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Legal Information: Maryland

Maryland Housing Laws

Housing Laws

Basic info and definitions

What housing laws can protect me if I need to break my lease?

There is a housing law in Maryland that allows you, the tenant, to terminate your lease before it ends if you or a legal occupant in the home are a victim of abuse.1 The housing law also requires your landlord to change the locks at your request if you meet the qualifications explained in How do I get my locks changed?2

1 MD Code, Real Prop. § 8-5A-02(a)
MD Code, Real Prop. § 8-5A-05(a)

What is the legal definition of abuse?

For purposes of breaking your lease based on being a victim of abuse,1 the law defines “abuse” as being the victim of:

  1. assault in the 1st degree or 2nd degree;
  2. an act that places you in fear of immediate serious bodily harm or actually causes you serious bodily harm;
  3. rape in the 1st degree or 2nd degree;
  4. attempted rape in any degree;
  5. sexual offense in the 3rd degree or 4th degree;
  6. attempted sexual offense in any degree;
  7. stalking, which includes the use of a tracking device or electronic communication as defined by law;
  8. false imprisonment; or
  9. revenge porn.2

1 MD Code, Real Prop. § 8-5A-01(b)
2 MD Code, Fam. Law § 4-501(b)(1)

Breaking the lease

What documents or proof do I need to give to my landlord to get out of my lease if I am a victim of abuse?

If you (the tenant) or a legal occupant in your home are a victim of abuse and you want to end your lease early, you must give written notice to the landlord that states your intention to leave (vacate) the residence. The notice must also include a copy of one of the following documents as proof of the abuse:1

  1. a final protective order;
  2. a final peace order; or
  3. a copy of a report by a qualified third party that:
    • redacts the name and description of the abuser; and
    • was signed by a qualified third party within the previous 60 days.2

A “qualified third party” is defined as:

  • a doctor who is legally authorized to practice medicine;
  • a psychologist who is legally authorized to practice psychology;
  • a social worker or caseworker at a health or social services agency or provider; or
  • an advocate from a domestic violence or sexual assault prevention or assistance program.3

For more information on what has to be included in the qualified third party’s report, see What does a report from a qualified third party need to include?

1 MD Code, Real Prop. § 8-5A-02(b)
2 MD Code, Real Prop. § 8-5A-03(b)
3 MD Code, Real Prop. § 8-5A-01(g)

What does a report from a qualified third party need to include?

A qualified third party can submit a report on your behalf that gives your landlord proof that you are a victim of abuse. The report must state that you or a legal occupant of your home is getting help because of an act of abuse.1 The report must also include:

  • your name or the name of the legal occupant who has been abused;
  • a statement that you or the legal occupant are a victim of abuse;
  • the date, time, and place, and a short description of the incident of abuse;
  • the name and physical description of the abuser if known;
  • the qualified third party’s workplace and work address;
  • the qualified third party’s professional license number and the entity that issues the license if s/he is required to be licensed;
  • the qualified third party’s notarized signature; and
  • your signature or your legal occupant’s signature, acknowledging that you know that you could be found guilty of perjury if the information in the report is found to be untrue.2

1 MD Code, Real Prop. § 8-5A-01(h)(1)
2 MD Code, Real Prop. § 8-5A-01(h)(2)

When and how do I give my landlord written notice that I want to end my lease?

To end your lease early, you must give your landlord the proper written notice and documentation. You can give notice to your landlord by either:

  • hand delivery; or
  • first-class mail.1

1 MD Code, Real Prop. § 8-5A-03(a)

How long can I stay in the residence after giving notice to the landlord that I want to end my lease?

You will have 30 days to leave your residence from the day you provide your landlord with written notice.1 If you move out sooner than 30 days after you give notice, you must give your landlord written notice that you have left (“vacated”).2

1 MD Code, Real Prop. § 8-5A-02(b)
2 MD Code, Real Prop. § 8-5A-02(b), (c)(2)(i)

Once I notify my landlord that I want to end my lease, do I still have to pay my rent?

You are only responsible for rent from the date your landlord is notified of your plan to end your lease up until the date you provide written notice that you left (“vacated”) the residence.1 Under this law, your landlord is considered to be notified that you vacated the residence on either:

  1. the date your written notice saying you vacated was postmarked, if delivered by first-class mail; or
  2. the date your written notice saying you vacated was hand-delivered, if delivered to the landlord in person.2

If you fail to give your landlord notice that you have vacated the residence, then the landlord can charge you for the full month’s rent.3 Remember, once you notify the landlord that you want to terminate your lease, you have to move out within 30 days.4

1 MD Code, Real Prop. § 8-5A-02(c)(1)
2 MD Code, Real Prop. § 8-5A-02(c)(2)(iii)
3 MD Code, Real Prop. § 8-5A-02(c)(2)(iv)
4 MD Code, Real Prop. § 8-5A-02(b)

Getting your locks changed

How do I get my locks changed?

You can get your landlord to change your locks under this law if you or your legal occupant have a protective order or a peace order that requires the abuser:

  • to move out of your shared residence; or
  • to not enter your residence.1

You must give your landlord written notice requesting that s/he change your locks. Your written notice must include a copy of your protective order or peace order.2

1 MD Code, Real Prop. § 8-5A-05(a)
2 MD Code, Real Prop. § 8-5A-05(b)

How quickly must the landlord change my locks?

Your landlord must change your locks by the end of the next business day after receiving your written notice.1 The landlord must give you a copy of the new key within 48 hours following the lock change.2

1 MD Code, Real Prop. § 8-5A-05(c)(1)
2 MD Code, Real Prop. § 8-5A-05(d)

Can I be charged for having the locks changed?

Your landlord can charge a reasonable fee for changing your locks.1 You must pay the fee within 45 days of the date that the landlord changed your locks. If you do not pay the fee, your landlord can charge the fee as additional rent or withhold the fee from your security deposit.2

1 MD Code, Real Prop. § 8-5A-05(d)(2)
2 MD Code, Real Prop. § 8-5A-05(e)

I still have questions about this housing law and if it applies to me. Where can I go for help?

If you have read through the information above and still have questions, you may want to talk to a lawyer. Go to our MD Finding a Lawyer page for free and paid legal referrals. To connect with a domestic violence organization near you, see our MD Advocates and Shelters page.