Maryland late rent laws (2026)

The Maryland timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid, using Maryland's numbers and an example notice served on the 5th.

1. The 1stRent is due (the example due date used throughout this page).
2. Late feeLease late penalty may not exceed the statutory cap; no statewide statutory grace period.
3. The 5th (example)You serve the notice: 10-day written notice of intent to file, on the form created by the Maryland Judiciary (Md. Code, Real Prop. § 8-401(c)).
4. Not before the 15thThe 10-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
5. Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.

The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read Md. Code, Real Prop. § 8-401(c) before you serve anything.

The notice for unpaid rent

10-day written notice of intent to file, on the form created by the Maryland Judiciary. Md. Code, Real Prop. § 8-401(c)

Among the 31 states we have verified, 19 require less notice (3 of them none at all), 4 others use the same 10 days as Maryland, and 6 require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

Lease late penalty may not exceed the statutory cap; no statewide statutory grace period. Md. Code, Real Prop. § 8-208(d)(3)

Statutory limit: 5% of the unpaid rent due for the rental period; weekly leases: $3 per week, $12 per month.

Assumes the whole month's rent is unpaid and the lease provides for a late fee.

Maryland is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in Maryland

Notes from our review: Some counties (e.g. Montgomery) add local requirements.

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

Maryland and its neighbors

Notice periods across the 31 verified states

Sources

• Notice for unpaid rent: Md. Code, Real Prop. § 8-401(c)
• Late fees and grace period: Md. Code, Real Prop. § 8-208(d)(3)
• Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

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