Maryland state has various laws regarding the use of rental applications. If your document is not compliant with MD law, you may get sued by the applicant and face legal consequences.
Application Fee
There is no limit in terms of what application fee can be charged by Maryland landlords.
If there are any unspent application fees greater than $25 then the landlord must return that unspent money to the applicant within 15 days of their receipt (§ 8-213).
The only part of the fees that a landlord can keep are those spent on a credit check or other expenses that are spent on behalf of the tenant.
Security Deposit
Landlords cannot charge more than 2 months’ rent if they are leasing an unfurnished apartment under Maryland law (MD Code, Real Property 8-203).
If the landlord does happen to charge more than the maximum amount, the tenant could receive three times the extra amount charged, as well as lawyer fees (§ 8–203(4)(b)).
The landlord must also provide the tenant with a receipt of the security deposit, which must be included in the written lease.
The security deposit must then be returned to the tenant, plus interest and less any damages, within 45 days after the tenancy ends.
Housing Discrimination Law
In Maryland, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Color
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a Maryland Rental Application form nor to include them in the decision-making process.
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for denial or approval. To prove that these facts were shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
Within Maryland, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).