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Maryland tenant screening laws

Checked against the Maryland statutes on October 1, 2026

6 min readGeneral information, not legal advice

Chesapeake Bay marsh shoreline with calm water and loblolly pines in Maryland

Last checked October 1, 2026

Screening a Maryland applicant runs on state rules about fees and selection criteria, the Maryland fair housing law, and federal rules that apply in every state. This guide covers each one, with the Maryland statute behind it.

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Maryland screening rules

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)).

  • 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 on the Maryland page
  • 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).

  • 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).

Federal rules that apply in every state

Alongside the Maryland rules above, federal law covers every rental screening.

  • Consent and purpose. Order a consumer report only for the rental the person applied for, and keep their signed authorization with the application.
  • Adverse action notice. If a report contributes to a denial, a higher deposit or rent, or a cosigner requirement, give the applicant an adverse action notice. It names the reporting agency, says the agency did not make the decision, and explains the right to a free copy of the report and to dispute it.
  • Fair Housing Act. Federal law bars rental decisions based on race, color, religion, sex, national origin, familial status or disability. Many states, including Maryland as described above, add their own protections.
  • Same criteria for everyone. Write your income, credit, rental history and criminal history criteria before you list, and apply them to every applicant in the same order.

Steps for a fair screening

  1. Publish your criteria

    Write the criteria you will use and share them with every applicant before they apply.

  2. Get consent first

    Collect the completed application and written authorization before you order any report.

  3. Check the fee rules

    Charge only what the Maryland rules above allow, and refund when they require it.

  4. Decide and record

    Record the reason for each decision, and send the adverse action notice when a report played a part.

Legal help in Maryland

Questions

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)).

More for Maryland landlords

Maryland Landlord-Tenant Law

Learn more about Maryland landlord-tenant law

Every Maryland rental rule in one guide: deposits, notices, repairs, entry and eviction, each cited to its statute.

Maryland Rental Application

Learn more about the Maryland rental application

Send a Maryland rental application online and follow the state's rules on application fees, screening and fair housing.

Maryland Lease Agreement

Learn more about the Maryland lease agreement

See what the Rentari Maryland lease includes, with each rule cited.

More Maryland guides

General information, not legal advice. Checked against the Maryland statutes on the Legislature's own site on October 1, 2026; no attorney review is recorded. Laws change, so confirm the current text through the links above or with a Maryland attorney.

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