Maryland · Security deposit dispute

Security deposit dispute in Maryland small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Maryland, small-claims cases are heard in the Small Claims division of the District Court of Maryland and you can sue for up to $5,000 (money only; claims from $5,001 to $30,000 are heard as regular District Court civil cases).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Civil Complaint (Form DC-CV-001) in Maryland

  1. File the Complaint (DC-CV-001). Complete the District Court Civil Complaint form (DC-CV-001), naming the correct defendant, and file it with the clerk at any District Court location. Forms are available at the clerk's office.
  2. Pay the filing fee. Pay the filing fee at the time of filing. Fee amounts are set by the District Court's Civil Cost Schedule (DCA-109); check the current schedule when you pick up your forms. If you cannot afford the fee, file a Request for Waiver of Prepaid Costs (CC-DC-089).
  3. Choose a method of service and the court issues the Writ of Summons. On the Complaint, select how the defendant will be served (certified mail, sheriff, or private process). The court then issues a Writ of Summons to officially notify the defendant that a suit has been filed.
  4. Have the defendant served. Serve the defendant by one of the three methods. You may not serve the defendant yourself; service must be by certified mail (clerk mails it), the sheriff, or an uninvolved adult 18 or older / private process server.
  5. Submit Proof of Service. File proof that the defendant was served: the green certified-mail return receipt, or an affidavit of service (Proof of Service form DC-CV-002 / Affidavit of Service) for sheriff or private process. Trial is normally set within 60 days of when the complaint was filed.

Filing fees: Filing fees are set by the District Court Civil Cost Schedule (DCA-109); confirm the current amount with the clerk. A fee waiver (CC-DC-089) is available.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 3 years (Md. Cts. & Jud. Proc. § 5-101)

Answering a lawsuit: 15 days from the date the defendant receives the summons to file a Notice of Intention to Defend (60 days for out-of-state defendants and those with resident agents)

Serving the defendant: The plaintiff may not serve the defendant personally. There are three methods, selected by checking a box on the Complaint: (1) certified mail (the clerk creates the summons and mails it; the green return receipt is proof of service); (2) sheriff (hand delivery, returns an affidavit of service); or (3) private process (an uninvolved adult 18 or older, or a private company, hand-delivers the summons and files an affidavit of service).

Appeals: Either party may appeal to the Circuit Court by filing a Notice of Appeal (form DC-CV-037) in the District Court within 30 days after entry of judgment. A small claims appeal ($5,000 or less) is heard de novo, meaning a completely new trial in the Circuit Court (total appeal fee $175).

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Maryland Courts - Small Claims (District Court legal help). Last reviewed 2026-06-23.