When a landlord-tenant dispute enters the realm of law, however, it will cost time and money, not to mention aggravation, so it’s a good idea to try working out issues with the tenant first. Read the Law: 14 Maryland Law Encyclopedia § 54. Normal Wear and Tear. The owner-occupant must either rent out rooms in a property that they currently occupy or rent out units in a property that has five or fewer rental units that they currently occupy to avoid following the state law. Landlord Tenant – Summary of Residential Landlord Tenant Law – Maryland. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local District Court. A landlord with multiple vacant units is not required to put a new tenant into the unit you have vacated. There are four major tenant rights laws in Baltimore County and throughout Maryland. A landlord must expect to bear these costs as part of doing business. Fair Housing Resource Guide – Maryland Association of REALTORS® Tenant Rights, Laws and Protections: Maryland; HUD in Maryland; Other State Resources. A court could award the tenant as much as three times the amount that was collected in excess of two months’ rent. If you are required to leave your house for more than 24 hours while treatments are performed, the property owner must pay reasonable expenses for overnight housing and possibly meals for your family. But Maryland requires such a high burden of proof — the tenant must show that the landlord has acted solely out of of a desire fot retaliation — that it's nearly impossible to win a case. One of the primary tenant rights that could apply to hotel guests is the right to a formal eviction proceeding if the property owner wishes to remove the guest from the property. If the landlord collects more than that, it is illegal. The Maryland state government addresses domestic violence in §§ 8-402, 8-5A-01 to 8-5A-06 of the State Code. If the tenant fails to pay this fee within 45 days, the landlord can charge this fee as additional rent or can deduct this amount from the tenant’s security deposit. If a landlord receives a written “Notice of Defect" that there is chip- ping or peeling paint, or a notice of a child with elevated blood lead level in the property, the landlord must respond by performing Modified Risk Reduction Measures within 30 days of receiving the notice. Before going to court, the landlord must give you one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others' safety). 200 St. Paul Place, 16th Floor Baltimore, MD 21202-2021, Consumer Hotline: 410-528-8662 or toll-free 888-743-0023 En español 410-230-1712, TDD for hearing impaired persons: 410-576-6372 www.marylandattorneygeneral.gov/Pages/CPD/. Yes. The landlord must notify the tenant of the date the inspection will take place and of the tenant’s right to be present during the inspection. Once the escrow account is established, you must continue to regularly pay rent into this account. Unfortunately, while the landlord may be legally responsible for your expenses in this situation, it may not be easy to obtain payment. Once the property is moved from the unit, it is the tenant's responsibility. An application fee is any fee other than a security deposit paid to a landlord before a lease is signed. The lease may not: • Authorize a confessed judgment, whereby you waive all rights to defend yourself; Section 8. Landlord-Tenant Laws (Maryland caselaw) Tenant's Right of Possession and Right of Entry by Landlord. Do I have to pay the last month's rent? It can cause abnormal fetal development and miscarriage in pregnant women. It must include all agreed upon terms, but it does not have to state your name and address, the date you are moving in, or identification and rental rate of your unit. If you suspect your child has been exposed to lead-based paint, call your child's doctor immediately to request a blood test. Maryland Eviction Laws. Before you sign a lease, you should be aware of all the terms it includes, including when rent is due, late fees, procedures for giving notice at the end of the lease, automatic renewal provisions, and return of the security deposit. This is called a “retaliatory eviction," and you may be able to stop an eviction by showing the Court that your landlord is evicting you for one of these reasons. Maryland tenants have to provide written notice for the following … What could Jason do?A: Jason had the right to cancel his lease and get back any prepaid rent or security deposit he had paid to the landlord. Q. Tyrone and Sarah rented an older rowhome. For more information on the dangers associated with lead-based paint and how to deal with it in your home, contact the Green & Healthy Homes Initiative at 410- 534-6447 or the Maryland Department of the Environment at 410-776-2706. The two main parties to a lease, whether it's a house or an apartment, are the landlord and the tenant-- each with certain rights and responsibilities.The landlord has a responsibility to maintain a safe and functional facility and adhere to the terms of the lease agreement, but also has the right to receive monthly rent in full (by the due date). The lease must also specify the landlord's and the tenant's obligations as to heat, gas, electricity, water, and repair of the premises. Yes. Community Engagement; Complete Streets Implementation Team; Complete Streets Projects; Transportation Town Hall; Active Transportation Open House + E-Scooters. If a landlord collects more than two months’ rent as a security … If a landlord’s failure to comply with the landlord’s legal duties, the tenant may notify the landlord of the issue (s). Richard may choose to pay the landlord directly or the damage or have the damages paid from the surety bond. The Maryland state government identifies specific rights in §§ 8-208.1, 8-208.2 of the State Code. Can Lisa stop paying rent until the landlord fixes the problem? A landlord may evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). See Md Real Property Code, 8-211. Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. Home / State Information / Maryland / Rental Help / Local Tenant Rights, Laws, and Protections: Maryland Tenant Rights, Laws and Protections: Maryland Know your responsibilities as a tenant. Also, a landlord can hold you responsible for costs of re-renting, such as advertising. The landlord said she had recently painted the walls and woodwork and there was no chipping paint, so they didn't need to worry. My landlord has not repaired my dishwasher. Therefore, Baltimore residents must exercise their rent escrow rights under city law. Federal law (Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992) requires that a landlord renting a property built before 1978 disclose to the tenant any known lead-based paint hazards on the property before the lease is final. Some funding may be available for certain tenants to help catch up on missed rent payments. Examples include losing employment, needing to care for a school-aged child,or being diagnosed with COVID-19. The landlord can't just tell you that you have to move or throw out your belongings. renew for another term, or to renew on a month-to- month basis, unless either the landlord or the tenant gives prior notice that they will not renew. Under Maryland law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the tenant’s rights to move-in and move-out inspections and the identity of anyone authorized to act on the landlord’s behalf. The landlord can evict the students, but must follow the process set forth by Maryland law. Article Real Property Landlord Tenant § 8-101 . A landlord’s action to put a tenant out of his or her housing is called an eviction. The amount of the surety bond cannot, on its own or combined with any security deposit, exceed two months' rent. Did the landlord have the right to keep the fee? A landlord may keep an application fee of $25 or less. Do I have a grace period for late rent payments? Under Maryland law, tenants have a right to freedom from housing discrimination, a right to certain security deposit protections, the right to freedom from landlord retaliation, and the right to be protected after domestic violence. Is Richard still responsible for paying these damages even though he paid for a surety bond? Unlike a security deposit, the premium paid for a surety bond is not refundable at the end of the tenancy and the amount the tenant paid for the surety bond premium is not credited toward the payment of any damages. The other tenant hasn't moved out. If the landlord withholds any part of your security deposit, they must send you a written list of damages, with a statement of what it cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. Security deposit disputes often involve misunderstandings about when the landlord is entitled to keep the security deposit, and disagreements about whether the tenant caused damage to the rental unit. All tenants must be relocated while Risk Reduction Treatments are being performed. Some leases have a clause that allows the tenant to cancel the lease with a certain amount of notice, and perhaps offer you the option to leave early and not be responsible for the remainder of the lease in exchange for the payment of a fee. Therefore if the tenant dies, the estate of the tenant is still liable for rent. The landlord does not have to give you advance notice. Not paying your full rent may put you at risk of being evicted. If the fee is more than $25, the landlord must refund any amount that was not used to process your application. Tenant Allowed to Repair and Deduct Rent: Only under certain circumstances. If you fail to give this notice in time, your lease could be automatically renewed. The landlord must give you a receipt for the security deposit. Even if your roommate/other tenant is listed on the lease, you may be held liable for the full rent payment. The security deposit may not be more than two months' rent. A landlord may not keep a tenant's security deposit to pay for touch-ups and replacements needed due to normal wear and tear. If a landlord rents five or more units at one location, the lease application must explain what your obligations and rights are if an application fee is collected. The tenant or tenant’s agent provided written notice to the landlord or a government agency about a violation of the law. The landlord says I damaged the carpet, but the stains were there when I moved in. The kit features tenant strategies and plain language explanations of landlord-tenant laws, printable Maryland landlord-tenant laws, and sample complaints and counter-complaints to assert tenant rights. This is a discriminatory statement, and the landlord could be charged with violating the Fair Housing Act. The landlord must prove that he or she gave you proper written notice (at least one month) of the ending of your lease. to understand their rights and obligations as well as the remedies that are available under Maryland law. Local cities and jurisdictions might make their own rules and procedures, but they must comply with the laws in the Maryland … TENANT ASSISTANCE AGENCY CONTACT SERVICE AREA; Public Justice Center: 410-625-9409 www.publicjustice.org: Statewide: Baltimore Neighborhoods, Inc. 1-800-487-6007: Statewide – except Montgomery County: Maryland Legal Aid Bureau: 1-800-999-8904 www.mdlab.org: Statewide – 13 offices around MD: Allegany Law… You are obligated to pay rent through the end of the lease. Right to Initial and Final Inspection. Landlord-Tenant Laws (Maryland caselaw) Tenant's Right of Possession and Right of Entry by Landlord The landlord is required to assure that the tenant may have possession of the premises at the … Many landlords use a standard lease for all their tenants. It's illegal in Maryland for a landlord to retaliate and evict a tenant primarily because the tenant or a housing inspector sends a notice to the landlord informing them that there are lead hazards in the property or that there is a child with an elevated blood lead level living in the property. An eviction is legal only if the landlord goes to court and obtains a judgment against the tenant and if a sheriff /constable is present at the time the tenant The Office of the Attorney General's Consumer Protection Division has created this page to help renters and residential property owners understand their respective rights and obligations, as well as the remedies that are available under Maryland law. Not the entire amount. State law defines when a hotel guest becomes recognized as a tenant under the law. The lease must also specify the landlord’s and the tenant’s obligations as to heat, gas, electricity, water, and repair of the premises. Read the law: Prince George’s County Code, Subtitle 13 §13-155 . Consumers can download or print a consumer complaint form or file a complaint online. When a tenant dies without a will or next of kin, the landlord to bring an action for summary ejectment to end the lease. The tenant or tenant’s agent filed a lawsuit against the landlord. Q. Tiffany lived in an apartment for five years. She has more than 16 years of experience in real estate. Examples include losing employment, needing to care for a school-aged child,or being diagnosed with COVID-19. Read the Law… Both federal and Maryland law require a landlord renting an older home (built before 1978) to, at the very least, give the tenant a specific pamphlet about lead-based paint hazards. You have the right to cancel the lease with written notice, and the landlord is liable to you for damages you suffer as a result of not being able to move in at the beginning of the lease. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees. The lease may not: Authorize a confessed judgment, whereby you waive all rights to … There are four major tenant rights laws in Baltimore County and throughout Maryland. Go to the hearing and be on time. If the tenant dies, the estate of the tenant is liable for rent. Maryland Laws on Repairs: Tenant’s Right, Landlord’s Duty The landlord must repair serious and dangerous defects on their rental properties. When she moved out, the landlord kept her security deposit to repaint the apartment and replace the living room carpet. This notice must advise the landlord of your new address and request the return of your deposit. Note how many days in advance you will have to notify the landlord if you don't wish to renew the lease. The landlord was able to rent to a new tenant three days after Daniel moved out. It's a new contract between you and the landlord, and any of the terms may be different from the terms in your prior lease. The lease must also specify the landlord’s and the tenant’s obligations as to heat, gas, electricity, water, and repair of the premises. Who is responsible for paying their share of the rent? Abuse of access rights by either tenant or landlord can be a basis for termination of the lease. Before and after you sign a lease, Maryland law protects you against... Maryland Tenant Rights Laws at a Glance. Other leases may contain a clause that allows a tenant to cancel the lease if the tenant is transferred by an employer to a location a certain number of miles away. The landlord must also give the tenant a “Protect Your Family from Lead in Your Home" pamphlet, which explains the dangers of lead-based paint hazards.Back to top, It may be illegal for a landlord to require that a family disclose the blood lead levels of their children prior to the approval of their rental application, or to discriminate by refusing to rent to families with children or families with lead-poisoned children. If you feel your rights as a tenant have been broken, you have a number of ways to correct this. For information about possible sources of funding to help prevent an eviction check out the 211MD website . Tenant's right to read meters. By following certain steps, she can deposit her rent money into an escrow account established at the District Court instead of paying rent to her landlord. The tenant must provide proof of this written notice. Maryland Landlord - Tenant Questions & Answers 1 Answer | Asked in Landlord - Tenant for Maryland on Jan 13, 2021 Q: hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system While most tenant rights are governed by what is negotiate and set forth in the lease or rental agreement, all leases must comply with Maryland's landlord-tenant regulations. The landlord also can't take any of these actions if you complain to them, file a good-faith complaint against them with the housing inspection department or other agency, or file a lawsuit. Q. Kevin and two fellow college students rented a house. The Maryland State Bar Association’s Public Awareness Committee has prepared this information. The lease may not: If you request it in writing, a landlord must give you a copy of a lease before you decide whether to rent. A landlord has the right to charge the tenant a reasonable fee for changing the locks. If you are not satisfied with the explanation, you may want to pursue the matter further. Some counties and Baltimore City have comprehensive housing and building codes that are enforced by local authorities. There is a $25 penalty if the landlord fails to give you a receipt. Could the landlord do that? Unfortunately, there are no hard and fast rules that fit every situation. Can I hold back part of my rent until he does? If you didn't note the stains as preexisting, it will be hard to prove and the landlord may have a right to hold back part of your security deposit. Q. Jason was supposed to move into his new apartment on March 1st, but the previous tenant did not move out on time and the landlord said the apartment would not be ready until the 6th. See Maryland Tenant Rights to Withhold Rent for more information about these strategies, including their limitations. Real Property, Title 8: Landlord and Tenant, Real Property, Title 8A: Mobile Home Parks Environment 6-801-852, Lead paint hazard reduction, Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992. This brochure has been prepared by the Maryland State … If you do not move out when your lease has ended, your landlord may evict you for “holding over." This is often the point on which landlords and tenants disagree. Online Inquiry Form; Community Engagement Request Form If he chose to wait for the apartment, he could find temporary lodging, put his furniture into storage, and have the landlord pay for those expenses, as well as additional moving expenses. A. Q. Daniel broke his lease when he bought a house. A. However, generally a landlord may legally begin eviction proceedings as soon as your rent is late. The purpose of this inspection is to document the condition of the rental unit. Maryland Fair Housing Resources. If you enter into an oral contract, it's very important that you know your and your landlord's legal rights and responsibilities. A. The landlord must send this deposit by first class mail and must include whatever portion of the deposit that is owed back to the tenant. See “Evictions" above for more information. Nonpayment of rent. Landlords in Maryland must comply with the state’s landlord and tenant act, and some local county governments may require landlords to comply with additional residential real estate laws, according to their local ordinances. See “Evictions" above for more information. If you paid all your rent and didn't cause any damages, the landlord will return your security deposit. Under a typical lease, a landlord … These are: Under the Fair Housing Law, landlords are prohibited from doing any of the following: In Maryland, certain owner-occupants are exempt from following certain fair housing rules. If the landlord does not remedy the issue within 30 days of receiving notice, … You can access these laws at many county libraries or look up specific sections of Maryland laws at http://mgaleg.maryland.gov/ (click on the “Statutes" tab). A landlord wouldn't rent to me, and I think it's a case of discrimination. The tenant or tenant’s agent provided written notice to the landlord or a government agency about a violation of the lease. A landlord can evict you for: In addition, the state's attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities. Under these circumstances, you should send a written notice to the landlord by first-class mail within 45 days of being evicted or leaving the property. The Maryland Commission on Civil Rights investigates complaints of housing discrimination based on race, color, religion, national origin, sex, age, familial status, or physical or mental handicap. 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