. § 8-212.4 Md. Code, Real Prop. § 8-205.3
- List your name, address and phone number, or your agent's for notices, in the lease or on a posted sign. Md. Code, Real Prop. § 8-210(a) See Landlord identity
- The rent reporting offer must use the state's form, be made at signing and at least once a year (by January 1, 2027 for leases signed earlier), and you may charge a tenant who opts in no more than the lesser of your actual cost or $10 a month. Md. Code, Real Prop. § 8-208.4(d), (e), (h)
- A Maryland lease also may not include a confession of judgment, a jury trial waiver, a notice to quit shorter than the law requires, or a term making the tenant pay the District Court filing surcharge assessed against you. A tenant offered or threatened with such a term can recover actual damages and attorney's fees. Md. Code, Real Prop. § 8-208(d)(1), (4), (5), (13), (g)
Flood disclosure
Partly readMaryland's landlord and tenant law has no flood disclosure for residential leases. Other parts of the Code were not searched for one.
Md. Code, Real Prop. § 8-208
More detail (1)
- The lease contents rule lists what a Maryland lease must include, and flood risk is not among them. Md. Code, Real Prop. § 8-208(c)
Landlord identity
You must put in the lease, or post in a conspicuous place on the property, the name, address and phone number of the landlord or of the person authorized to accept notices and court papers for you.
Md. Code, Real Prop. § 8-210(a)(1)
More detail (1)
- If you do not, a tenant's notices and court papers are properly served if sent to the person you pay rent to or the address where rent is paid, among other routes the section allows. Md. Code, Real Prop. § 8-210(a)(2)
The Rentari Maryland lease opens with your legal name and address, and your phone number when you provide one.
Deposits, rent and fees
Security deposit limit
A Maryland landlord may not charge a security deposit of more than one month's rent per dwelling unit, no matter how many tenants live there. A security deposit is any payment meant to protect the landlord against nonpayment of rent or damage, and it includes last month's rent paid in advance.
Md. Code, Real Prop. § 8-203(a), (b)
More detail (4)
- You may charge up to two months' rent if the tenant has qualified for utility assistance through the Department of Human Services, the lease has the tenant pay for utility service directly to you, and you both agree in writing to the deposit amount. Md. Code, Real Prop. § 8-203(b)(2)
- A tenant charged more than the limit may recover up to three times the extra amount, plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(3)
- A lease may not require the tenant to pay more than the security deposit and the first month's rent to start the lease and move in. Md. Code, Real Prop. § 8-208(d)(11)
- You may not require a tenant to buy a surety bond in place of a deposit, and you do not have to accept one; the section sets separate rules when a tenant buys a bond instead of paying all or part of the deposit. Md. Code, Real Prop. § 8-203(i)
The Rentari Maryland lease states the deposit and says all security, including any pet deposit and last month's rent paid in advance, may not exceed one month's rent.
Returning the deposit
Within 45 days after the tenancy ends, you must return the deposit with the interest it has earned, less any damages rightfully withheld. If you keep any part for damages, you must send the tenant, by first-class mail to the last known address within the same 45 days, a written list of the damages with an itemized statement of the costs.
Md. Code, Real Prop. § 8-203(e)(1), (g)
More detail (6)
- If you do not send the itemized list on time, you lose the right to withhold any part of the deposit for damages. Md. Code, Real Prop. § 8-203(g)(2)
- The itemized statement must include documentation of the materials or services. You may use an estimate, but then you must tell the tenant in writing when the repairs are done, include the final invoice, and refund any amount withheld above the actual cost within 30 days after completing the repairs. Md. Code, Real Prop. § 8-203(j), (k)
- A landlord who fails to return the deposit without a reasonable basis can owe up to three times the amount withheld, plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(e)(4)
- Section 8-203(h) addresses eviction or ejectment for a lease breach, or abandonment, before the tenancy ends. The tenant may demand return by first-class mail within 45 days and provide a new address. Within 45 days of receiving that notice, send the required itemization and return the balance with interest, subject to lawful withholding. Md. Code, Real Prop. § 8-203(h)
- A lease term that waives these deposit rules is void. Md. Code, Real Prop. § 8-203(l)
- Withholding may cover unpaid rent, actual breach losses or tenant-related damage beyond ordinary wear. A deposit is not an automatic breach charge, and replacement rent reduces claimed future-rent losses. Compare dated condition records, photos and repair evidence before charging for painting, cleaning or replacement. Md. Code, Real Prop. § 8-203(f)
The Rentari Maryland lease promises the deposit back with interest within 45 days after the tenancy ends, less damages rightfully withheld, and repeats the threefold penalty.
Deposit account and interest
Within 30 days of receiving it, you must put the deposit in an interest-bearing account used only for security deposits at a Maryland branch of a federally insured financial institution, or hold it in insured certificates of deposit or certain government securities. The deposit earns simple interest at the one-year U.S. Treasury yield curve rate as of the first business day of the year, or 1.5 percent a year, whichever is greater.
Md. Code, Real Prop. § 8-203(d), (e)
More detail (4)
- Interest accrues at monthly intervals, is not owed for a partial month, is not owed unless you held the deposit for at least six months, and applies only to deposits of $50 or more. It is paid with the deposit at the end of the tenancy. Md. Code, Real Prop. § 8-203(e)
- The Department of Housing and Community Development keeps the yearly rates, or a calculator, on its website, and you may rely on it. Md. Code, Real Prop. § 8-203(m), (n)
- The lease must contain a receipt for the deposit with the notices the law lists. Keep a copy for two years after the tenancy ends; a landlord who gives no written receipt owes the tenant $25. Md. Code, Real Prop. § 8-203(c) Md. Code, Real Prop. § 8-203.1(b), (c) Md. Code, Real Prop. § 8-208(c)(3)
- On transfer, provide the deposit and an accounting of original amount/date, applicable rates and tenant contact. The transferor remains liable for amounts not delivered with that accounting; successors also have statutory return liability. Reconcile funds and records at closing. Md. Code, Real Prop. § 8-203(d)(3)–(4)
The Rentari Maryland lease commits you to a separate interest-bearing account at a Maryland branch within 30 days, states the interest formula, and includes a deposit receipt with the seven notices.
Move-in and move-out inspections
If the tenant asks by certified mail within 15 days of moving in, you must inspect the home with the tenant and make a written list of damage that already exists. At the end, a tenant who tells you by certified mail at least 15 days before moving, with the move date and a new address, has the right to be present at your move-out inspection.
Md. Code, Real Prop. § 8-203.1(a) Md. Code, Real Prop. § 8-203(f)
More detail (3)
- On receiving the tenant's notice, you must tell the tenant by certified mail the time and date of the move-out inspection, which must fall within five days before or after the tenant's stated move date. Md. Code, Real Prop. § 8-203(f)
- If you did not tell the tenant in writing, when the deposit was paid, about the right to be present at the move-out inspection, you lose the right to withhold any part of the deposit for damages. Md. Code, Real Prop. § 8-203(f)
- These notices belong in the deposit receipt that the lease must include. Md. Code, Real Prop. § 8-203.1(a) Md. Code, Real Prop. § 8-208(c)(3) See Deposit account and interest
The Rentari Maryland lease's deposit receipt tells the tenant about both inspections, the certified mail requests, and your five-day inspection window.
Rent and late fees
A lease may not set a late fee above 5 percent of the unpaid rent due for the rental period that was paid late. When rent is paid weekly, the late fee may not be more than $3 a week or $12 a month in total.
Md. Code, Real Prop. § 8-208(d)(3)
More detail (3)
- Maryland law sets no grace period before a late fee; the lease decides when rent is late. Md. Code, Real Prop. § 8-208(d)(3)
- A lease term over these limits is unenforceable, and if you put one in a lease you offer or try to enforce it, the tenant can recover actual damages, including reasonable attorney's fees. Md. Code, Real Prop. § 8-208(g)
- You must give a written receipt when a tenant pays in cash or asks for one; failing to do so can cost $25. Md. Code, Real Prop. § 8-205(b), (c)
The Rentari Maryland lease charges the late fee you set only after the grace days you choose, and says it may not exceed 5 percent of the unpaid rent for the period.
Returned payment fee
Partly readNo section of Maryland's landlord and tenant law caps a returned payment fee in a lease. A separate Commercial Law section lets the holder of a dishonored check, after sending a notice of dishonor, recover the check plus a collection fee of up to $35 and up to twice the check (no more than $1,000) if it stays unpaid 30 days after the notice.
More detail (2)
- That procedure starts only after the check has gone unpaid for 10 days and you send a notice of dishonor. Md. Code, Com. Law § 15-802(a), (b)
- Whether that $35 figure also limits a returned payment fee written into a lease was not settled by the sections read; state any fee in the lease. Md. Code, Com. Law § 15-802 Md. Code, Real Prop. § 8-208(d)
The Rentari Maryland lease charges the returned payment fee you enter for a check or electronic payment returned for insufficient funds.
Rent increase notice
You must tell the tenant in writing before raising the rent: at least 90 days ahead for a tenancy with a term of more than one month, 60 days for a term of more than one week up to one month (such as month-to-month), and for a term of one week or less, 7 days with a written lease or 21 days without one.
Md. Code, Real Prop. § 8-209(b)
More detail (3)
- Send the notice by first-class mail with a certificate of mailing, or by email, text or tenant portal if the tenant chose electronic delivery and you get proof of transmission. You may not make electronic delivery a condition of accepting an application, and a lease may not require it. Md. Code, Real Prop. § 8-209(b)(2) Md. Code, Real Prop. § 8-208(d)(9)
- The rule does not apply once you have given written notice to end the tenancy under the termination section. Md. Code, Real Prop. § 8-209(a)(2)
- Local laws that require more notice or give tenants more protection still apply. Md. Code, Real Prop. § 8-209(c) See Rent control and local rules
During the tenancy
Landlord entry
Before entering for repairs, inspections, showings or the other purposes the law lists, you must give the tenant written notice at least 24 hours ahead, stating the date, approximate time and specific purpose, and you may enter only between 7 a.m. and 7 p.m., Monday through Saturday, unless the tenant agrees in writing to another time.
Md. Code, Real Prop. § 8-221(a)-(c)
More detail (4)
- Deliver the notice by first-class mail with a certificate of mailing (if delivered at least 24 hours ahead), by paper notice on the door, or by email, text or tenant portal if the tenant chose electronic delivery, with proof of transmission. Md. Code, Real Prop. § 8-221(c)(3), (c)(4)
- The tenant may agree in writing to entry on less than 24 hours' notice, and no notice is needed in an emergency that threatens the property or anyone's safety. Md. Code, Real Prop. § 8-221(b)(2), (c)(5)
- A court can order you to stop and award damages for unlawful entry or repeated improper demands for entry, and you are responsible for agents acting at your direction. Md. Code, Real Prop. § 8-221(d), (e)
- A tenant who reports a housing code violation must give you access within 24 hours after notifying you. Md. Code, Real Prop. § 8-221(f)
Repairs and habitability
A landlord who offers a home for rent is deemed to promise that it is fit for human habitation, from the start of the tenancy to the end. The lease itself must say whether the home will be made available in a condition permitting habitation with reasonable safety, and must spell out each side's duties for heat, gas, electricity, water and repairs. In apartment buildings with 10 or more units, you must also provide air-conditioning each summer in covered units.
Md. Code, Real Prop. § 8-212(c), (d) Md. Code, Real Prop. § 8-208(c)(1), (c)(2) Md. Code, Real Prop. § 8-122
More detail (4)
- Conditions you must fix include lack of heat, light, electricity, or hot or cold running water (unless the tenant's own unpaid utility bill caused it), lack of adequate sewage disposal, rodents in two or more units, serious structural defects, and any other fire or health hazard. Minor or purely cosmetic defects do not count. Md. Code, Real Prop. § 8-211(d), (e)
- The tenant must notify you of the defect, by certified mail, actual notice, or a government violation notice, and you have a reasonable time to fix it; more than 30 days after notice is presumed unreasonable. Md. Code, Real Prop. § 8-211(f), (g) See Tenant repair remedies
- If a lease makes you responsible for a utility bill and the tenant pays the utility instead, the tenant may deduct that payment from rent. Md. Code, Real Prop. § 8-212.3(b)
- Since June 1, 2026, in apartment buildings with 10 or more units (not properties on the National Register of Historic Places), you must provide air-conditioning from June 1 to September 30 that keeps each habitable space at no more than 80 degrees Fahrenheit, or keep a tenant-controlled system able to do so. This covers newly built units and units that had or were promised air-conditioning on or after January 1, 2025, and from October 1, 2026 units renovated with replaced or substantially upgraded electrical or heating systems. Md. Code, Real Prop. § 8-122
The Rentari Maryland lease states that you will make the home available in a condition permitting habitation, with reasonable safety.
Tenant repair remedies
If a serious defect is not fixed within a reasonable time after notice, the tenant may file a rent escrow action in District Court and pay rent into court, or withhold rent and raise the defect as a defense when you sue for rent. The court can end the lease, abate the rent, or have escrowed rent paid out to make the repairs.
Md. Code, Real Prop. § 8-211
More detail (5)
- To get this relief the tenant must have given proper notice and must pay the rent into court. A tenant with three prior judgments of possession for unpaid rent in the 12 months before the case (monthly tenancies) cannot use it. Md. Code, Real Prop. § 8-211(k)
- Separately, a tenant may claim breach of the warranty of habitability for damages or a rent abatement, and that relief may not be conditioned on paying rent into escrow. Md. Code, Real Prop. § 8-212(e), (g)(1)
- Maryland's landlord and tenant law gives no general right to repair and deduct; the deduction it allows is for a utility bill that the lease makes your responsibility. Md. Code, Real Prop. § 8-212.3 See Repairs and habitability
- A lease may not make the tenant give up any right or remedy the law provides. Md. Code, Real Prop. § 8-208(d)(2)
- If the court orders any relief to a tenant in a rent escrow or warranty of habitability action, the tenant may also recover reasonable attorney's fees, costs and litigation expenses; the court may award you the same if the tenant's action was in bad faith or without substantial justification. Md. Code, Real Prop. § 8-211(o), (p) Md. Code, Real Prop. § 8-212(j), (k)
The Rentari Maryland lease describes the rent escrow action and says nothing in the lease waives the tenant's rights or remedies.
Locks and security devices
Partly readMaryland's landlord and tenant law sets no general rule on locks or rekeying between tenants. Its lock rule is for victims of abuse: on a written request with a protective or peace order that orders the abuser to stay away or vacate, you must change the locks by the close of the next business day.
Md. Code, Real Prop. § 8-5A-05
More detail (1)
- If you do not change the locks in time, the tenant may have a certified locksmith change them and must give you a duplicate key by the close of the next business day. When you change them, you give the tenant a key within 48 hours, and you may charge a reasonable fee. Md. Code, Real Prop. § 8-5A-05
The Rentari Maryland lease includes the abuse victim lock change rule and has you provide working exterior locks.
Smoke alarms
Each sleeping area and each level of the unit, including the basement (not unoccupied attics, garages or crawl spaces), needs at least one smoke alarm; every existing residential occupancy had to meet this by January 1, 2018. You as landlord are responsible for installing, repairing, maintaining and replacing the required alarms; the tenant tests them and may not disable them.
Md. Code, Pub. Safety § 9-104(a), (d)(2), (d)(3) Md. Code, Pub. Safety § 9-106(c)-(e)
More detail (3)
- When a tenant reports a failed alarm in writing, by certified mail or hand delivery, you must acknowledge it in writing and repair or replace the alarm within 5 calendar days. Md. Code, Pub. Safety § 9-106(e)
- On written request for a deaf, deafblind or hard of hearing tenant, you must provide an approved alarm notification appliance for the tenant's sleeping room at your own cost, and you may not require supporting documentation with the request. Md. Code, Pub. Safety § 9-105
- Whether alarms may run on batteries or must be hard-wired depends on the building type and when it was built. Md. Code, Pub. Safety § 9-104
The Rentari Maryland lease has you provide working smoke and carbon monoxide detectors at move-in and bars the tenant from disabling them.
Retaliation
You may not bring or threaten an eviction, raise rent or cut services arbitrarily, or end a periodic tenancy because a tenant made a good faith complaint to you or a public agency, sued or testified against you, joined a tenants' organization, or because someone called police or emergency services.
Md. Code, Real Prop. § 8-208.1(a)
More detail (3)
- The tenant can raise retaliation as a defense or sue; a court can award up to three months' rent plus reasonable attorney's fees and costs, and a tenant who claims retaliation in bad faith can owe you the same. Md. Code, Real Prop. § 8-208.1(c)
- The tenant must be current on rent to get relief, unless rent is being withheld under the lease, the rent escrow law or a local law. Md. Code, Real Prop. § 8-208.1(d)
- An action taken more than six months after the tenant's protected act may not be treated as retaliatory. There is no presumption of retaliation inside the six months. Md. Code, Real Prop. § 8-208.1(e)
The Rentari Maryland lease lists the protected acts, says relief depends on the tenant being current on rent, and says action more than six months later is not deemed retaliatory.
Lockouts and utility shutoffs
You may not take or threaten to take possession by locking the tenant out, or by willfully cutting heat, running water, hot water, electricity or gas to force the tenant out. Possession comes only through a court's warrant of restitution carried out by the sheriff or constable, or when the tenant abandons or surrenders the home.
Md. Code, Real Prop. § 8-216
More detail (3)
- A tenant locked out or cut off can recover actual damages and reasonable attorney's fees and costs. Md. Code, Real Prop. § 8-216
- After a final court order of possession, you may stop paying for a utility if you give the tenant reasonable notice and a chance to open the account in their own name. Md. Code, Real Prop. § 8-216(a)(3)(ii)
- A lease may not allow you to take possession of the home or the tenant's belongings without legal process. Md. Code, Real Prop. § 8-208(d)(6)
Ending a tenancy
Ending a month-to-month tenancy
To end a month-to-month tenancy, or a written lease for a stated term longer than one week, you must give the tenant written notice at least 60 days before it expires. A tenancy from year to year needs 90 days, and a week-to-week tenancy needs 7 days with a written lease or 21 days without one.
Md. Code, Real Prop. § 8-402(c)(2)
More detail (4)
- A lease may not require the tenant to give longer notice to end the tenancy than you must give. Md. Code, Real Prop. § 8-501
- If the tenant tells you, even orally, at least 30 days before the end (90 days for year to year) that they will move out, and you can prove it, you need not send your own written notice to recover possession. This does not apply in Baltimore City. Md. Code, Real Prop. § 8-402(c)(3)
- If a tenant stays on with your consent after the term ends, the tenancy becomes month to month (week to week if it was weekly) unless the lease says otherwise in a term the tenant initialed. Md. Code, Real Prop. § 8-402(d)
- Accepting rent after giving notice does not waive the notice unless you agree otherwise in writing. Md. Code, Real Prop. § 8-402(c)(5)
The Rentari Maryland lease says you give 60 days' written notice before the end of a stated term or a month-to-month tenancy, 90 days for year to year, and that the tenant may end a month-to-month tenancy with 30 days' notice.
Ending a fixed-term lease early
Maryland gives a tenant no general right to leave a fixed-term lease early, but if a tenant moves out before the term ends, you have a duty to mitigate your damages, and a lease cannot waive it. You may re-rent the home without notice to the tenant, who then stays secondarily liable for the rent if you promptly report any default by the new tenant.
Md. Code, Real Prop. § 8-207
More detail (6)
- A service member, or the service member's spouse, who receives a change of assignment (permanent change of station, temporary duty over 90 days, orders into quarters on a military installation, or release from active duty) owes no more than rent then due plus 30 days' rent after giving written notice and proof, plus damage repairs. Md. Code, Real Prop. § 8-212.1
- The medical-condition rent limit can apply when the patient is a named party to the lease or an authorized occupant. Before leaving, the tenant must give the required medical certification and written termination notice with the move-out date. If the statutory conditions are met, liability for rent after departure is limited to two months. This statutory rent limit does not apply if the lease already requires one month or less of written notice and no more than two months of post-departure rent. Md. Code, Real Prop. § 8-212.2
- A tenant who is a victim of abuse, or whose legal occupant is, may end future liability with written notice and a protective order, peace order or a qualified third party's report signed within the last 60 days, then has 30 days to vacate and owes rent for no more than 30 days. Md. Code, Real Prop. § 8-5A-02 Md. Code, Real Prop. § 8-5A-03
- If fire or another unavoidable accident makes the home untenantable, a tenancy for a term of seven years or less ends, and rent is owed only up to the day of the fire or accident. Md. Code, Real Prop. § 8-112
- The certification must address a condition that substantially restricts mobility at the home, requires a higher level of care elsewhere, or is a mental disorder meeting the statutory continued-habitation or higher-care test. It must state that the condition is expected to continue beyond the lease termination date. A diagnosis alone does not supply all of these statutory facts. Md. Code, Real Prop. 8-212.2
- Use a physician or psychologist licensed by the relevant Maryland board. Section 8-212.2 requires the certification on that professional's letterhead or printed prescription form, signed by that professional, in substantially the statutory form. These are conditions of the rent-liability limit; the provision does not promise a penalty-free exit in every medical situation. Md. Code, Real Prop. 8-212.2
The Rentari Maryland lease includes the service member and victim of abuse rights in the statute's terms.
Notice for unpaid rent
Before you can file for possession for unpaid rent, you must give the tenant a written notice of your intent to file, on the form created by the Maryland Judiciary, giving the tenant 10 days to pay. It is a notice of intent to file, not a notice to quit: you may file in District Court only if the tenant does not cure within the 10 days.
Md. Code, Real Prop. § 8-401(c)(1), (c)(2)
More detail (3)
- Deliver the notice by first-class mail with a certificate of mailing, by posting it on the door, or by email, text or tenant portal if the tenant chose electronic delivery, with proof of transmission. Md. Code, Real Prop. § 8-401(c)(2)
- Your complaint must state the date you gave the notice, and the tenant may challenge it. Md. Code, Real Prop. § 8-401(c)(3)
- After judgment, a tenant can usually still keep the home by paying all past due rent plus court-awarded costs and fees, in cash, certified check or money order, before the eviction is carried out. This right does not apply to a tenant against whom three judgments of possession for unpaid rent were entered in the 12 months before the case was filed. Md. Code, Real Prop. § 8-401(h) See Eviction process
Notice for lease violations
To end a lease early for a breach other than unpaid rent, the lease must allow it and you must give the tenant 30 days' written notice that they are violating the lease and that you want the home back. The notice period is 14 days when the breach involves behavior showing a clear and imminent danger of serious harm to people or property.
Md. Code, Real Prop. § 8-402.1(a)(1)
More detail (2)
- The statute does not expressly give a right to cure; you may file only if the tenant refuses to comply after the notice period, and the court orders possession only if it finds the breach substantial and warranting eviction. Md. Code, Real Prop. § 8-402.1(a)(1), (b)(1)
- Accepting a payment after you give the notice does not waive the notice or a judgment for possession unless you both specifically agree otherwise. Md. Code, Real Prop. § 8-402.1(d)
Eviction process
Evictions in Maryland go through the District Court: failure to pay rent, holding over after proper notice, or breach of lease. In a failure-to-pay case the court issues the warrant of restitution if the tenant does not comply within 7 business days after a judgment for you; in holdover and breach-of-lease cases it issues the warrant with the judgment. A sheriff or constable carries it out.
Md. Code, Real Prop. § 8-401 Md. Code, Real Prop. § 8-402 Md. Code, Real Prop. § 8-402.1 Maryland Courts: Housing Cases and hearing preparation
More detail (6)
- At least 6 days before the scheduled eviction, you must notify the tenant of the date by first-class mail with a certificate of mailing, by posting on the front door with a date-stamped photo, and by email or text if you have the address or number. Md. Code, Real Prop. § 8-407(b)
- If you do not order the warrant within 60 days after judgment or the end of any stay, the judgment for possession is stricken. Md. Code, Real Prop. § 8-401(f)(1)(ii)
- In a jurisdiction with rental licensing, your complaint must state, with supporting facts, that the property is licensed, exempt, or why it is unlicensed. Md. Code, Real Prop. § 8-406(b)
- Evictions are stayed during certain extreme weather conditions. Md. Code, Real Prop. § 8-401(f)(2)
- Eligible tenants have access to legal representation in eviction cases under the state's access to counsel program. Md. Code, Real Prop. § 8-902
- Prepare a hearing file that makes each disputed point easy to follow: the lease and amendments, dated notices and delivery records, an updated rent ledger, payment receipts, relevant messages and photographs. Separate the amount claimed from amounts already paid or credited, and put events in date order. Tenants should bring records supporting their response as well. Check the hearing notice for when and where to attend; settlement discussions do not by themselves cancel a court date. The Maryland Courts housing guide explains the case types, evidence preparation and access to legal help. Maryland Courts: Housing Cases and hearing preparation
The Rentari Maryland lease says actions go to the District Court for the county where the home is and summarizes the access to counsel program.
Abandoned property
Partly readMaryland's landlord and tenant law sets no storage period or sale procedure for belongings a tenant leaves behind. A lease may not let you take the tenant's belongings without legal process unless the lease has ended and the tenant abandoned them.
Md. Code, Real Prop. § 8-208(d)(6)
More detail (2)
- When a warrant of restitution is carried out, the official removes the tenant's belongings from the home. Md. Code, Real Prop. § 8-401(f)(1)(i) See Eviction process
- The required pre-eviction notice warns the tenant that belongings left inside may be lost and that local laws and practices on disposal vary. Md. Code, Real Prop. § 8-407(b)
The Rentari Maryland lease says belongings left behind will be handled as the law requires and stored for at least the number of days the lease states, and that it does not allow self-help.
Small claims
The District Court hears small claims for money up to $5,000, not counting interest, costs and attorney's fees, including rent claims in failure-to-pay and holdover cases up to $5,000.
Md. Code, Cts. & Jud. Proc. § 4-405
More detail (1)
- Landlord and tenant possession cases also go to the District Court. Md. Code, Cts. & Jud. Proc. § 4-401
More Maryland rules
Lead paint
Rental homes covered by Maryland's lead law must be registered with the Department of the Environment, meet the lead risk reduction standard, and be inspected at each change in occupancy. When the lease is signed, and at least every two years, you must give the tenant the Department's Notice of Tenant's Rights with the current verified inspection certificate.
Md. Code, Env. § 6-811 Md. Code, Env. § 6-815 Md. Code, Env. § 6-820
More detail (2)
- The law covers rental units built before 1950, and since January 1, 2015 also units built before 1978. Md. Code, Env. § 6-801(b)
- The notice goes by certified mail, return receipt requested, or another verifiable method the Department approves. Md. Code, Env. § 6-820(e)
The Rentari Maryland lease's lead notice says the owner must register, meet the risk reduction standard, and give the Notice of Tenant's Rights with the inspection certificate at signing.
Tenant's right to make an offer to buy
Before a tenant-occupied rental property with three or fewer units is offered for sale to the public or a third party, you must send each tenant named in the lease who has lived there at least six months written notice of the right to make an offer to buy, and the tenant has 30 days to make one.
Md. Code, Real Prop. § 8-119
More detail (6)
- Some transfers are excluded, such as a transfer to a family member of the owner, to an entity the owner wholly owns, or by court order or foreclosure. Md. Code, Real Prop. § 8-119(b)
- A lease may not waive or put conditions on this right. Md. Code, Real Prop. § 8-208(d)(12)
- The notice must be on the Department's form, sent by first-class mail with a certificate of mailing or a tracked delivery service, state the material terms you would accept, and be copied to the Office of Tenant and Landlord Affairs. Md. Code, Real Prop. § 8-119(c)(2), (c)(3)
- Within 5 days of a tenant offer on the same or better terms, you must accept it; otherwise you must send a counteroffer explaining how the offer differs. Md. Code, Real Prop. § 8-119(c)(4)
- The tenant also has a right of first refusal, with 30 days to respond, before you accept an unsolicited third-party offer or one at least 10 percent below the lowest price you offered the tenant. Md. Code, Real Prop. § 8-119(d)
- Each violation can bring a fine of up to $1,000. Md. Code, Real Prop. § 8-119(i)
The Rentari Maryland lease states this right and says nothing in it waives or conditions it.
Mold
Give each tenant the state mold pamphlet when the lease is signed and on request, and ask the tenant to sign an acknowledgment. After written notice of mold from a tenant or the local housing code agency, you must have a mold assessment done within 15 days, then remediate within 45 days after the assessment or a reasonable time.
Md. Code, Real Prop. § 8-220
More detail (1)
- The pamphlet is the one developed or used under the Environment Article. Md. Code, Real Prop. § 8-220(b)
The Rentari Maryland lease asks the tenant to report water leaks and visible mold in writing, but it does not include the state mold pamphlet or the acknowledgment.
Guests and disputed occupancy
A guest label does not resolve a disputed right to occupy a home. Maryland's wrongful-detainer statute concerns possession without a legal right, but excludes cases where a Title 8 remedy applies, possession was granted by court order, or another statute or rule provides an exclusive remedy. Identify the actual right and use the appropriate court process when possession is disputed.
More detail (4)
- For a case within section 14-132, the person claiming possession files a written complaint in the District Court where the property is located. The statute calls for a hearing within ten business days of filing. Review agreements, permission to occupy and existing court orders before choosing this route; absence of a signed lease does not by itself select the procedure. Md. Code, Real Prop. 14-132
- If the occupant cannot be found after two good-faith service attempts on different days, the authorized process server must file an affidavit describing those efforts, send the required certified and first-class mail, and conspicuously post an attested summons copy. This substituted service must occur within four business days after filing and can support possession. Follow the incorporated Maryland Rules rather than treating an informal demand as court service. Md. Code, Real Prop. 14-132
- If the court finds the claimant entitled to possession, it enters judgment and issues a warrant to the sheriff or constable. A damages award also requires damages to have been claimed and service or submission sufficient for personal jurisdiction. Posting alone does not automatically authorize a money judgment. Md. Code, Real Prop. 14-132
- The statute excludes counterclaims and cross-claims in this action and separately addresses jury demands. Either party may appeal within ten days after District Court judgment; remaining in possession during appeal requires the specified affidavit and bond or payments. An appeal alone does not establish a right to stay. Check the court rules and applicable appeal conditions. Md. Code, Real Prop. 14-132
Preparing your first Maryland rental
Set up the property, lease and recordkeeping before move-in. Start with the requirements for the address, then prepare screening documents, deposit handling, tenant disclosures and a dependable way to respond to repairs. The detailed topics in this guide explain the Maryland rules.
Md. Code, Real Prop. § 8-208(c)
More detail (4)
- Compare similar homes and record the assumptions behind your asking rent. Budget for taxes, insurance, utilities you pay, maintenance, turnover and vacancy rather than treating the advertised rent as profit. Confirm local registration, licensing, inspection and rent-stabilization requirements, and review the lead-paint topic for covered properties before offering the home. Md. Code, Real Prop. § 8-209.1 See Lead paint
- Prepare lawful written screening criteria and the application’s required disclosures, including the pet policy. Review reusable-report handling, fee refunds and the applicable criminal-screening sequence before accepting money or ordering reports. Keep the report notices and reasons for decisions with the application records. Md. Code, Real Prop. § 8-213 See Application and screening fees
- Check the lease for the condition statement, utility and repair responsibilities, deposit receipt and current Maryland Tenants’ Bill of Rights. Review whether the rent-reporting option applies to your properties. Set up deposit accounting and the required interest-bearing arrangement separately from operating money, and retain signed documents and delivery records. Md. Code, Real Prop. § 8-208(c) Md. Code, Real Prop. § 8-208.4(b), (c) Md. Code, Real Prop. § 8-203(d), (e) See Required disclosures and lease contents
- Document the starting condition and explain the inspection rights and request procedure described in this guide. Give clear contacts for rent, routine repairs and urgent problems. Track payment receipts, maintenance requests, work completed, notices and communications in an organized file with appropriate access limits; calendar lease dates and required notice periods. Md. Code, Real Prop. § 8-203.1(a) Md. Code, Real Prop. § 8-203(f) See Move-in and move-out inspections
Local rules
Rent control and local rules
Partly readMaryland has no statewide cap on rent increases. Selected official rent-stabilization guidance for Montgomery County, Prince George's County and Takoma Park is summarized below. Other local requirements remain unreviewed; check the jurisdiction and property coverage.
Md. Code, Real Prop. § 8-209.1
More detail (2)
- The state law on local rent stabilization reporting says it does not itself authorize a local limit on rent increases for a current tenant. Md. Code, Real Prop. § 8-209.1(e)
- The state rent increase notice rule leaves in place any local law that requires more notice. Md. Code, Real Prop. § 8-209(c) See Rent increase notice
Selected official rent-stabilization guidance for Montgomery County, Prince George's County and Takoma Park is summarized below. Check the property's jurisdiction, coverage, exemptions and the allowance for the effective date. Other local housing requirements remain unreviewed.
The county lists a standard rent-stabilization allowance of 5.2% for regulated units effective July 1, 2026. Its 2026 voluntary guideline for exempt units is 3.3%; a voluntary guideline is not a universal cap. The county generally permits one increase per 12 months and says a regulated unit under a two-year lease cannot receive an increase during those 24 months. Check exemptions and municipal jurisdiction first: DHCA directs inquiries within Gaithersburg, Rockville, Takoma Park and Laytonsville to those municipalities.
For July 1, 2026 through June 30, 2027, the county's PRSA schedule lists 5.7% for regulated units outside age-restricted senior facilities and 2.7% for regulated units within those facilities. Check whether an exemption applies and remains satisfied; the published rates do not cover every rental. The county provides a property-license lookup and an exemption-determination process. Banking, capital-improvement surcharges and fair-return petitions have separate policies; this page has not reviewed those policies or determined any property's entitlement.
The city lists a 3% allowance for increases effective July 1, 2026 through June 30, 2027. Its program covers individual rental condominiums and multifamily facilities, with exclusions including single-family houses, accessory apartments and owner-occupied duplexes. Subsidized, contract-affordable and newly built multifamily housing may qualify for exemptions through the city process. The city page calls for two months' written notice; also apply the state notice period for the tenancy. Check any claimed exemption or additional fair-return increase with the city.
Maryland landlord questions
How much can I charge for a security deposit in Maryland?
No more than one month's rent per unit, counting last month's rent paid in advance and any other security. Up to two months is allowed only for a tenant on Department of Human Services utility assistance who pays utilities to you and agrees in writing.
When do I have to return the deposit?
Within 45 days after the tenancy ends, with interest, less damages rightfully withheld. Any deductions need an itemized list mailed first-class within the same 45 days, or you lose the right to withhold for damages.
Do I have to pay interest on the deposit?
Yes, on deposits of $50 or more held at least six months: simple interest at the one-year U.S. Treasury rate as of the first business day of the year, or 1.5 percent, whichever is greater, paid with the deposit.
What is the most I can charge as a late fee?
5 percent of the unpaid rent due for the period. For weekly rent, $3 a week and $12 a month. State law sets no grace period, so the lease decides when rent is late.
What notice do I give before filing for unpaid rent?
A written notice of intent to file, on the Maryland Judiciary's form, giving the tenant 10 days to pay, sent by first-class mail with a certificate of mailing, posted on the door, or sent electronically if the tenant chose that.
How much notice do I give before entering the home?
At least 24 hours' written notice with the date, approximate time and purpose, and entry between 7 a.m. and 7 p.m. Monday through Saturday unless the tenant agrees in writing otherwise. No notice is needed in an emergency.
How much notice do I need to raise the rent?
Written notice at least 90 days ahead for a tenancy with a term over one month, and 60 days for a month-to-month tenancy.
How do I end a month-to-month tenancy?
Give written notice at least 60 days before it ends. A year-to-year tenancy needs 90 days. A lease may not require the tenant to give more notice than you must.
Md. Code, Real Prop. § 8-402(c)(2) Md. Code, Real Prop. § 8-501
Can I evict a tenant for breaking a lease rule?
If the lease allows it, give 30 days' written notice of the violation and that you want possession (14 days for a clear and imminent danger). If the tenant refuses to comply, you may file in District Court, and the court must find the breach substantial and serious enough to warrant eviction.
Can I change the locks or shut off utilities to get a tenant out?
No. Possession comes only through a court's warrant of restitution carried out by the sheriff or constable. A lockout or a willful utility shutoff makes you liable for damages and attorney's fees.
What must a Maryland lease include?
A statement about the condition of the home, each side's duties for heat, gas, electricity, water and repairs, a security deposit receipt, and a copy of the current Maryland Tenants' Bill of Rights. Since October 1, 2026, a landlord that owns six or more Maryland units must also include an option for the tenant to have on-time rent payments reported to a consumer reporting agency.
Md. Code, Real Prop. § 8-208(c) Md. Code, Real Prop. § 8-208.4(c)
Is there a limit on application fees?
No cap, but if your fees other than a deposit exceed $25, you must refund what you did not actually spend on screening within 15 days, unless you offer four or fewer units at one location. If you own or manage five or more Maryland units, you must also give the written criminal history screening notice before accepting any application fee.
Md. Code, Real Prop. § 8-213 Md. Code, Real Prop. § 8-2A-04(b)
Can a tenant withhold rent for repairs?
For serious defects you have not fixed in a reasonable time after notice, a tenant may use Maryland's rent escrow process, paying rent into court. State law gives no general repair-and-deduct right.
Does Maryland have rent control?
There is no statewide cap on rent increases. Some local governments have their own rules, which this page does not cover.
Statutes read for this page
- Real Property Article, Title 8, Landlord and Tenant (8-101 to 8B-302)Read in full
- Environment Article, lead risk reduction5 sections
- Public Safety Article, smoke alarms (9-101 to 9-109)9 sections
- State Government Article, housing discrimination4 sections
- Courts and Judicial Proceedings Article, District Court jurisdiction2 sections
- Commercial Law Article, dishonored checks1 section
- 2026 enactments: Real Property 8-2A-01 to 8-2A-11, 8-122, 8-205.3, 8-208.4; State Government 20-705 and 20-705.116 sections
- Supplemental current deposit reviewComplete current Real Property sections 8-203(a)–(n) and 8-203.1(a)–(c) read October 14, 2026 on the General Assembly site. Wider title, incorporated provisions, local codes, annual numeric rates and live lease behavior not newly reviewed.
- Reusable reports and application-fee refund scopeFull current Real Property 8-218 and 8-213 read October 15, 2026 in own browser. Selected sections only; broader 2026 screening, federal/local law, regulations and cases not freshly reviewed.
- Montgomery County selected rent guidanceFull MC311 allowable-increase article, updated April 24, 2026, read October 15, 2026. Published July 1, 2026 allowance, voluntary guideline, lease timing and municipal jurisdiction only; full county code and exemptions not independently reviewed.
- Prince George's County selected PRSA guidanceFull substantive official PRSA HTML program page, published July 2026-June 2027 schedule, exemptions, lookup and reporting guidance read October 15, 2026. Linked regulations/policies/workbooks, individual determinations and full code not reviewed.
- Takoma Park selected rent guidanceOfficial housing landing page and full substantive rent-stabilization HTML, including July 2026-June 2027 allowance, read October 15, 2026. Linked code, exemption form and fair-return rules not independently reviewed.
- Selected occupant, medical termination and entry provisionsSelected follow-up October 15, 2026: complete displayed Real Property14-132(a)-(i),8-212.2(a)-(e), including its certification form, and8-221(a)-(f) read on the General Assembly statute site. Added only wrongful-detainer scope/process and medical-condition patient/proof qualifications. Full Maryland Courts Housing Cases page also read; its tenant subsection still contains a no-eviction-notice statement while its landlord subsection states the six-day requirement. That inconsistent summary was not adopted. No fresh whole-Code, session-law, court-rule, incorporated-definition, agency-form or local-law recertification; broader October1 checked_on retained.
Not read for this page (8)
- Local requirements beyond the selected official Montgomery County, Prince George's County and Takoma Park rent-stabilization guidance.
- The Maryland Tenants' Bill of Rights document itself, published by the Department of Housing and Community Development.
- The Maryland Judiciary's form for the notice of intent to file a failure to pay rent case.
- Other parts of the Maryland Code that might hold a flood disclosure, a lock rule or an abandoned property rule for rentals.
- The Maryland Rules of court for District Court landlord and tenant and small claims cases.
- Department of Housing and Community Development forms and regulations that some sections rely on, including the rent reporting offer form, the tenant right to purchase notice forms and the criminal history screening model notice and regulations.
- The 2026 session laws themselves. The new sections were read in the Legislature's statute text view that shows new enactments, and their effective dates on the bill pages.
- Incorporated wrongful-detainer court rules and case-specific occupancy, service, jury and appeal questions beyond the selected statute.