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. 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). 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. The lease must also specify the landlord’s and the tenant’s obligations as to heat, gas, electricity, water, and repair of the premises. This list must include the exact deductions that have been taken and the dollar amount for each deduction. Q. Tiffany lived in an apartment for five years. 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. The appeal must be made within four days of the date of judgment in nonpayment of rent cases and 10 days in breach of lease or holding over cases. A landlord is required to give a tenant a receipt for a rent payment upon request or one that is paid in cash. ... as required by the Real Property Article of the Annotated Code of Maryland. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed. Once the property is moved from the unit, it is the tenant's responsibility. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. A: To protect yourself, always give the landlord written notice of your intention to move out, and keep a copy for yourself. A surety bond is a bond that a tenant can purchase to protect a landlord from damages to the rental premises in excess of ordinary wear and tear, lost rent, or damages due to breach of lease. Renters Have Rights when their Landlord is Facing Foreclosure Brochure Find a New Apartment MDHousingsearch.org – a free service sponsored by the Maryland Department of Housing and Community Development that lists rental properties throughout the state of Maryland. Tenants who have been victims of domestic violence or victims of sexual assault have certain rights under Maryland law. 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. Q. Allison knew she had to give her landlord 30 days' notice before moving out. The landlord places an online ad in an attempt to find a new tenant. The Maryland state government addresses domestic violence in §§ 8-402, 8-5A-01 to 8-5A-06​ of the State Code. State law defines when a hotel guest becomes recognized as a tenant under the law. Unfortunately, there are no hard and fast rules that fit every situation. A landlord may keep an application fee of $25 or less. There are specific rules Maryland landlords must follow when returning a tenant’s security deposit. By using The Balance Small Business, you accept our. Fair Housing Resource Guide – Maryland Association of REALTORS® Tenant Rights, Laws and Protections: Maryland; HUD in Maryland; Other State Resources. Note how many days in advance you will have to notify the landlord if you don't wish to renew the lease. Tenants who have been victims of domestic violence or sexual assault have the right to terminate their lease agreement early without penalty. The lease must also specify the landlord's and the tenant's obligations as to heat, gas, electricity, water, and repair of the premises. However, it would be to your advantage to clarify things by having a written lease. Check with your city or county government for more information.​, 410-576-6300 / En español 410-230-1712 / 1-888-743-0023 toll-free / TTY: Dial 7-1-1 or 800-735-2258, Right to Take Possession at Beginning of Lease, Rent Escrow: When the Landlord Fails to Make Repairs, Landlords and Tenants: Tips on Avoiding Disputes, Arrendadore Y arrendatarios: Consejos para evitar conflictos, Landlords and Tenants: Tips on Avoiding Disputes, Arrendadores y arrendatarios: Consejos para evitar conflictos​, Right To Take Possession At Beginning Of Lease, Rent Escrow: When The Landlord Fails To Make Repairs, Assistance With Rental Problems/Resources, www.marylandattorneygeneral.gov/Pages/CPD/, Relevant Laws Concerning Landlord-Tenant Issues in Maryland, Right of tenant to possession at beginning of lease, Requirement of landlord to give tenant receipt, Retaliatory actions for informing landlord of, Liability of military personnel receiving certain orders. In reviewing this booklet, keep in mind that many Maryland counties and Baltimore City have different landlord/tenant laws … If you noted the stains on a move-in inspection form or a list of damages, you have proof that you didn't cause the stains. 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. 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. 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. In Maryland, a legal eviction requires a landlord to go to district court to obtain an eviction order against a tenant. More importantly, Maryland law requires landlords renting homes built before 1978 to give the tenant a Risk Reduction Certificate proving that the property has had lead risk reduction measures taken. Depending on local laws, “the tenant may have the first opportunity to buy the house,” explains Ernie Rafailides, a Maryland licensed attorney with over 30 years of experience. However, he said he was keeping Daniel's security deposit because he had broken the lease. Do I have a grace period for late rent payments? When returning security deposits of $50 or more, the landlord must include simple interest of 3 percent per year, accrued at monthly intervals from the date the security deposit was paid for all tenancies that were initiated prior to January 1, 2015. 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. Tenants may have specific rights, protections, and defenses that an attorney can assert for them. These rules act as a supplement to federal law. The Division also enforces the state Mobile Home Park Law … A. 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. A lease may not contain any provision that denies rights granted to tenants under Maryland law. Serious and dangerous defects are defects that pose a … ​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. I was supposed to move in on the first of the month. An application fee is any fee other than a security deposit paid to a landlord before a lease is signed. 3. To evict you, a landlord must go to District Court to get a judgment against you. If not, the landlord forfeits the right to withhold any part of the security deposit for damages. 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. Community Engagement; Complete Streets Implementation Team; Complete Streets Projects; Transportation Town Hall; Active Transportation Open House + E-Scooters. This brochure was created by the Maryland Legal Aid Bureau, Inc. (“Legal Aid”), a non-profit organization dedicated to providing high quality legal advocacy to protect and advance human rights for individuals, families and communities. Maryland Evictions. The receipt can be included in the written lease. Breach of lease. Who can I file a complaint with? Maryland Laws on Domestic Violence and Sexual Assault. 2. If you reside in a county where a rent escrow law has been adopted, you must follow procedures required under local law for setting up an escrow account. 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. See “Return of the Security Deposit" above for more information. Consumers can download or print a consumer complaint form or file a complaint online. Tenant Allowed to Repair and Deduct Rent: Only under certain circumstances. There are four major tenant rights laws in Baltimore County and throughout Maryland. 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. She has more than 16 years of experience in real estate. A lease may not contain any provision that denies rights granted to tenants … The tenant or tenant’s agent provided written notice to the landlord or a government agency about a violation of the lease. The Maryland state government identifies fair housing practices in §§ 20-101;20-704;20-705 of the State Code. If you are overcharged, you have the right to recover up to three times the extra amount charged, plus reasonable attorney's fees. In order to withhold rent for conditions that constitute a threat to life, health, or safety, you must provide actual notice of the defects. 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. Governor Larry Hogan issued an emergency order that prohibits Maryland courts from ordering the eviction of any tenant who can show that their failure to pay rent was the result of the coronavirus disease 2019 (COVID-19). The tenant must pay this fee within 45 days of having the locks changed. Of particular importance to tenants and landlords is the Division's enforcement authority over tenant-landlord matters as defined in the Maryland Code, Real Property Article. Landlord-Tenant Laws (Maryland caselaw) Tenant's Right of Possession and Right of Entry by Landlord. Landlord Tenant – Summary of Residential Landlord Tenant Law – Maryland. 5. A. Where the tenant is federally subsidized, the landlord may terminate the tenancy only if the landlord has a valid reason for terminating the tenancy. The landlord must provide the tenant with the new key within 48 hours. Maryland’s landlord-tenant law requires landlords to conduct a walk-through inspection. Maryland landlord/renter concerns vary according to county and city laws. A landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the state. Maryland state law has no rent control provisions, although local jurisdictions may have rent control laws. The lease may not: • Authorize a confessed judgment, whereby you waive all rights to defend yourself; Is this a legal contract? WHAT IS A LEASE? If you anticipate a job transfer, ask the landlord to add a job transfer clause to the contract that would allow you to end the lease early, with appropriate notice. No. Go to the hearing and be on time. Was the landlord correct? A tenant can try to prove a landlord committed an act of retaliation when the landlord files to evict the tenant or when an action of the landlord causes damages for the tenant. Yes. A landlord is entitled to keep an application fee of $25 or less. Toward that, DHCA is responsible for inspecting apartment buildings for certain safe housing conditions and promoting tenant rights. MDE's pamphlet: Notice of Tenants' Rights , Prevencion del enenamiento por plomo (If unit was built before 1978 or is an "Opt-In" unit) On the last page of this pamphlet is "The Notice of Defect/Notice of … The landlord's nephew, who is also a tenant in the complex, reported this activity to the landlord. 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/. After he moved out, the landlord performed an inspection of his unit and sent a letter stating that Richard owed $150 for damage done to the bathroom and requested payment for the damages. The serious or dangerous conditions include, but are not limited to: Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls, or ceiling. If she stopped paying rent, the landlord could evict her. Section 8. A summary of Maryland state laws governing the landlord-tenant relationship is... Mary… If you require legal help to resolve a landlord-tenant dispute, and are financially eligible for its services, you can go to one of the Legal Aid offices located throughout the state. Did the landlord have the right to keep the fee? The landlord says I damaged the carpet, but the stains were there when I moved in. The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If you do not move out when your lease has ended, your landlord may evict you for “holding over." The tenant or tenant’s agent provided written notice to the landlord or a government agency about a health or safety violation at the property. 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. Could the landlord do that? 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. The security deposit, plus interest, less any damages rightfully withheld, must be returned within 45 days of your notice. Tenant Rights and Responsibilities When Signing a Lease in Maryland A lease obligates both you and your landlord for a set period of time, usually a year. Legal Responsibilities of Landlords and Tenants Landlords in Maryland have a legal obligation to keep their properties ‘habitable’ – that means ensuring that the unit is safe, includes basic … Under a law that the Maryland General Assembly passed in 1986, every county must adopt a housing code that meets minimum statewide standards. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. You can notify the landlord by certified mail, or they may be notified of the violations from an appropriate government agency, such as the local housing department. 4. Maryland Security Deposits. 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. If the Court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved. However, you may want to negotiate your own terms with the landlord. My landlord has not repaired my dishwasher. Yes. Exemptions From Following Fair Housing Law, Tenant’s Right After Landlord Retaliation, Terminating Leases After Domestic Violence, Changing Locks After Domestic Violence and Sexual Assault, Process for Giving Landlord Notice You Are Moving, Landlord Tenant Guide to California's Security Deposit Law, 4 Reasons a Connecticut Tenant Can Terminate a Lease, Landlords Have to Watch Their Steps to Avoid Breaking the Law, 8 Basic Rights of Landlords and Tenants in Connecticut, Reasons a Landlord Can Take a Tenant to Court, 5 General Obligations Every Landlord Must Follow, 6 Basic Rights of Landlords and Tenants in Arkansas, Landlord and Tenant Rights and Responsibilities in Colorado, A Landlord's Legal Timeline to Make Repairs to a Rental Property, The Balance Small Business is part of the, Maryland Real Property Code Annotated, Title 8, Refusing to rent to a tenant because they belong to a certain class, Trying to get a tenant to move because they belong to a certain class, Posting a rental ad which states certain classes of people need not apply, Having different lease terms because someone is a member of a certain class, Charging higher rents or higher security deposits because someone is a member of a certain class, Falsely stating that a unit has been rented to avoid renting to a tenant that belongs to a certain class, Refusing to make reasonable accommodations to a unit for a tenant with disabilities. While both protect the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of lease, there are underlying differences. Q. Tyrone and Sarah rented an older rowhome. Maryland Fair Housing Resources. Maryland landlords are only legally allowed to collect up to two times the monthly rent as a security deposit. Maryland tenants who have been victims of domestic violence or sexual assault may have the right to have the locks on their unit changed. Read the law: Prince George’s County Code, Subtitle 13 §13-155 . You are obligated to pay rent through the end of the lease, including the last month. The landlord must change the locks within one business day of receiving this written notice. This Notice of Tenants’ Rights explains your legal rights pursuant to the Maryland Reduction of Lead Risk in Housing Law, which went into effect on February 24, 1996. Contact the office to find out if the county has its own landlord-tenant laws that might offer you extra protection. These include; MD tenant rights, federal tenant rights, security deposit laws/rights, and landlord retaliation laws. The escrow account can only be set up by the Court. Enforces the Maryland Consumer Protection law. These laws spell out the specific rules and responsibilities both landlords and tenants must follow. When the district court decides in your favor, the typical eviction process in Maryland can take two to four months to complete, sometimes longer if your tenant refuses to move. Send the notice by certified mail if you want to have proof that it was received on time. The landlord does not have to give you advance notice. Rule 14-102; Fifth Notice. 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. Examples include losing employment, needing to care for a school-aged child,or being diagnosed with COVID-19. 2 www.mdlab.org What is an Eviction? If you fail to give this notice in time, your lease could be automatically renewed. The lease may not: Authorize a confessed judgment, whereby you waive all rights to … A tenant can report the landlord to local authorities. 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. 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