Sue Landlord for Security Deposit Maryland

Your lease ended, you moved out, and the landlord either ghosted you or sent a deduction list for damages you didn't cause. Maryland's security deposit law gives tenants real leverage — including the possibility of recovering up to three times the amount withheld — but you have to follow the right steps to use it.

The 45-Day Rule

Under Real Property § 8-203, a landlord must return your security deposit, less any damages rightfully withheld, with accrued interest within 45 days after your tenancy ends. If any part is withheld, the landlord must mail you a written list of claimed damages and an itemized statement of costs within 45 days. If the landlord, without a reasonable basis, fails to return any part of the deposit and interest within that period, the court can award up to three times the amount withheld, plus reasonable attorney's fees.

That 45-day clock starts when the tenancy ends — not when you hand over the keys, not when you give notice. It is not conditioned on a forwarding-address notice.

Is It a Small Claim?

Small claims caps at $5,000 in Maryland. If your base deposit is $1,700, treble damages would be $5,100 — over the limit. You have three options:

1. Limit your claim to $5,000 and waive the excess to stay on the small claims docket.
2. File on the regular civil docket ($5,001–$30,000) for $56 with formal evidence rules.
3. Claim only the base deposit amount ($1,700) without seeking treble damages, which keeps you firmly in small claims territory.

Most tenants pick option 1 or 3. The small claims track is faster, cheaper, and doesn't require a lawyer.

Before You File

Give notice if you want to attend the inspection. To preserve your right to be present when the landlord inspects for damage, § 8-203 requires you to notify the landlord by certified mail of your intention to move, moving date, and new address at least 15 days before moving. This notice does not trigger or extend the landlord's separate 45-day deposit deadline. Give the landlord your current address in writing so they can send the deposit or itemization.

Send a demand letter. Not legally required, but it creates evidence that you gave the landlord a chance to return the deposit. Include the lease dates, deposit amount, your forwarding address, and a 14-day deadline to return the money. Send by certified mail, return receipt requested.

Gather your evidence. Pull together: the lease, proof of deposit payment (bank statement, cancelled check, or receipt), your written forwarding address notice, the demand letter and delivery proof, move-in and move-out photos, and any deduction list the landlord sent.

Filing the Case

Use Form DC-CV-001. File in the county where the rental property is located or where the landlord resides. The filing fee is $44. Name the actual property owner as the defendant — not the property management company, unless the management company is the legal owner. Check SDAT property tax records to confirm.

In your claim description, state: the lease dates, the deposit amount paid, the tenancy termination date, that the landlord failed to return the deposit or provide a proper itemized statement within 45 days, and the amount you're claiming. If applicable, include when you sent the certified-mail notice about the move and inspection.

At the Hearing

Bring originals plus two copies of everything. Organize them chronologically: lease, deposit payment proof, forwarding address notice, 45-day calendar calculation, demand letter, and the landlord's response (or lack thereof).

The judge will check whether you gave proper notice, whether the landlord met the 45-day deadline, and whether any deductions were legitimate. If the landlord can't justify the withholding, you may get the full deposit back — and potentially treble damages if the failure was without reasonable basis.

The Maryland small claims filing guide includes a security deposit timeline worksheet and a hearing evidence checklist designed specifically for deposit disputes.

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