Maryland: Rent Increase Notice Requirements

Requirements one by one

Notice period

Maryland ties the lead time to the tenancy term under Real Property §
8-209(b)(3):

• More than one month: at least 90 days before the increase.
• More than one week but no more than one month: at least 60 days.
• One week or less: at least 7 days if the parties have a written lease, or at
  least 21 days if they do not.

The shortest-tenancy split depends on whether a written lease exists, not merely
on how often rent is paid. Section 8-209(a)(2) also excludes a landlord who
has already given the qualifying written intent-to-terminate notice identified
there; that termination route should not be treated as another rent-increase
period.

Form and delivery

The notice must be written. Under § 8-209(b)(2), the default method is first-
class mail with a certificate of mailing. Electronic delivery is available only
if the tenant elects it, and may use e-mail, text message, or an electronic
tenant portal. The method must provide proof of transmission, and the landlord
may not condition acceptance of a lease application on electing electronic
notice.

Cap, fixed term, and remedy

Section 8-209 sets no percentage ceiling and no separate frequency limit. It
requires notice before an increase but does not itself authorize a landlord to
rewrite rent during an unexpired fixed lease. The section also states no special
damages or penalty for defective notice.

Maryland expressly preserves stronger local protection. Section 8-209(c)
says the state section does not supersede a local law requiring additional
notice or other tenant protections.

What trips people up

The 7-day rule is not the general weekly-tenancy rule. For a tenancy of one week
or less without a written lease, the period is 21 days. The 7-day period applies
only when the parties have a written lease.

Retaliation is a separate, case-specific limit. Under § 8-208.1, an
arbitrary rent increase for a listed retaliatory reason can be raised as a
possession defense or affirmative damages claim. Relief depends on the tenant's
rent status and the six-month boundary stated in that section.

Common questions

Can the notice be sent only through a tenant portal?

Only if the tenant elected electronic delivery. Otherwise, § 8-209(b)(2)
requires first-class mail with a certificate of mailing. Electronic delivery
must provide proof of transmission.

Does Maryland cap an increase at a percentage?

Not under this general state section. Section 8-209 regulates notice, not the
size of the increase. A local law may add protection because subsection (c)
expressly preserves it.

What damages apply to a retaliatory increase?

If the court finds a retaliatory action under § 8-208.1, it may award up to
three months' rent, reasonable attorney fees, and court costs. That is a remedy
for retaliation, not a general penalty for every defective § 8-209 notice.

Statutes and sources

• Md. Code, Real Prop. § 8-209. Coverage, tiered notice periods, form,
  delivery, and preservation of stronger local law.
  Official code
  (accessed July 12, 2026).
• Md. Code, Real Prop. § 8-208.1. Retaliatory increase, defenses, damages,
  and conditions.
  Official code
  (accessed July 12, 2026).