Challenging Unlawful Rental Fees in Maryland

If you’re renting a home or apartment in Maryland, you have the right to understand and question any fees on your rent bill. While landlords can charge certain fees allowed by law, others may be illegal. Knowing how to recognize, document, and challenge unlawful rental fees helps protect your finances and your rights as a tenant.

What Rental Fees Are Legal in Maryland?

Maryland law sets clear guidelines about what landlords can—and cannot—charge. Legal fees may include:

• Security deposits (up to two months’ rent maximum)
• Application fees (limited to $25 unless additional documentation is provided)
• Late rent fees (usually no more than 5% of the monthly rent)
• Certain utility charges, when specified in the lease

Illegal fees are those not allowed by your Maryland Real Property Code or not specified in your lease. Examples include excessive late fees, improper administrative fees, or charges for repairs that are the landlord’s responsibility.^[1]

Recognizing Illegal Fees on Your Rent Bill

Carefully review your lease and every rent bill. Be on the lookout for:

• Fees that are not mentioned in your signed lease
• Charges for routine or legally required repairs
• Late fees above 5% of your monthly rent
• Additional "move-in" or "processing" fees not allowed by law

How to Challenge Illegal Rental Fees

If you spot a questionable charge, follow these steps to protect yourself and potentially recover any illegal fees paid.

1. Gather Your Documents

• Lease agreement
• Rent statements or bills
• Receipts for payments
• Any correspondence with your landlord

2. Contact Your Landlord in Writing

Write a polite letter or email disputing the specific fee. State why you believe the fee is unlawful and cite your lease and the Maryland Real Property Code if possible.^[1] Keep a copy for your records.

3. File a Complaint with Maryland’s Consumer Protection Division

If your landlord does not resolve the issue, you can file a complaint with the Maryland Attorney General's Consumer Protection Division. This division enforces landlord-tenant laws and can investigate illegal fees.

Form to Use: Landlord-Tenant Complaint Form (no official form number). Use this form to detail your situation and provide supporting documents. Example: If your landlord charges an unexplained "processing fee" not in your lease, fill out the form describing the fee, your attempts to resolve the dispute, and attach copies of related paperwork.

4. Pursue Further Action in Rent Court or District Court

The Maryland District Court handles rental disputes, including claims involving illegal fees. You can seek a court order to have unlawful fees removed from your account or to recover money paid.

• File a Complaint Form (DC-CV-001) to initiate a civil case, such as for the return of unlawful fees.
• Attach evidence of charges, communications, and payments.

Understanding Maryland’s Rental Laws and Protections

Maryland’s rental laws are found in Real Property Code Section 8-203 and related provisions.^[1] These set limits on deposits, fees, and outline your dispute rights. The state’s official tribunal for housing matters is the District Court of Maryland - Landlord/Tenant Section.

Frequently Asked Questions

1. What types of rental fees are illegal in Maryland?
   Any fees not allowed under Maryland law or not clearly stated in your lease—such as excessive late fees or unlisted administrative charges—are typically illegal.
2. What is the maximum late fee a landlord can charge in Maryland?
   Generally, landlords cannot charge a late fee over 5% of your monthly rent. Anything above that is unlawful.
3. How do I file a complaint about illegal fees?
   Complete the Landlord-Tenant Complaint Form and submit it to the Maryland Attorney General’s Consumer Protection Division.
4. Who handles rental disputes and fee challenges in Maryland?
   The Maryland District Court, Landlord/Tenant Section, hears rental fee disputes and can order fee removal or repayment.
5. Can I get my payments back if I already paid an illegal fee?
   If a court or the Consumer Protection Division finds the fee unlawful, you may be able to recover money paid. Document all transactions and seek official help.

Key Takeaways

• Read your lease and Maryland law to spot illegal fees
• Dispute fees first with your landlord in writing
• Use official complaint forms if the issue isn’t fixed

Being proactive and using Maryland’s legal resources ensures your rights as a renter are protected.

Need Help? Resources for Renters

• Maryland Attorney General – Consumer Protection Division: Guidance and complaint forms for landlord-tenant issues
• Maryland District Court – Landlord/Tenant Section: Filing disputes, court info, and legal self-help
• Maryland Legal Aid: Free or low-cost legal support for renters in Maryland
• Maryland Real Property Code – Rental Laws

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1. Maryland Real Property Code Section 8-203 (Security Deposits, Fees)
2. District Court of Maryland – Landlord/Tenant
3. Maryland Attorney General – Consumer Protection Landlord/Tenant Information

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