Can landlords increase rent during a lease term?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Landlords Increase Rent During a Lease Term in Maryland?
If you are renting a property in Maryland, understanding your rights and obligations regarding rent increases is essential for both tenants and landlords. One common question that arises is whether a landlord can increase rent during the term of a lease. The answer depends on the terms of your lease agreement and Maryland landlord-tenant law.
Fixed-Term Lease vs. Month-to-Month Tenancy
1. Fixed-Term Lease
A fixed-term lease is a rental agreement for a specific period, usually six months or one year. During this agreed term:
- Rent Cannot Be Increased Mid-Lease: In Maryland, once you sign a fixed-term lease with a set rent amount, the landlord cannot increase the rent until the lease expires.
- Exceptions: Only if the lease itself includes a provision allowing rent adjustments during the lease term (which is uncommon and must be clearly specified), can a rent increase lawfully occur mid-term.
2. Month-to-Month Tenancy
If you rent the property on a month-to-month basis, where there is no fixed lease term:
- Landlords Can Increase Rent with Proper Notice: Maryland law requires landlords to provide written notice of a rent increase.
- Notice Period: The landlord must give at least 30 days’ written notice before the rent increase takes effect. This means you have at least 30 days to prepare for the change or decide to move.
- No Limitation on Amount: Maryland law does not impose a limit on how much the landlord can increase the rent for month-to-month rentals. However, the landlord must provide adequate notice.
Maryland’s Rent Increase Requirements for Tenants
Written Notice
- Maryland law requires that any rent increase be communicated in writing.
- For month-to-month tenancies, at least 30 days prior written notice is mandatory.
- For fixed-term leases, notice of rent increases before lease expiration is generally not permitted unless explicitly allowed by the lease.
- At the end of a fixed-term lease, the landlord can propose a new rent amount for the new lease term.
- For month-to-month tenancies, rent can be increased at any time with at least 30 days’ notice.
- Maryland does not have statewide rent control regulations that limit the amount a landlord can increase rent.
- Some local jurisdictions, like Baltimore City, may have specific regulations or tenant protections—tenants should check any local laws applicable to their rental property.
Tenant Protections to Consider
- Security Deposit: Landlords in Maryland may not require a security deposit increase unless you are entering a new lease or renewing your rental agreement.
- Retaliatory Rent Increases Forbidden: Landlords cannot increase rent in retaliation for a tenant’s complaint or exercise of legal rights (for example, reporting code violations). Such increases may be deemed illegal.
- Lease Renewal Negotiations: At lease renewal time, the landlord may propose a higher rent. As a tenant, you can negotiate or decline and seek other housing.
Practical Steps for Tenants if Faced With a Rent Increase
- Review Your Lease Agreement: Understand the terms regarding rent and renewal.
- Request Written Notice: Only a written rent increase notice is valid. Oral notices are insufficient.
- Check Timing: Ensure the notice period complies with Maryland’s 30-day requirement for month-to-month tenancies.
- Know Your Rights: If you believe a rent increase is retaliatory or unlawful, you may seek counsel or assistance from local tenant organizations or the Maryland Attorney General’s Consumer Protection Division.
- Budget and Plan: If the rent increase is lawful but unaffordable, consider negotiating or preparing to move.
Summary
- During a fixed-term lease in Maryland, landlords cannot increase rent until the lease expires unless the lease expressly allows it.
- For month-to-month tenancies, landlords may raise rent by providing at least 30 days’ written notice.
- Maryland does not impose limits on the amount of a rent increase, but local laws may apply depending on your location.
- Tenants should be aware of their lease terms and ensure any rent increase is communicated properly and lawfully.