Landlord-Tenant Publication

Yes. The owner of a residential unit must have a rental housing license before entering into a lease with a tenant. The landlord must provide a copy of the license to the tenant, or if the landlord has not yet received the license, provide a copy of the application for the license to the tenant and provide a copy of the license to the tenant not later than seven days before the lease terms begins (HCC § 17.1008). Rental Housing Licenses are issued by the Rental House Office of the Department of Inspections, Licensing and Permits (DILP). To find out whether a property is currently licensed, call DILP at 410-313-1830.

If the owner fails to provide proof of license, the tenant may, at any time before the license is obtained, terminate the lease without penalty. HCC § 17.1008(C). Leases must state that if the owner fails to maintain a rental housing license for 15 consecutive calendar days or more during the tenant’s lease period, the tenant may terminate the lease without penalty and get back their security deposit (less damages plus interest). HCC § 17.1009(B).
The failure of landlord to obtain a license will affect their ability to use the court system to evict a tenant, collect rent from tenants and terminate a tenancy.
 

Before a landlord can get a license, the landlord must pay a fee and meet the requirements of Howard County Property Maintenance Code for Rental Housing. A rental housing license is valid for a period of two years but may be revoked or suspended by the director of the Department of Inspections Licenses and Permits (DILP) if the landlord violates the code requirements. For more information on getting a license, visit the link below or call them at 410-313-1830.

Where DILP handles issues related to living conditions (see below), the Office of Consumer Protection (OCP) handles matters arising from the lease. Under county law on Landlord Tenant Relations (see HCC § 17.1004), OCP has the authority to:

• Investigate and mediate complaints against landlords who violate Howard County’s landlord tenant law or engage in deceptive or unfair trade practices, including most violations of the Maryland’s Landlord-Tenant Act.
• Initiate its own investigations.
• Enforce the landlord tenant law to the same extent as consumer protection law.
  • Landlords must make records available for inspection at reasonable times.
  • OCP may issues subpoenas to compel the production of evidence.
• Educate tenants and landlords through public hearings, meetings, written publications, etc.

OCP can seek civil penalties (the first violation is a class B offense [$250 - $500 fine], subsequent violations are Class A offenses [$500 - $1000 fine]) and/or bring a civil action for fines of up to $500 per violation, injunctions, restraining orders, or other appropriate relief to correct the violation. HCC § 17.1016. Its authority under HCC 17.400 provides additional investigatory and enforcement authority if deceptive or unfair trade practices are involved.
 

The Department of Inspections, Licenses and Permits (DILP) takes complaints that allege that the property is not licensed as a rental unit or that it does not meet the requirements of the Howard County Property Maintenance Code for Rental Housing (habitability, non-functioning appliances, pests, etc.). If you have a complaint about habitability or lack of licensing, contact DILP at rentalhousing@howardcountymd.gov or 410-313-1830.

Investigates and processes complaints of unlawful discrimination in Employment, Housing, Public Accommodation, and Financing (Lending Institutions). The Office accepts complaints by Law Enforcement, but the complaint will be investigated by the Howard County Police Department. For questions and complaints about unlawful discrimination, contact the Howard County Office of Human Rights and Equity (OHRE) at https://www.howardcountymd.gov/OHRE or call 410-313-6430.

Yes. You can exercise your rights or seek a remedy in court for violations of both State and County law. HCC § 17.1017.

The application must explain the liabilities that will be incurred by signing the application. Applicants must be given a copy of the proposed lease when they submit their applications and a link to this Guide. If the landlord intends to obtain a copy of the applicant’s credit report, the application must say so. If the application is denied because of information in the credit report, the landlord must provide the name and address of the credit reporting agency that issued the report and must advise the applicant of their right to get a copy of the report and dispute inaccurate information as provided by state law.

Both County and State law limit the application fee (under any name) to $25. If a landlord charges an application fee (or other fee that is essentially to process the application) which exceeds $25:

• The landlord may only keep that portion of the fee that was actually spent on a credit report or other expenses to process the application before it. If challenged, the landlord may be asked to show the charges incurred to process that individual application.
• The excess amount must be refunded within 15 days after the tenant has moved in or within 15 days after either the tenant or landlord has given written notice of their decision not to rent.
• If the landlord doesn’t return the fees as required, the landlord will be liable for twice the amount of the fees in damages.
• A security deposit does not count towards the $25 limit on application fees. The limits on security deposits are described in the Security Deposits section below.
• If the landlord accepts a reusable tenant screening report (prepared by a consumer reporting agency on request by a prospective tenant) as a way to access a prospective tenant’s credit and rental history, the landlord cannot charge the tenant an additional fee to access that information.

The tenant should ask the landlord to provide a written explanation of exactly what expenses were incurred. If the tenant is not satisfied with the explanation, the tenant can file a complaint with the Howard County Office of Consumer Protection. An application fee is the fee charged to process an application (no matter what names are given to the fees).

When the application is approved, the landlord must give the applicant:

• A written notice that they can look at the unit, or a substantially similar unit before signing the lease, and that if on final inspection before the lease terms begins, the tenant finds the unit not to be substantially similar to the unit that was originally shown, the tenant may select a different unit or terminate the lease.
• A written notice that the landlord must have a license before the unit is occupied, and that if the landlord fails to provide this notice, the tenant may terminate the lease without penalty and get back their security deposit (minus damages, plus interest).
• A copy of the governing documents of any common ownership community that bind the landlord and affects the use and occupancy of the unit or common areas.
• A link to this Guide, written in English or any other language of the tenant’s choice, if the office makes the publication available in that language; provided that, the notification of this tenant right is offered to the prospective tenant in all languages available at the time of application. HCC § 17.1008 B (iv).

The landlord must obtain the applicant’s written acknowledgement of receipt of this information.

A lease is a contract between a tenant and landlord for the rental of property.

A lease can run for a set period of time (such as a year), or run “month-to-month.” Month-to-month leases continue indefinitely until either the landlord or tenant provides the other with notice of their intention to end the tenancy. A lease with a set-duration terminates at the end of the stated period. Some leases, however, contain a clause that provides that the lease will “automatically renew” for another term unless one of the parties actively notifies the other of their intention to terminate (see below). Automatic renewal clauses must be set apart from other lease terms and be signed/initialed by the tenant to be effective. MD. REAL PROP. § 8-208(e). A residential lease that terminates without a new lease being signed, and in the absence of other renewal provisions, becomes a month to month lease with the rest of the terms of the lease remaining in force.

Yes. In Howard County, landlords must provide written leases. Lease addendums can be used if initialed by the tenant. HCC §17.1003(C).

No. There are no state-wide or Howard County rent control laws. Tenants should comparison shop to find the best rental property for their budget. Amenity fees are always optional. Always ask what fees are mandatorily charged, too.  Mandatory fees are limited by HCC §17.1010(12),(13). The landlord may only charge you for processing your application, the security deposit, rent, the cost of utility services listed in the lease, and fees for optional amenities (e.g., pets, pools or fitness centers). No other mandatory fees or charges may be included in the lease. If the landlord lets you change units during the lease term, you cannot be charged a transfer fee. If you have a question whether any of the mandatory fees can legally be charged, contact the Howard County Office of Consumer Protection.

Yes. While many landlords use a standard lease for all their tenants, state law does limit the ability to waive several specific things in a residential lease as outlined below. Landlords should not ask you to waive rights under State or County laws. If the landlord has made any verbal promises or representations, the tenant should request that they be added to the written lease to be enforceable at a designated time.

Additional terms can be written on the agreement and terms that are unacceptable can be crossed out so long as the landlord agrees, and they are not contrary to state or local laws. Tenants should make sure that all changes are dated and initialed by both parties.
 

Under HCC §17.1009 and MD. REAL PROP. §8-208, leases must:

• State where the tenant can inspect the landlord’s rental housing license, and state that if the landlord fails to renew its license during the lease period, the tenant may terminate the lease without penalty.
• State that if the landlord receives a notice of violation of the county’s rental housing code, and does not correct the violation by the date specified by the DILP, the tenant may either terminate the lease without penalty or request that a rent escrow account be established for the payment of rent until the violation, condition or defect is abated.
• State that the premises will be delivered in a clean, habitable and sanitary condition, free of rodents or vermin, and in compliance with all applicable laws.
• Include the landlord’s responsibility for maintaining the unit according to Howard County law and incorporate by reference the county’s building, fire prevention, property maintenance codes and zoning regulations as an express warranty of habitability and covenant to repair.
• Specifically describe the landlord and tenant’s obligations to supply and pay for heat, gas, electricity, water, sewer service, trash collection, repair of the premises and similar services. If the tenant is required to pay the landlord for such services, the landlord cannot collect more than the amount listed on an itemized invoice and must provide substantiation upon request.
• If a Ratio Utility Billing System (RUBS) is used to calculate a tenant’s utility payment, the lease must include specific information (described below) about the system and how payments will be calculated.
• Provide a link to the property’s pet policy on the website and application (§ 8-210(c))  .
• State that security deposits will be collected, deposited and retuned as required by state law, and that upon request, the landlord must provide written substantiation of the damage and costs incurred to correct the damage. MD. REAL PROP. § 8-203.1 requires a receipt (can be included in the lease) for the security deposit be given that contains the tenant’s security deposit rights, including that the tenant may be present when the landlord inspects the premises for damage and describe the procedure for exercising that right.
• State that written receipts will be given for cash or money order payments.
• State when the landlord may enter the dwelling unit, as discussed below.
• State the conditions (listed below) under which a lease may be terminated early.
• If the unit is in a common ownership community, state that any obligation imposed on the owner of the unit that affects the use and occupancy of the unit or common area is enforceable against the tenant.
• Provide the name, address and telephone number of the landlord or the person who is authorized to accept service of process on behalf of the landlord (alternatively, this may be posted in a conspicuous place on the property instead of in the lease).
• A landlord for a property in the Columbia Association (CA) must include information that the tenant is subject to the covenants of the CA, along with the rights and privileges of being a member of the CA.
   

Under HCC § 17.1010 and MD. REAL PROP. § 8-208, a lease may NOT:

• Authorize a confessed judgment, whereby tenants waive their right to defend themselves.
• Waive tenants’ right to a jury trial.
• Waive any of the tenant’s rights or remedies provided by law, including the landlord’s duty to mitigate damages (MD. REAL PROP. § 8-207(d)), and the tenant’s right to deduct from rent any money paid for utility service if the lease requires the landlord to pay the utility bill (MD. REAL PROP. § 8-212.3).
• State that the tenant agrees to a period required for landlord’s notice to quit that is less than that provided by law.
• Give the landlord the right to evict the tenant or take the tenant’s personal possessions without a court judgment.
• State that the tenant agrees to pay court costs, legal fees or attorney fees other than those that a court awards for the tenant’s breach of lease.
• Impose a penalty or subject the tenant to legal action for non-payment of rent if the delinquent payment is made within six days after the date on which the rent is due, unless the tenant is in arrears from the previous month.
• Impose a penalty of more than five percent of the amount of rent due for the period for which the payment is delinquent.
• Require that a tenant pay to replace or repair structural elements of the building, major appliances or electrical, plumbing, heating or air conditioning systems unless replacement or repair is required because of the actions of the tenant or person for whom the tenant is responsible.
• Require the tenant to pay any money other than an application fee, security deposit, rent, utility charges specified in the lease or optional fees for specified amenities or common areas that the tenant may elect to use, including but not limited to dedicated parking spaces, pools or fitness facilities.
• Require the tenant to pay a transfer fee or other money not otherwise permitted under Maryland law, for moving from one unit to another within an apartment complex during the lease period. However, the landlord may withhold money from the security deposit for damage to the original unit and apply the remainder to the security deposit on the new unit.
• Require that a tenant pay any fees not specifically permitted by law.
• Allow a landlord to evict a tenant or terminate a tenancy solely as retaliation against the tenant’s planning, organizing or joining a tenant organization with the purpose of negotiating collectively with the landlord during the term of the lease. Note retaliatory eviction is prohibited in HCC § 17.1014 but there is no lease disclosure requirement.
• Allow the landlord to send electronic notices of rent increases.
• Contain provisions that are against public policy and void under MD. REAL PROP. § 8-105.
• State that the lease is a contract under seal.

Yes. The landlord must give you a copy of the proposed lease when you submit your application (HCC § 17.1008(A)(1)), and a fully-executed copy of the lease within seven days after signing the lease. HCC §17.1011.

• A link or print out of this Howard County Landlord-Tenant Assistance Publication in the language of the tenant's choice. 
• A copy of the Tenants Bill of Rights issued by the Maryland Office of Tenant and Landlord Affairs.
• For leases in the Columbia Association, a copy of the governing documents must be provided or information given on where to find them.
   

Landlord is required to provide proper notice to terminate a lease. For a tenancy with a term longer than one week or a month-to-month tenancy, notice of lease termination must be provided 60 days before the expiration of the lease. For a year-to-year tenancy, a 90-day-notice must be given. The tenant is required to provide notice to terminate as stated in the lease. MD Real Prop §8-402 (c)(2).

These clauses allow the lease to automatically renew for another term, or on a month-to-month basis, unless the landlord or tenant gives proper notice that they will not renew. To be enforceable, the automatic renewal clause must be distinctly set apart from other lease provisions and provide a space for the written acknowledgment of the tenant’s acceptance. MD. REAL PROP. §8-208(e).
 

If the lease has an automatic renewal clause, the landlord must notify tenants of any rent increase or other changes within the required noted period listed below. This notice must be delivered through certified mail, unless the tenant actively and voluntarily agrees to accept electronic delivery.

• For a tenancy with a term length between one week and one month, notice of a rent increase must be provided at least 60 days in advance.
• For a tenancy with a term of more than one month, notice must be provided at least 90 days in advance.
• For a tenancy with a term of less than one week, notice must be provided at least seven days in advance, or at least 21 days in advance if there is no written lease. MD. REAL PROP. §8-209(b).

A landlord is required to provide the tenant with a security deposit receipt which must be included in the written lease. The receipt/lease must notify the tenant of certain rights including:

• The tenant’s right to be present at the inspection of the premises at the beginning of the tenancy for the purpose of making a written list of all existing damages.
• The tenant’s right to be present at the landlord’s inspection of the rental property at the end of the tenancy to determine if any damage was done during the tenancy.
• The landlord’s obligation to conduct the inspection within five days before or after the intended move-out date.
• The tenant’s right to receive a written list of damages within 45 days after the termination of the tenancy.
• Upon the request of the tenant, the landlord shall provide written substantiation of the damage and costs incurred to correct the damage.
• The landlord’s obligation to return any unused portion of the security deposit within 45 days after the termination of the tenancy.
• A statement that the landlord’s failure to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to three times the security deposit withheld plus reasonable attorney’s fees.
   

A security deposit is any money paid by a tenant to a landlord that protects the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of the lease.

A landlord cannot collect more than one month’s rent (with limited exceptions) and cannot require more than the security deposit and one month’s rent before move-in. If the tenant is charged more, the tenant can go to court to recover up to three times the extra amount charged, plus reasonable attorney’s fees.

The landlord must put the security deposit in an interest-bearing escrow account for the duration of the tenancy. The landlord must return a tenant’s security deposit plus interest less any damages rightfully withheld within 45 days after the tenancy ends. If the landlord fails to do this, the tenant may sue for up to three times the withheld money plus reasonable attorney’s fees. The notice requirements do change if the tenant abandons or otherwise leaves the property before the end of the lease term.

The landlord may withhold some or all the security deposit to cover damages in excess of ordinary wear and tear to the rental property. If the landlord withholds any part of the security deposit to cover such damages, the landlord must send the tenant a written list of the damages, with a statement of what it actually costs to repair the damages, by first-class mail to the tenant’s last known address within 45 days after the tenant moves out. If the landlord fails to do this, the landlord loses the right to withhold any part of the security deposit.

A landlord can keep the security deposit only to the extent that the landlord has actually been damaged. For example, if a tenant moved out before the end of the lease term but the landlord was able to re-rent the property five days after
the tenant left, the landlord can only keep that portion of the security deposit that relates to the five days of lost rent and expenses he incurred in advertising the rental property.

Landlords are required to pay simple interest of 1.5% or the U.S. Treasury yield curve rate, whichever is greater each year. Interest accrues at six month intervals from the day the tenant gives the landlord the security deposit.

The Maryland Department of Housing and Community Development’s website maintains a list of the U.S. Treasury yield curve rates to be used in calculating the interest rates for security deposits along with an Interest Rate Calculator.
 

Some landlords ask tenants to get a security bond instead of paying a security deposit. Like a security deposit, a security bond protects the landlord from damages (in excess of normal wear and tear) made to the rental unit, lost rent or damages due to breach of lease. These bonds, however, do not relieve the tenant from having to pay for such damages at the end of the tenancy. Unlike a security deposit, the premium paid for a security bond is not refundable at the end of the tenancy.

No. A landlord can ask, but may not require, a tenant to purchase a security bond instead of a security deposit or in addition to a security deposit. Landlords are also not required to accept security bonds in lieu of security deposits. In other words, both the landlord and tenant must agree to the use of a security bond.

No. If damages are paid to the landlord from the security bond, the tenant will be required to reimburse the security for those damages. Further, the amount paid as the premium on the bond only covers the cost of getting the bond; it does not constitute payment toward any damages owed to the landlord.

Often, the landlord will give the prospective tenant information about a security company. Security bonds may only be issued by licensed insurance carriers. Consumers should contact the Maryland Insurance Administration to make sure that the issuer is licensed before purchasing a bond.

The price for purchasing a security bond may be less than the amount of the security deposit. If it is not, there is no advantage to buying a security bond. The amount of the security bond cannot on its own, or combined with any security deposit, exceed two month’s rent. However, even if the security bond is less expensive, tenants should keep in mind that they will not receive a refund of the money they paid for the bond (unlike a security deposit which must be refunded, plus interest, minus damages).

If a landlord fails to allow a tenant to take possession of the rental property at the beginning of the lease term, the tenant has the right to cancel the lease with written notice to the landlord before possession is delivered. The landlord is also liable for any resulting damages suffered by the tenant regardless of whether the tenant cancelled the lease. MD. REAL PROP. § 8-204.

Yes. The landlord must keep records that show the dates and amounts of rent paid. The landlord must give a receipt if the tenant pays in cash or money order. MD. REAL PROP. § 8-205(b), HCC § 17.1009(F), or upon request.

Usually, if both tenants have signed the lease, they are “jointly and severally” liable for the entire rent payment. In other words, if one tenant fails to pay a portion of the rent, both (or either) tenants can be held liable for the shortage. Therefore, both tenants can be evicted and ultimately sued for rent owed by one of the tenants. To avoid eviction, a tenant may want to cover the shortfall and then take whatever informal or legal action necessary to recover the money from the co-tenant. If only one tenant has signed the lease, that tenant is responsible for the entire rent payment. The tenant may bring a legal action against the co-tenant if the tenant can prove that they agreed to both pay the rent.

HCC § 17.1009(G) and MD Real Property §8-220 requires the tenant’s lease to:

• State that the landlord may enter the leased premises at a mutually agreed on time after giving the tenant at least 24 hours’ notice to:
  • Make necessary repairs or improvements.
  • Allow for county property maintenance inspections or
  • To show the unit to prospective buyers, mortgagees or tenants.
• State that the landlord may enter without the required notice when:
  • There is an emergency.
  • The landlord has reason to believe that the tenant may have damaged the unit or be in violation of the lease.

HCC § 17.1009(G) also states that the landlord and tenant may agree in writing to a shorter notice period. The lease may also state that tenants may not unreasonably refuse to allow the landlord to enter the leased premises for the above purposes. MD Real Property §8-220 (b)(ii) also specifies that entry can only be between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday.  Any other time must be agreed on, in writing, by the tenant.
 

Under HCC § 17.1012, tenants must be given an “emergency notice” that contains the name, title and telephone number of the landlord or at least one responsible representative who can be reached at all times. If the unit is in an apartment complex, this notice must also be posted in an accessible, conspicuous and convenient place in each apartment building.

Under HCC § 17.600 et seq., landlords who provide parking for tenants on the rental property can designate where tenants and/or visitors can park and can restrict parking to tenants only. Cars that violate restrictions can be towed at the landlord’s direction.

Under HCC § 17.603, the property must have signs posted that are clearly visible (day and night) in each parking area and at each parking area entrance. The signs must be at least 24 x 30 inches and state all parking restrictions; violator vehicles may be towed that their owners’ expense; vehicles may be redeemed by the owner 24/7; the maximum amount owner of vehicle can be charged for the tow, the name and telephone number of the tow service authorized to tow vehicles; and the contact information for the Office of Consumer Protection.

Unauthorized vehicles can be towed without posting signs if the landlord attaches a notice to the vehicle in a conspicuous place that specifies the violation of any applicable rule; includes the date and time it was attached to the vehicle; and, informs the vehicle owner that the vehicle will be towed if the violation is not corrected or the vehicle removed within the time period stated in the rule. If there is no rule, the landlord can have unauthorized vehicles towed within 48 hours after the notice is attached.

Companies that remove vehicles from private property without the permission of the vehicle owner must obtain a license from the Office of Consumer Protection, and abide by the county’s “trespass tow” statute. The statute provides requirements and restrictions on how and when vehicles may be towed and regulates the fees that may be charged to redeem towed vehicles. Tenants can contact the OCP for assistance in resolving disputes regarding the improper towing of their vehicles.

Under HCC § 17.1009(I), your lease must state that any obligations imposed on the owner of the unit that affect the use and occupancy of the unit or common areas are enforceable against you. These obligations will be stated in the association’s governing documents which the landlord must provide when you are approved as a tenant. Read through these documents to understand your obligations, and when in doubt, ask your landlord or the association’s management company or board.
 

The Maryland Renters' Rights and Stabilization Act made significant changes to increase tenant protections.  It created the Maryland Office of Landlord and Tenant Affairs (OLTA), which is now part of the Maryland Department of Housing and Community Development.  OLTA was then tasked with creating a Tenant’s Bill of Rights, which landlords are now required to give to each tenant along with their lease.  The Act also reduced the maximum amount a landlord may accept as a security deposit, and created a right of first refusal if a landlord is going to sell a leased property. 

Under HCC § 17.1009(H) and MD. REAL PROP. § 8-211, if a landlord fails to repair serious or dangerous defects in the rental property, tenants have the right to pay their rent into an escrow account established by the local district court. Rent escrow is not provided for defects that just make the property less attractive or comfortable. Examples of serious or dangerous conditions include:

• Lack of heat, light, electricity or water, unless the tenant is responsible for utilities and they were shut off because the tenant failed to pay. 
• Lack of sewage disposal.
• Rodent infestation in two or more units.
• Lead paint hazards that the landlord failed to address.
• Structural defects that present a serious threat to the tenant’s physical safety.
• Conditions that present serious fire or health hazards.
   

Under HCC § 17.1009(C), and MD. REAL PROP. § 8-212 your lease must state that the landlord must deliver and maintain the unit and common areas in a clean, habitable and sanitary condition, free of rodents and vermin and in compliance with all applicable laws, including the Howard County building code, fire prevention code, rental housing property maintenance code, and county zoning regulations. Failure to comply with these laws constitute a breach of the landlord’s express warranty of habitability and repair. If the unit is in a condo or HOA, however, the landlord is responsible for only the unit itself.
 

• Tenants must notify the landlord by certified mail of the conditions that pose a life, health or safety threat or be able to show that the landlord has been notified of the violations from an appropriate agency such as the local housing department.
• The landlord has a reasonable time after receipt of the notice to correct the conditions. If the landlord fails to do this, the tenant can petition the court to pay the rent into a rent escrow account.
• Before establishing an escrow account, the court will hold a hearing to listen to both sides of the story. If the account is set up, the tenant must continue to pay rent into the account.
• Depending on the circumstances, the court can return all or part of the rent escrow payments to the tenant, give all or part of the payments to the tenant or to the landlord to make repairs, appoint an administrator to ensure that repairs are made, or order the termination of the lease.
   

Tenants can report violations of the Howard County Property Maintenance Code for Rental Housing to DILP (410-313-1830 or rentalhousing@howardcountymd.gov), which investigates tenant complaints and, if cited for violations, the landlord will have to make repairs.

Maryland Environment Article § 6-815 requires landlords to:

• Register the property with the Maryland Department of the Environment.
• Give tenants the pamphlets Lead Poisoning Prevention: Notice of Tenant’s Rights and Protect Your Family from Lead in Your Home.
• Perform Full Risk Reduction Measures (lead hazard treatments) in the property, get a Risk Reduction Certificate and give a copy to all tenants before they move in.

Federal law requires that landlords renting properties built before 1978 disclose any known lead-based paint hazards on the property to the tenant before the lease is final.
 

No. Landlords have been sued for requiring that families disclose the blood lead levels of their children prior to approval of their rental applications, and for discriminating against families with lead-poisoned children.

Through the Tenant Mold Protection Act, a landlord is responsible to providing the pamphlet developed or used under § 6-1702 of the Environment Article to each tenant in a rental unit on the landlord's property.  A landlord is also required to perform a mold assessment within 15 days after receipt of a written notice regarding the detection of mold from a local agency enforcing housing or a tenant or building occupant.  If the assessment detects mold, the landlord shall perform mold remediation within 45 days after the assessment is complete, or if that is not possible, within a reasonable timeframe. The landlord is required to provide the tenant with updates and relevant information during the process.

The Maryland Tenant Safety Act strengthens renter protections by enforcing a strict warranty of habitability, allowing tenants to sue for repairs regarding life-safety defects (like mold or infestations) without needing to pay rent into escrow first. It enables tenants to join cases collectively, recover attorney fees, and strengthens legal defenses against landlords.

When the units of an apartment building or complex are not equipped with separate meters for measuring how much electricity, gas or water tenants use, the landlord may use a Ratio Utility Billing System (RUBS).

The system allocates a portion of the utility charge to each tenant based on factors such as the square footage of the unit, number of bedrooms or number of occupants. There is no “set formula” for calculating tenant charges. Rather the calculation can vary according to the specifics of each apartment complex. Many landlords hire third-party billing companies to make the calculations and bill tenants. The specific and precise formula must be in the lease.
 

Your lease must state that RUBS will be used. The lease must also include:

• The precise formula the landlord uses to allocate the cost of utility service minus the cost of utilities used by common and administrative areas.
• A statement that billing disputes are between the tenant and the landlord, not the third-party billing company, but the landlord may ask for assistance from that company.
• The average monthly bill for all the units in the complex during the prior calendar year, and highest and lowest month’s bill for that period.
• Information about billing such as master meter reading dates, billing and due dates.
• The amount of time allowed for the landlord to make repairs that affect the amount of allocated utility services used in the unit and in common areas if they aren’t sub-metered.
• A statement that you may request information that verifies the amount billed to the landlord.
• The amount of any service charge or administrative fee actually incurred by the landlord.
• A statement that a copy of the law governing RUBS will be made available upon request.
   

You must be billed monthly and the bill must state:

• The duration of the billing period.
• The amount due for each utility service (e.g. $X for gas; $Y for electricity).
• Any legally charged administrative fee.
• Total amount due for the billing period.
• Your name and address, the name and address of the person/company sending the bill and the name and address of the person/company to whom payment is to be made.

The due date on the bill may not be less than 15 days after it is mailed or hand-delivered to you.
 

The landlord must cover the utility costs for common and administrative areas like hallways, laundry rooms, clubhouses, meeting rooms, management offices, etc. The cost for these areas must be deducted from the utility costs for the entire building before the cost to each tenant is calculated.

The landlord must calculate a pro-rated bill by dividing the number of days you lived in the unit by the number of days in the month, multiplied by the bill for the month. For example, if the bill for the month you moved out was $100 and you lived in the unit 15 days out of a 30-day month you would pay $50 (15 ÷ 30 = .5 x $100 = $50). If you move out before the landlord receives the utility bill for the building, the landlord may calculate your final bill using your average daily bill for the last three months and multiply that amount by the number of days you lived in the unit that month.

Within 10 days after your written request, the landlord must allow you to inspect records from the current and previous calendar years that are needed to calculate and verify your bill, including:

• Utility provider bills.
• An explanation of the formula used to calculate your bill.
• The total amount billed to all tenants in your building for utilities each month.
• The total revenue collected from the tenants in your building for utilities each month.
• Any other information needed for you to calculate and verify your bill.
   

You must notify the landlord of your dispute in writing. The landlord has 30 days from the date of your dispute to investigate and respond to you in writing. The landlord cannot simply point you to the bills or any third-party billing company to discharge this duty.

If you are over-billed, the landlord must give you a refund.  If you are under-billed during the previous six months by $25 or more, the landlord may calculate an adjustment for the bills issued and offer a deferred payment plan that gives you the same amount of time to pay the bill as the period of under-billing. If the master meter was tampered with, cannot be read or out of order, the landlord may send you an estimated bill and reflect any adjustment in the subsequent bill. You may not be billed for adjustments in usage by a previous tenant.

Yes. Tenants may form, join, meet, or help others as part of a tenant organization. HCC § 17.1015. You may meet and confer with your landlord through representatives of the organization and engage in other cooperative activities for your mutual aid and protection. Tenant organizations may also file complaints on behalf of tenants.

Tenants and tenant organizations have the right to gather in meeting rooms, and other areas suitable for meetings during reasonable hours and on reasonable notice to the landlord. The landlord cannot charge you a fee for the first meeting of each month but may charge a reasonable fee for other uses of the meeting rooms or common areas but only at the same rate as charged to other groups.

Yes. You may distribute and post literature in centrally located areas so long as the origin of the literature is properly identified.

Forming an organization requires building an organizing team, surveying residents to identify shared issues, and holding a formal meeting to elect officers. We suggest you contact counsel for guidance on legal registration requirements for forming the organization and creating any needed governing documents.

A lease obligates the tenant to pay rent throughout the lease term. If a tenant breaks a lease, the landlord can hold the tenant responsible for the rent due through the remainder of the term; however, the landlord must make a reasonable effort to re-rent the apartment to limit the amount due. If the landlord is able to re-rent the unit, the tenant is responsible for the rent until the date the new tenant moves in and any reasonable cost of re-renting that unit, such as advertising fees. A landlord with multiple vacant units is not required to show or lease the vacated unit before other available units. MD. REAL PROP. § 8-207.

Some leases have a “liquidated damages clause” a “buy out clause” or “early termination clause” that allows the tenant to cancel the lease with a certain amount of notice and the payment of a specified fee. The requirement for a landlord to mitigate damages is still applicable, however. So, for example, if the fee for early termination is the equivalent of two month’s rent but the unit is re-let one month after you move, the landlord must return the overage you paid (minus any allowable costs associated with re-renting).
 

Under HCC § 17.1009(H), leases must state that tenants may terminate on 60 days’ written notice due to:

• The tenant’s involuntary change of employment that adds 50 or more miles to a tenant’s commute and must include written confirmation from the employer of the relocation and that the relocation is not paid for by their employer.
• The unemployment of a wage earner whose income was used to qualify for the lease if confirmed by their current employer.
• The death of a wage earner whose income was used to qualify for the lease, when confirmed by a death certificate. If you terminate the lease due to the above circumstances, you may be held liable for no more than two months’ rent or actual damages, whichever is less. The parties may mutually waive the lease termination requirements if the unit is one of no more than three units on a single property owned by the same landlord. Tenants who rent units in such properties should read the lease carefully to avoid waiving the termination requirements inadvertently.
   

If a person who is on active duty with the military receives change of assignment, that person or their spouse may terminate the lease on 30 days’ written notice and be liable for no more than one month’s rent after providing written notice and proof of the change of assignment. MD. REAL PROP. § 8-212.1 and HCC § 17.1009(H).

Under HCC § 17.1009(H) and MD. REAL PROP. § 8-212.2, if a physician certifies (the physician’s letterhead or printed prescription form) that a tenant meets one of the following conditions, the tenant may terminate the lease on 60 days’ notice and be liable for no more than the equivalent of two months’ rent. This applies to tenants whose medical condition either:

• Substantially restricts their mobility within the leased premises or restricts their ability to leave or enter the leased premises.
• Requires the tenant to move to a home or other facility to obtain a higher level of care than can be provided in the leased facility.
• If reasonable modifications will allow you to stay, contact the Howard County Department of Housing and Community Development at 410-313-6318 for potential options.
   

You may provide written notice to the landlord that you intend to vacate the leased premises, at which point you have up to 30 days following the notice to vacate. Notice for the termination of the lease must include a copy of a protective order or peace order issued for the benefit of the tenant, or a copy of a report by a qualified third party, to show the tenant’s status as a victim. If you inform the landlord that you have vacated the leased premises less than 30 days after your notice of intent to vacate, you are only responsible for rent for the days before you vacated the premises. MD. REAL PROP. § 8-5A-02.

Under MD. REAL PROP. § 8-217, the landlord must provide tenants of a senior housing facility (as defined in 42 USC 3607) written notice as least 180 days before the conversion. The notice must provide the date for the conversion and advise you of your right to terminate the lease any time prior to the conversion. You must provide at least a one-month notice to terminate to the landlord.

If the unit is “uninhabitable” due to fire or other unavoidable accident, the tenancy terminates and all liability for rent ceases on payment of the rent due at the time of the accident. MD. REAL PROP. § 8-112. The lease is not terminated if the property can be restored in a few days. There is no specific definition of “untenantable,” so the liability of the parties will vary on a case-by-case basis. The statute does not prohibit the parties from agreeing to a different result in the lease. Thus, where such provisions are made in the lease, the rights of the parties with respect to the termination of the lease are determined by those provisions. However, if a lease does not provide for such contingencies, then the statute controls in cases to which it is applicable.

A landlord can seek to evict a tenant from a rental unit for non-payment of rent, failing to move out at the end of the lease term or for breaching any of the lease terms (such as exceeding the number of occupants allowed for the unit). The landlord must first file and serve a Notice of Intent to File a Complaint for Summary Ejectment. If the rent is not paid within 10 days, the landlord files a Failure to Pay Rent-Landlord’s Complaint for Repossession of Rented Property form with the Maryland District Court for Howard County located at 3451 Courthouse Drive in Ellicott City.
 

• For Failure to Pay Rent (FTP) – the landlord can bring the following actions:
  • Summary Ejectment (MD. REAL PROP. § 8-401) — The most common action brought by landlords for the failure to pay rent. If successful, the tenant is evicted and the landlord can recover unpaid rent, damages (late fees owed due to late payment) and costs. The tenant has the right of redemption by paying all past-due amounts as determined by the court plus costs, unless the court find there have already been three prior judgments entered during the prior 12 months.
  • Action for Distress for Rent (MD. REAL PROP. § 8-301-332) — The landlord can sue only for unpaid rent and costs (no other damages). If successful, the court will allow the landlord to seize and sell the tenant’s property to cover the unpaid rent. If the proceeds from the sale do not cover the landlord’s claim (unpaid rent and court costs), the court can order a money judgment for the rest. After the goods are sold, the landlord can request that the lease be terminated and the property repossessed.
• Tenant Holding Over Action (MD. REAL PROP. § 8-402) — Filed by the landlord if the tenant stays beyond the expiration of the lease term. If successful, the tenant is evicted and the landlord can obtain damages (the apportioned rent for the period plus other actual damages).
• Breach of Lease (MD. REAL PROP. § 8-402.1) — Used when a tenant breaches the lease in a way other than failing to pay rent, and the lease provides that the landlord can repossess the premises for breach of lease. The court determines whether the breach was substantial and, if so, issues an eviction order.
• Breach of Contract (common law) — When the tenant fails to pay rent, the landlord may, in addition to filing for Summary Ejectment, file a breach of contract action to obtain any damages not recoverable in that action, such as property damage.
• Nuisance: The State’s Attorney, County Solicitor or community associations can file a nuisance action that may result in eviction against tenants involved in illegal drug activities or prostitution. MD. REAL PROP. § 14-120.
   

To qualify for a free lawyer from the Maryland Legal Services Corporation or other designated organizations, you must be a tenant living in Maryland and have a household income at or below 50% of Maryland’s median income. Additional information can be found at /.

No. Under MD. REAL PROP. § 8-208(d)(8) and HCC § 17.1014, a landlord cannot bring or threaten to bring an eviction or other action against a tenant, arbitrarily increase the rent or decrease services, or terminate a periodic tenancy in retaliation for:

• Filing a good faith complaint with the landlord or any public agency.
• Filing or testifying in a lawsuit against the landlord.
• Organizing or joining a tenant’s organization.
• Notifying the landlord that there are lead hazards or a child with an elevated blood lead level in the property.

The landlord’s actions, however, are not deemed to be retaliatory if they occur more than six months after the tenant’s actions. In addition, you may not obtain relief from a retaliatory action if you are not current on your rent (unless the rent is withheld under a rent escrow action).

You may raise the landlord’s retaliatory action as a defense to your landlord’s eviction action or sue the landlord for its retaliatory practice. If the court determines that the landlord’s actions were retaliatory, the court may award you damages of up to three month’s rent, reasonable attorney fees and court costs. However, if the court determines that your claim of retaliation was made in bad faith or without substantial justification, the court can award the landlord damages of up to three month’s rent, reasonable attorney fees and court costs.
 

No. Eviction is a legal procedure. To evict a tenant, the landlord must first obtain a judgment in district court. Landlords may not threaten to take possession or take possession of the unit by locking the tenant out, moving a tenant’s belongings out of the rental unit, or cutting off utilities without a court order. MD. REAL PROP. § 8-216.

In a Summary Eviction case, the landlord begins the eviction process by serving a Notice of Intent to File a Complaint for Summary Ejectment, Notice to Vacate for holdovers, or Notice of Breach of Lease (depending on the reason for the
eviction). Once the notice period has expired, the landlord may file a complaint. A hearing is usually set for five days after the complaint is filed. The tenant can ask for a short delay to gather evidence or witnesses. However, tenants can usually stop the eviction by paying the rent owed (and any late fees specified in the lease).

If the tenant has breached the lease, the landlord must give the tenant notice to vacate at least 30 days before going to court. However, if the tenant has acted in a way that constitutes a threat to the safety of others only 14 days’ notice is required.

If the tenant is holding over, the notice period is determined by the lease term. If the lease is in writing and a term of years, 90 days is required. In month-to-month leases, or any other written lease, the notice period is 60 days. Other lease terms have different notice periods.
 

When the landlord files an eviction proceeding in court, the tenant will receive an official summons to attend a hearing. The summons may be served on the tenant in person, by mail or by posting a notice on the rental property. The tenant should attend the hearing to explain why the eviction should not proceed (for example, the tenant attempted to pay the rent but the landlord wouldn’t accept it, or the landlord failed to give the tenant a month’s written notice that the tenant had violated the lease and must move out).

If the court rules in favor of the landlord, the landlord will get a court order for eviction called a “warrant for restitution” and arrange for a sheriff to oversee the eviction. So long as you have the right to redeem, you can pay the judgment amount plus court costs to stop the eviction.

Instead of redemption, the tenant can also appeal the eviction in Circuit Court within four days of the date of judgment in non-payment of rent cases, and within 10 days in breach of lease or holding over cases. The tenant may have to post a bond to cover the rent while the court considers the appeal. Note, the appeal period is different for mobile home. Please contact the District Court Self-Help Center for your appeal questions.

On the day of the eviction, the sheriff will come to the rental unit and order the tenant and everyone on the property to leave. The sheriff will then supervise the landlord while all the property from the unit is put on the public right-of-way. Once the property is moved out, it is the tenant’s responsibility.
 

Your case will be scheduled for a hearing in the District Court of Howard County approximately seven days after the landlord files the Failure to Pay Rent form. A hearing will be scheduled for a specific time (for example 9:00 a.m.) and you will receive notice of the hearing. You should appear in court at the scheduled time, but you may need to wait in the courtroom until your case is called.

If you want to postpone the case, you must send a letter to the District Court’s clerk’s office before the trial date. You must mail a copy of the request to the landlord. If you do not receive notice from the court that the case has been postponed, you must appear in court at the scheduled time and date.

If you would like to have an interpreter with you in court or if you need a reasonable accommodation under the Americans with Disability Act, you should contact the court before the hearing.

When your case is called, the judge will usually ask the plaintiff – the landlord – to speak first. The landlord will explain his or her side of the case and present any relevant evidence.

The judge will then ask you, the defendant, for your response. At this time, you can explain your point of view and present any evidence. You should bring to court all documents or other evidence to support your claim or defense. For example, you may choose to bring the lease, accounting records, cancelled checks, receipts, photographs, or other documents or items that show what you are trying to prove. If you have paid your rent in cash, the landlord is required to give you a receipt.

You may also raise serious repair problems with the rental property that you have notified the landlord about and given the landlord a reasonable amount of time (no more than 30 days) to fix. Serious repair problems would be conditions and defects that constitute a fire hazard or a serious and substantial threat to your life, health or safety, including, but not limited to: (1) lack of heat, light, electricity, or hot or cold water, except where you are responsible for their payment and the lack thereof is the direct result of your failure to pay, (2) lack of adequate sewage disposal, (3) rodents in two or more dwelling units, (4) structural defect which presents a serious and substantial threat to physical safety, or (5) a condition which presents a health or fire hazard to the dwelling unit.

You may also tell the court that the landlord has brought this action to retaliate against you because you have taken certain actions, such as:

• You (or your lawyer acting on your behalf) have provided written or actual notice of a good faith complaint (to the landlord or any public agency against the landlord) about an alleged violation of the lease, violation of law, or condition on the leased premises that is a substantial threat to your health or safety.
• You (or your lawyer acting on your behalf) have filed a lawsuit against the landlord or testified or participated in a lawsuit involving the landlord.
• You have participated in a tenants’ organization.

If either party fails to appear in court, the court may dismiss the case, issue a judgment, or postpone the trial. If your landlord appears but you do not, the judge may rule on the case of the landlord and enter a judgment against you.

After hearing both parties, the court may enter judgment in favor of you or the landlord or it may schedule another hearing if more information is needed. If the court enters a judgment in favor of the landlord it is called a judgment for possession. After the court enters judgment for possession, you no longer have the right to live in the property.
 

You may file an appeal within four business days from the date of the Judge’s decision by filing form DC-CV-037 with the clerk of the District Court and pay the required appeal costs. Saturday, Sunday, or any legal holiday is not counted as part of the four-day time period. The filing of an appeal does not automatically stop the eviction process.

If you do not pay the full amount the court has determined that you owe, the landlord may file a Petition for Warrant of Restitution (DC-CV-081). A warrant of restitution is a type of court order. It tells the sheriff to go to a property and carry out an eviction. The landlord must wait four business days after receiving a judgment for possession before they can file for a warrant of restitution.

If your eviction is for failure to pay rent, you can avoid eviction if you pay the full amount the court decided was due, plus court costs, before the eviction takes place. Payments to the landlord must be by cash, certified check, or money order.

The court may determine that because of the number of rent judgments that you have had in the past 12 months (three times in a 12-month period), you no longer have the right to avoid eviction by paying the full amount that you owe. If the court has taken this action, then the Warrant of Restitution will have a checkmark on the boxes that read “Without Right of Redemption” and “The judgment for possession may not be redeemed.”

Once the landlord files the petition for the warrant of restitution, a judge will review it. If everything is correct, they will sign it, and a copy will be forwarded to the sheriff. A warrant of restitution is generally valid for 60 days from the date of issue. An eviction may be conducted any time within the window.
 

MD. REAL PROP. § 8-503 requires the District Court to shield any court records from a failure to pay rent proceeding within 60 days if the case was dismissed.  It also allows for tenants to request shielding under other conditions.

The Howard County Sheriff’s Office contacts the landlord after receipt of the Warrant of Restitution to schedule a mutually agreeable date and time for the eviction. The landlord is required to provide written notice to the tenant at least 14 days ahead of time of the date on which the warrant of restitution is scheduled to take place.  The Sheriff’s Office then posts a notice on the tenant’s door with the date and time the eviction will be carried out. For questions about your eviction, contact the Sheriff’s Office Landlord & Tenant Section at 410-313-4222 or online at howardcountymd.gov/sheriffs-office/landlord-tenant-section.

Eviction cannot take place on a Saturday, Sunday or holiday. Evictions are conducted during court business hours so that any issues which arise during an eviction may be addressed immediately. If you have made some payments to the landlord, have receipts to prove it. If you are able to pay the balance of what you owe, but you and the landlord disagree as to the amount, the court will determine the proper amount.

An eviction is only legal if a Deputy Sheriff is present. The deputy’s sole responsibility is to keep the peace. The landlord is responsible for providing an adequate number of movers and exercising reasonable care in removing your property.

You are permitted to remain on-scene until all your property is removed, so long as you are not hindering the eviction All your personal property, except that which may pose a public safety threat, will be placed on the curb of the nearest public roadway. Once there, it is your responsibility to keep your property safe. Failure to remove your evicted property from a county right-of-way within 48 hours will result in removal by the Howard County Department of Public Works because it is considered to be abandoned.
 

If You Are Behind In Your Rent
Talk to your landlord to inquire if you can negotiate a payment plan. Getting ahead of your past due rent is the best option. 

Either you or the landlord may try a less formal way to resolve a failure to pay rent. The District Court’s Alternative Dispute Resolution Program (ADR) offers mediation free of charge. Mediation is a voluntary process through which people in conflict resolve their dispute with the help of a neutral 3rd party and is often successful at resolving disputes between landlords and tenants. A trained mediator will work with both sides to try to arrive at a mutually agreeable solution. If mediation is not successful, the landlord may still seek a decision by the court. If your landlord has already initiated action in District Court, you can contact the District Court Alternative Dispute Resolution Office at 410-260-1676 prior to your trial date.

If You Are Unable to Pay Your Rent
You may contact the Community Action Council of Howard County to see if you are eligible for assistance by calling 410-313-6440.
 

• Legal Representation
  • Maryland Legal Aid
    • 410-480-1057
  • Civil Justice, Inc.
  • Maryland Volunteer Lawyers Service  
  • Maryland Access to Counsel in Evictions
  • Howard County Bar Association
• Legal Assistance
  • District Court Self-Help Center
    • 410-260-1392
• Legal Resources
  • The People’s Law Library of Maryland 
  • State Law (click on “LexisNexis” to access the Annotated Code of Maryland).
  • Howard County Law 

• Grassroots Crisis Intervention Center (if at risk of homelessness)
  • 410-531-6006
• Community Action Council of Howard County (housing, food, energy assistance, eviction prevention)
• Howard County Housing Commission (Vouchers, Family Self-Sufficiency & Home Ownership Program, Resident Services)
• Bridges to Housing Stability (Bridges Alliance, Home Start, Home Share)
• Columbia Housing Center (Student rental subsidies)
• Howard County Department of Housing and Community Development (MIHU Rental Program) 
• The Arc of Howard County (Programs and housing for those with intellectual or developmental disabilities)
• United Way of Central Maryland (Rental subsidy for those 62+)
  • hoco.renthelp@uwcm.org

• Howard County Office of Consumer Protection (leases and RUBS)
  • 410-313-6420 (Voice/Relay)
  • 410-313-3820 (Non-English Hotline)
  • consumer@howardcountymd.gov
• Howard County Department of Community Resources Services (human services referral)  
• Howard County Department of Inspections, Licensing and Permits (licensing and habitability)
• Howard County Office of Human Rights and Equity 
• Maryland Attorney General, Consumer Protection Division
• Maryland Department of Housing and Community Development Office of Tenant and Landlord Affairs