Tenant Screening and Application Fee Rules in Maryland: What the Statute Covers
Landlords in Maryland must adhere to specific rules when conducting tenant screening and collecting application fees. This guide outlines the key requirements based on Maryland state law.
Permitting, Zoning, or Statutory Basis
Maryland’s tenant screening laws are primarily governed by the Maryland Real Estate Commission (MREC) rules and regulations. These rules ensure that landlords conduct thorough background checks on tenants to protect both the landlord and the tenant from potential risks.
Lease Clauses, Notice Periods, and Timing Requirements
Screening Criteria
Under Maryland law, landlords must conduct criminal background checks on all tenants. This requirement is found in Maryland Code, Real Property § 13-206. Landlords are not allowed to discriminate against tenants based on their criminal history unless the crime is directly related to the property or its use.
Application Fees
Maryland law also regulates application fees. Landlords are not allowed to charge more than $25 for an application fee, as mandated by Maryland Code, Real Property § 13-206. This fee must be clearly stated in the lease agreement and cannot be used to fund any other purpose.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Maryland’s tenant screening laws, landlords should maintain the following records:
- Application Forms: Keep copies of all tenant application forms.
- Criminal Background Checks: Maintain records of all criminal background checks conducted on tenants.
- Lease Agreements: Keep copies of all signed lease agreements.
- Payment Records: Maintain records of all payments made by tenants, including application fees.
By following these guidelines and maintaining proper record-keeping, landlords can ensure that they are in compliance with Maryland’s tenant screening laws and application fee regulations.
Conclusion
In summary, landlords in Maryland must conduct thorough criminal background checks on tenants and adhere to specific rules regarding application fees. By following these guidelines and maintaining proper record-keeping, landlords can protect themselves and their tenants from potential risks while ensuring compliance with state law.
For more information on landlord rules in other jurisdictions, consider exploring the following guides:
- Baltimore Landlord Rules That Sit on Top of Maryland Law
- Abandoned Tenant Property Hold Periods and Storage Notice Rules by State (LawAtlas SEL_DisposeProperty)
- accepting partial rent after serving a pay or quit notice when partial payment waives your notice by state
- Arizona 5-Day Nonpayment Notice and 5-Day Health/Safety Breach Timeline (A.R.S. § 33-1368)
By staying informed and following these guidelines, landlords can ensure that their properties are managed in a legal and compliant manner.