Maryland Tenant Background Check and Screening Laws

What a Tenant Background Check Covers

Tenant background checks tell you more than a rental application ever could. These reports uncover the facts about the following important information:

Credit history: Shows the applicant’s credit score and a list of their open credit lines, alongside details that showcase their ability to pay rent on time:

• Payment history,
• Credit inquiries,
• Civil records, and
• Collections history.

Criminal history: If the renter has a criminal record, you’ll be able to learn about it using the background check. TurboTenant checks 200M+ records to reveal any previous misdemeanors, felonies, or active warrants.

However, some local laws prohibit landlords from considering a renter’s criminal history. We’ll review local guidelines in Maryland below, but always check your current local guidelines to avoid disputes.

Eviction history: Learn about the renter’s eviction history, including any Writs and Warrants of Eviction, Judgments for Rent, Possession, and Money, unlawful detainers, and reports of failure to pay rent. Confirm your local Maryland laws allow you to consider eviction history when selecting a tenant.

Income verification and fraud detection: When you have a TurboTenant Pro account, you’ll get even more out of each tenant background check. Access enterprise-level fraud detection with advanced tenant screening powered by Snappt, which flags fake employer information, fraudulent documents, and known ‘bad actors.’

Rental history: Curious about how a renter behaved with other landlords? Ask them yourself. Getting in touch with their previous landlords gives you the chance to inquire about their rent payment habits, property damage, and any other questions you may have.

References: Speaking with the renter’s previous employers and personal references allows you to learn more about who they are, their habits, and their lifestyle.

Federal Tenant Background Check Laws

Here are three must-know laws every U.S. rental owner must follow when conducting a tenant background check. Maryland landlords, take note:

Fair Credit Reporting Act (FCRA): Pulling an applicant’s credit or background report calls for what the FCRA labels a “permissible purpose,” and screening a rental applicant qualifies. You document that purpose with the applicant’s written, standalone consent. The law also requires you to provide applicants a summary of their FCRA rights. If the report leads to a denial, requires a co-signer, or results in less favorable terms, you must send a pre-adverse action notice with a copy of the report before the final adverse action notice (Federal Register).

Fair Housing Act (FHA): You can’t discriminate against (or deny) applicants based on the following federally protected traits:

• Race,
• Color,
• National origin,
• Religion,
• Sex,
• Familial status, and
• Disability (Fair Housing Act).

HUD Guidelines: HUD’s warnings against automatic criminal-history denials were withdrawn in a 2025–2026 deregulatory review. The exposure behind them didn’t lift, though. Fair Housing Act disparate-impact claims rest on case law (Inclusive Communities, 576 U.S. 519 (2015)), so a blanket denial can still draw one.

Maryland Tenant Screening Laws

Compared to federal guidelines, Maryland tenant screening laws are stricter. Here’s what you need to know:

Criminal history: Starting October 1, 2026, Maryland’s Fair Chance Housing Act limits how landlords handle criminal history. Landlords can’t consider certain criminal offenses and have a limited lookback period (Md. SB 937 (2026)).

Fair Chance Housing (“ban the box”): Once the new Fair Chance Housing Act goes into effect in October 2026, landlords can only ask about the renter’s criminal history or conduct criminal background checks after they’ve accepted the renter with a conditional offer. However, certain sex offense convictions are exempted from this rule (Md. SB 937 (2026)).

State-specific Fair Housing additions: Maryland law prohibits landlords from discriminating against renters based on the following:

• Source of income,
• Sexual orientation,
• Gender identity,
• Military status, and
• Marital status (Md. Code Ann., State Gov’t. § 20-701 et seq).

State-level notice/disclosure requirements: You don’t have to notify tenants or make extra disclosures when conducting a background check for tenants in Maryland.

Reusable tenant screening reports: Some states allow them, but always check your local laws to verify the current guidelines, as laws shift frequently.

Application and screening fee caps: If you charge an applicant a fee other than a security deposit that exceeds $25, you may retain only the amount used to run a credit check. You must refund the rest. The refund is due no later than 15 days after the tenant takes occupancy or after either party notifies the other in writing that no tenancy will occur. Landlords who fail to refund will be liable for twice the amount. Rental applications must include a statement explaining the liability the applicant assumes by signing, and a summary of those fee rules. This section doesn’t apply if you offer four or fewer units on one parcel or at one location or to seasonal and condo rentals (Md. Code Ann., Real Prop. § 8-213).

Tenant Screening Differences by City in Maryland

In addition to state-level requirements for tenant background checks, Maryland cities often impose additional rules. Here’s a quick recap:

Baltimore, Maryland

As for tenant screening, Baltimore policies align with state laws. Maryland law also establishes the legal baseline for conducting background checks in Baltimore.

Columbia, Maryland

When conducting a background check, Columbia’s local laws align with Maryland’s. Tenant screening in Columbia also follows the state’s guardrails.

Germantown, Maryland

On the other hand, Germantown has more detailed laws surrounding tenant screening. Here’s how it works in Montgomery County:

Ban-the-box: You can’t ask about or check a renter’s criminal history until you’ve made a conditional offer. County law prohibits landlords from requiring renters to list arrest or conviction records on the application form (Montgomery County Code, M.D. Code § 27-15A).

Tenant screening disclosure: Landlords must disclose the process they use for criminal and credit screening in the rental application (Montgomery County Code, M.D. Code § 27-15A).

Criminal lookback caps: In Montgomery County, landlords can’t ask about, look into, or deny a renter based on unconvicted arrests, certain low-level crimes, or expunged records (Montgomery County Code, M.D. Code § 27-15A).

Red Flags to Watch Out For

Keep an eye out for the following when reviewing a tenant background check, Maryland landlords:

Unverifiable income: Income records without rhyme or reason may indicate a renter who could struggle making consistent rent payments.

History of evictions: Habitual lease violations are not to be taken lightly. To gain a better understanding, look into the circumstances before making a decision. Just be sure to comply with your area’s local laws.

Inconsistent rental history: In some cases, the applicant may have had trouble qualifying for rentals. Dig into the details to understand why.

Late payments or collections: Safeguard your rental income by avoiding tenants who frequently pay late or build up rent debt.

Criminal charges: Take a closer look at serious offenses that may put the property or other tenants at risk.

How to Legally Run a Tenant Background Check in Maryland

To wrap up our deep dive into the tenant background check, Maryland landlords can use these key takeaways and best practices:

1. Always get written permission before running background or credit checks.
2. Use a reliable, trusted, and thorough service, like TurboTenant, to conduct tenant screening reports.
3. Verify the renter’s SSN and identity to avoid fraud.
4. Carefully review each report, look into red flags, and cross-compare all documents.
5. Check for evictions or criminal history in compliance with Maryland’s state and local laws.
6. Use consistent criteria across all applicants to prevent disputes.
7. Send an adverse action notice to inform applicants when you reject them based on their credit history.
8. Streamline rental ownership by using TurboTenant to conduct tenant background checks, collect rent online, and simplify property maintenance.