Once the landlord receives the written request, they must take certain steps. Some counties and Baltimore City have comprehensive housing and building codes that are enforced by local authorities. Can I hold back part of my rent until he does? A free, printed copy of this booklet may be ordered by calling the Consumer Protection Division at (410) 576-6500. Some funding may be available for certain tenants to help catch up on missed rent payments. This Act, which was created in 1968, was meant to protect citizens across the United States from any type of unfair treatment when dealing with housing situations. 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. 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. This inspection must take place within five days of tenant move out. If the security deposit is more than fifty dollars, then the account must earn interest. A landlord’s action to put a tenant out of his or her housing is called an eviction. 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. Domestic violence and sexual assault victims can terminate their lease early without any penalty. 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. No. 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. 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. A landlord cannot evict you simply because you have filed a complaint or a lawsuit against him or her or because you have joined a tenants' association. The tenant must pay this fee within 45 days of having the locks changed. Richard may choose to pay the landlord directly or the damage or have the damages paid from the surety bond. This is a discriminatory statement, and the landlord could be charged with violating the Fair Housing Act. 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. The landlord tenant laws of the State of Maryland set forth the statutes that governs the rights and responsibilities of landlord tenant relationships. If the landlord does not, the tenant has the right to change the locks. Tenant Rights 211md.org > Legal & Tax Services > Tenant Rights The Maryland Attorney General Consumer Protection Division publishes a free guide on tenant and landlord rights. 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. The landlord can evict the students, but must follow the process set forth by Maryland law. It’s important to know all of this about Maryland tenant rights: 1. However, a landlord is required to make a reasonable effort to re-rent the apartment to limit losses. The landlord must send a list of damages to the rental unit and costs incurred to repair them to you by first-class mail within 45 days. A landlord cannot evict you, increase your rent, or fail to provide services because you organize or join a tenants' organization. The landlord says I damaged the carpet, but the stains were there when I moved in. Tenant and Fair Housing Intake Line Our Intake Line is available Tuesday and Wednesday, from 10 AM until 2 PM: 443-447-7336. Perform Full Risk Reduction Measures (lead hazard treatments) in the property and get a Risk Reduction Certificate, and give you a copy of the certificate before you move in. Where the tenant is federally subsidized, the landlord may terminate the tenancy only if the landlord has a valid reason for terminating the tenancy. My roommate or another tenant stops payment or moves out before their lease is up. Send the notice by certified mail if you want to have proof that it was received on time. If a landlord fails to allow you to take possession of your rental unit at the beginning of your lease, you have the right to cancel the lease with written notice to the landlord. WHAT IS A LEASE? A landlord is required to give a tenant a receipt for a rent payment upon request or one that is paid in cash. 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. An automatic renewal provision in a lease must provide space for the tenant to give written acknowledgment agreeing to the provision. The lease may not: • Authorize a confessed judgment, whereby you waive all rights to defend yourself; 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. In order to do this, a couple of conditions must be met. Victims of sexual assault must also include a copy of a peace order which has been issued to them. Your lease or local laws may give you a certain period of time (for example, five days) before a late fee is assessed. 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 lease may not: Authorize a confessed judgment, whereby you waive all rights to … I thought that was what the security deposit was for. Maryland Landlord Tenant Laws also provide the … However, a written lease is strongly recommended to help landlords and tenants avoid disputes. A landlord is entitled to keep an application fee of $25 or less. The Maryland Department of Housing and Community Development has a Rental Security Deposit Calculator on its website at http://www.dhcd.maryland.gov to help you calculate this interest rate. In order for a court to even consider a landlord’s action to be retaliation, the landlord’s action must have occurred within six months of a tenant committing an action, such as filing a complaint against the landlord. 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. Q. 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. The security deposit, plus interest, less any damages rightfully withheld, must be returned within 45 days of your notice. Maryland Fair Housing Resources. Q. Richard paid a $200 premium for a surety bond when he moved into his apartment. The tenant or tenant’s agent provided written notice to the landlord or a government agency about a violation of the lease. The Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord. These include; MD tenant rights, federal tenant rights, security deposit laws/rights, and landlord retaliation laws. Read 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. 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. Real Property Code Section 8-328 – “If a tenant under a lease dies…distress may be brought against a tenant named in the lease regardless of death.” The statute then lays out two different rules for service of process. 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. Unfortunately, while the landlord may be legally responsible for your expenses in this situation, it may not be easy to obtain payment. For tenancies that began on or after January 1, 2015, the interest rate is payable at 1.5 percent a year OR the simple interest rate accrued at the daily U.S. Treasury yield curve rate for one year, as of the first business day of each year, whichever is greater. The landlord is required to assure that the tenant may have possession of the premises at the beginning of the lease term. 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. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. For this very reason, Maryland has a law which protects tenants in case a landlord tries to retaliate against them. If the landlord meets either of these two requirements, the landlord does not have to follow the fair housing rules for the following classes of people: The landlord must still follow the fair housing rules for the following the federal guidelines that include, color, disability, family status, national origin, race, and religion. Should Tyrone and Sarah be satisfied with that answer? Maryland state law has no rent control provisions, although local jurisdictions may have rent control laws. Some landlords have been sued for these actions.Back to top. To terminate the lease, the tenant must provide the landlord with written notice, either by mail or by hand delivery, of their desire to terminate the lease. Maryland 103/104/108 Corridor Study; Active Transportation + Complete Streets. A landlord has the right to charge the tenant a reasonable fee for changing the locks. Lisa then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. 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 landlord may keep an application fee of $25 or less. Some leases don't have automatic renewal provisions, so you must sign a new lease if you wish to continue renting. Victims of domestic violence and sexual assault have special rights under Maryland’s landlord-tenant laws. To evict you, a landlord must go to District Court to get a judgment against you. 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. Therefore if the tenant dies, the estate of the tenant is still liable for rent. 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. An additional emergency order prohibits electric, gas, water, sewage, phone, cable TV, and internet service provider companies from shutting off any residential cust… 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. 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. When she moved out, the landlord kept her security deposit to repaint the apartment and replace the living room carpet. One right that every tenant is entitled to is the freedom from discrimination in any housing activity. 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. Can a landlord evict me just by telling me to leave or else they will put my things on the street? There is a $25 penalty if the landlord fails to give you a receipt. If she stopped paying rent, the landlord could evict her. In the State of Maryland, the eviction laws and landlord tenant laws are contained in the Maryland Code, Real Property Section, Title 8. Toward that, DHCA is responsible for inspecting apartment buildings for certain safe housing conditions and promoting tenant rights. The tenant has the right to have their security deposit returned within 45 days of move out. The lease stated that only three non-related adults could occupy the house, but Kevin invited two more students to move in to share costs. Was the landlord correct? If you are not satisfied with the explanation, you may want to pursue the matter further. There are specific rules Maryland landlords must follow when returning a tenant’s security deposit. Do I have to pay the last month's rent? This list must include the exact deductions that have been taken and the dollar amount for each deduction. Additionally each lease include certain rights … My landlord has not repaired my dishwasher. Read the Law: Md. A. Yes. Landlords in Maryland must store tenants’ security deposits in a separate account that is only for security deposits. Enforces the Maryland Consumer Protection law. Yes. 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. 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. Note: a non-bona fide tenant cannot take advantage of the 90 day notice requirement and purchaser can file the motion for judgment of possession immediately; Fourth Notice Tenant must be served with a copy of the motion for judgment of possession; Md. A landlord has a vacancy at their rental property. Q. Tiffany lived in an apartment for five years. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. Even if your roommate/other tenant is listed on the lease, you may be held liable for the full rent payment. Maryland tenants who have been victims of domestic violence or sexual assault may have the right to have the locks on their unit changed. Tenants who have been victims of domestic violence or victims of sexual assault have certain rights under Maryland law. Fair Housing Resource Guide – Maryland Association of REALTORS® Tenant Rights, Laws and Protections: Maryland; HUD in Maryland; Other State Resources. The purpose of this inspection is to document the condition of the rental unit. 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. If a court comes to the conclusion that a landlord has performed a retaliatory action, then the court could award the tenant up to three months’ rent, plus reasonable court costs and attorney’s fees. After neighbors complained about loud parties, the landlord discovered the extra tenants. In Maryland, tenants have a double layer of protection. The excess amount must be returned to you within 15 days after you've moved in or after you or the landlord has given written notification that the rental won't take place. 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. 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). Baltimore City has a rent escrow law that is very similar to state law. If a landlord moves your belongings out of the home, changes the locks or cuts off utilities without a court order, you should call the police and an attorney or a legal services organization. The receipt or lease should state your right to receive from the landlord a written list of all existing damages in the rental property, if you make a written request for it within 15 days of taking occupancy. Landlords and Tenants: Tips on Avoiding Disputes – Attorney General of Maryland – Brian E. Frosh; Landlords and Tenants… Also, the landlord is liable to you for any damages you suffer as a result of not being able to move in at the beginning of the lease, whether or not you decide to cancel the lease. 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. The amount of the surety bond cannot, on its own or combined with any security deposit, exceed two months' rent. ... as required by the Real Property Article of the Annotated Code of Maryland. The tenant or tenant’s agent has complained about a possible lead-based paint hazard at the property. A landlord may not keep a tenant's security deposit to pay for touch-ups and replacements needed due to normal wear and tear. Landlords and tenants in Maryland must become familiar with Maryland’s landlord-tenant laws. Learn more about these laws/rights and how to avoid breaking them as a Baltimore, MD landlord below. 2. She asked the first landlord if he would refund her application fee, but he said the fee was nonrefundable. However, he said he was keeping Daniel's security deposit because he had broken the lease. 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. Community Engagement; Complete Streets Implementation Team; Complete Streets Projects; Transportation Town Hall; Active Transportation Open House + E-Scooters. The following are common reasons that a landlord may retaliate against a tenant: The Maryland State Code sees increasing a tenant’s rent and decreasing services to the tenant as retaliatory actions. A Maryland landlord tenant attorney can help you defend against the eviction and advise you as to any rights you may have with respect to the circumstances surrounding the notice given by your landlord. Tenant and Landlord Laws in Maryland. Breach of lease. Helpful information for tenants and landlords can also be found in a pamphlet produced by the Environmental Protection Agency, U.S. Consumer Product Safety Commission, and U.S. Department of Housing and Urban Development (http://www.epa.gov/lead/protect-your-family-lead-your-home). 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). If the landlord fails to do this, you may go to court to file a rent escrow action. 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