Rent Escrow Rights for Maryland Renters Explained

If you’re a tenant in Maryland facing serious repair issues in your rental, you have rights. Maryland law offers a process called rent escrow—a way to legally withhold rent and ask the court to order repairs if your landlord doesn’t fix dangerous or unhealthy conditions. Understanding how rent escrow works ensures you take the right steps, protect your home, and avoid eviction risks.

What Is Rent Escrow?

Rent escrow in Maryland allows renters to pay rent into a court-controlled account when landlords fail to address serious repair issues. It’s meant for situations where repairs are urgent and impact your safety or health—like no heat in winter, major leaks, sewage problems, or severe pest infestations.

When Can You Use Rent Escrow?

The law protects renters if their home becomes “dangerous or a serious threat” to life, health, or safety. Not all repair problems qualify—issues must go beyond cosmetic concerns. Examples include:

• No heat, running water, or electricity (not caused by tenant’s actions)
• Major roof leaks or severe mold
• Infestations of rats or other vermin
• Broken windows or doors jeopardizing security

Start by giving your landlord written notice of the issue and a reasonable chance to fix it, unless the problem is an urgent emergency.

How to File for Rent Escrow in Maryland

If your landlord doesn’t make essential repairs after being notified, you can file a rent escrow action at your local District Court. This process is governed by the Maryland Real Property Code Section 8-211.¹

Main Steps to Start Rent Escrow

• Notify your landlord in writing about the problem and keep a copy
• Wait for a reasonable time (often 30 days; emergencies may require less time)
• If unresolved, visit the District Court in your county and ask to file a “Petition in Action of Rent Escrow”
• Pay your rent into the court’s escrow account; the court may order repairs or reduce rent until the issue is fixed

Official Court Form: Petition in Action of Rent Escrow (DC-CV-083)

Form Name: Petition in Action of Rent Escrow

This official form starts the rent escrow process, letting you request court involvement for essential repairs.

• Petition in Action of Rent Escrow (DC-CV-083)
• When to use: After providing notice and waiting, use this to ask the District Court to set up a rent escrow. For example, if your furnace is broken all winter and the landlord doesn’t fix it after written notice, this is the form to file.

The District Court of Maryland for your county handles rent escrow cases and provides resources in person and online. Learn more or find your local court at the Maryland District Court website.²

What Happens After You File?

The court will set a hearing. Bring copies of your notice, photos, repair requests, and any inspector reports. If you win, the court may:

• Order repairs
• Reduce your rent until corrected
• Dismiss the case if the issue isn’t serious enough under the law

If ordered, keep paying rent into the escrow account—not directly to your landlord—while the case is active.

Potential Risks and Protections

Maryland law protects renters from eviction for using the rent escrow process in good faith. However, don’t stop paying rent unless instructed by the court—you must pay into escrow, not keep the money yourself. Only use rent escrow for serious, verifiable habitability issues—not small or cosmetic repairs.

Where to Learn More

• Maryland Courts: Landlord-Tenant Information
• Summary of Maryland Real Property Code § 8-211

Frequently Asked Questions

1. Can I just stop paying rent if repairs aren’t made?
   No. Maryland law does not let you withhold rent outside of the escrow process. You must pay rent into the court’s escrow account or risk eviction.
2. What if my landlord retaliates after I file for rent escrow?
   It is illegal for landlords to retaliate or evict tenants for using rent escrow in good faith. If this happens, contact the Maryland District Court or a legal aid service for help.
3. Which repairs qualify for rent escrow?
   Only dangerous or serious health and safety issues—like loss of heat, water, major leaks, infestation, or security problems.
4. Am I responsible for repairs that I caused?
   No. Rent escrow is only for problems not caused by the tenant’s neglect or actions.
5. Where do I find out which District Court handles my case?
   You can look up your local District Court office on the Maryland District Court map.

Conclusion – Key Takeaways

• Maryland renters can use rent escrow for serious health and safety repair issues.
• Do not withhold or redirect rent without following the proper legal escrow steps.
• Use official forms and local District Courts to protect your rights and home.

Knowing and following these steps ensures you stay protected, assert your rights, and help keep your rental safe.

Need Help? Resources for Renters

• Maryland Courts Landlord-Tenant Help Center: Find general landlord-tenant information and court contacts.
• District Court Locations and Contacts
• Maryland Law Help Centers – in-person and phone support for renters
• People’s Law Library of Maryland: Rent Escrow

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1. Maryland Code Annotated, Real Property § 8-211. View the current law.
2. Rent escrow applications and disputes are handled by the District Court of Maryland.

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