Call the police if your landlord puts your belongings on the street or locks you out. Evictions must be authorized by a Judge and carried out under the Sheriff's supervision.

 

Maryland State Law:
The Maryland landlord-tenant statute is found in Title 8 of the Real Property Volume of the Maryland Annotated Code:    Maryland Code:  Landlord Tenant Law

County And City Codes:
Each county has its own set of landlord-tenant laws, including housing code standards. In addition, cities such as College Park, Greenbelt, and Berwyn Heights have their own housing codes and enforcement systems.

Note: Some counties have Offices of Landlord-Tenant Affairs. These Offices publish informational materials, answer questions by phone, and typically have authority to investigate and decide and/or mediate landlord-tenant disputes. Prince George's County does not have a separate Landlord-Tenant Office or Commission. Montgomery County and incorporated cities in the county such as Rockville and Takoma Park have Landlord-Tenant Offices. See our Resource Section for website information.

Legally Binding Contract: A lease is a legally binding contract.  It cannot be unilaterally changed or terminated by the landlord or tenant.

Written or Oral:

Right to see the lease: A landlord who rents using a written lease must upon written request by an applicant, provide a copy of the proposed lease, complete in all important details except the date, rental rate, designation of the premises, and name and address of tenant.  Landlord must provide this copy without requiring a deposit or actual execution of the lease.

Application Fees (Maryland Real Property Code 8-213):

1) Landlords in Maryland are permitted to keep any portion of application fees they use in processing applications.  This includes credit checks or other expenses related to processing your application. 

2) However, landlords must justify keeping any amount above $25.  Tenants can request the return of the balance (see number 3 below).

3) If you do not move in, you have a right to the return of the money above $25 if you request it in writing.  The landlord is required to return the money within 15 days of your request.  If you do move in, the landlord has 15 days from the date of your occupancy to return the amount over $25.  If the landlord does not comply with these rules, he or she becomes liable for twice the amount of the fees in damages.  Remember: landlords can keep any portion they can justify having used to process the application.

4) According to state law, this applies only if the landlord has more than 4 units on the property, but check your municipal and county statutes to see if they are different.

Lease Term: Leases may be for any amount of time agreed upon by the landlord and tenant. Many apartment complexes initially require a one year lease and thereafter offer month-to-month tenancies. Some landlords require a year long lease but agree to a shorter period in return for a higher monthly rent. Some jurisdictions have special laws for single family rentals; for example, Montgomery County requires the landlord to offer a two year lease.

Expiration vs. Automatic Renewal (IMPORTANT - READ CAREFULLY): Some leases automatically expire at the end of the stated rental term. Other leases automatically renew at the end of the term.  Automatic renewal clauses may be "buried" in a multi-page lease -- review your lease carefully.  If your lease has an automatic renewal clause:

• You must give advance notice (often 30 days) of intent to move at the end of the term - check your lease for the amount of notice.
• If you move without giving this notice, you may have to continue to pay rent.
• The landlord must also give the tenant advance written notice if he or she wants the tenant to leave at the end of the lease term rather than have the tenancy renew.
• Monthly rent continues at the same rate unless the landlord gives proper notice of a rent increase.  Rent increases are discussed below.

  An automatic renewal clause requires a tenant to give advance written notice (often 30 days) of the intent to move at the end of the lease term. Tenants who move without providing such notice may be liable for continuing rent. Renewal periods of a month or less are fully enforceable. For longer periods, renewal clauses must be set apart in the lease and initialed by the tenant when the lease is signed. Landlords also must provide advance written notice in order to terminate the lease at the end of the term without triggering automatic renewal. For automatically renewed rentals, rent continues at the same rate unless or until the landlord gives proper legal notice of a rental increase. Rental increases are discussed below.

  Roommates - Joint and Several Liability: 

• Landlords often require all tenants to sign one lease together. This creates "joint and several" liability.
• Joint and several liability means that if one roommate does not pay his/her portion of the rent, the remaining roommate(s) will still be responsible for the full amount.  If the full rent is not paid, the landlord may sue to evict all the tenants of the apartment. 
• While the remaining tenants may have recourse against the defaulting tenant, they cannot require the landlord to lower the rent.
• If the landlord allows the tenants to sign individual leases, the "joint and several" rule does not apply.
• However, landlords are not required to offer individual leases to co-tenants and may require them all to sign a single lease.

  Co-Signers:

• Landlords may require tenants to show financial ability.
• If the tenant cannot meet these requirements, the landlord may allow a co-signer.
• Co-signers are fully responsible for the rent and other financial obligations, whether or not they are living in the home.

Illegal Clauses: Go to www.peoples-law.com or http://www.oag.state.md.us/consumer/landlords for more information on clauses that are not legal.  Any illegal clauses in your lease are not enforcable by the landlord.

The law recognizes a distinction between a boarder and a tenant. The difference can be important because:

• Tenants generally have greater legal protections than do boarders.
• The issue usually comes up when a student is renting a room in a house occupied by the owner.
• Maryland courts have ruled that all relevant circumstances must be considered to determine whether a person is a boarder or a tenant. The fact that a written rental agreement is titled "Boarder Agreement" does not automatically resolve the question.

• Maryland does not have state-wide rent control.
• The City of College Park recently passed rent control for single family homes, but currently there is no rent control for apartments.  This law states that houses cannot rent for more than $1,929 or 1% of the home's value, whichever is higher. 
• While individual counties may pass their own rent control statutes, Prince Georges County has not done so. For other counties, please call your local Landlord-Tenant Affairs Office.

• Under Maryland law, landlords cannot charge more than 5% of the monthly rent as a late fee.
• If the rent is paid within five days of its due date, landlords cannot impose late fees.
• Localities may impose additional restrictions.   In Prince Georges County, landlords may not charge more than 1% of the total monthly rental payment per day for each day the tenant is late, not to exceed 5% of the total monthly rent. If the rent is paid within five days of its due date, landlords cannot impose a late fee.

• Tenant Rights - The right to a list of existing damages (upon request) at the time of moving in; the right to request notice of and be present at any "move-out" inspection; the right to a written list of damages for which monies are being withheld; and the right to return of the deposit plus a small amount of interest (minus any rightfully withheld amounts) within 45 days of moving out.

  Requests to landlords should always be made in writing, preferably via certified mail so that you have proof of your request.

• Tenant Remedies - If the landlord does not follow the requirements of the security deposit law, the tenant is entitled to sue the landlord for return of the deposit and possible "punitive" damages. The tenant may also sue the landlord if there is a factual dispute about whether the tenant caused the alleged damages or about the reasonableness of costs claimed by the landlord. Security deposit suits are brought in small claims court and many students have successfully handled such cases without an attorney present to represent them.

• Special Rules for Ending Tenancy Early - To protect your security deposit rights, you must send your landlord a certified letter within 15 days of moving to request return of your deposit and to give a forwarding address.  This can be a "tricky" issue and we encourage you to meet with Legal Aid staff for more information.

• Landlords may sue to evict tenants for unpaid rent.
• Many apartment complexes automatically file suit on the sixth day after rent is due, although suit can be filed earlier.
• Non-payment suits are generally heard within a week after the suit is filed. 
• If the court finds in the landlord's favor, a judgement for eviction will be entered. 
• Once a judgment is issued, the eviction can only be carried out by the Sheriff. There is typically a backlog on evictions of at least several weeks in the Sheriff's office.
• Late payment judgements - like any judgement - can damage your credit rating.
• Once a court judgment is entered, the tenant can still avoid eviction by paying the judgment in full before the Sheriff begins eviction proceedings. However, tenants who have had three prior non-payment actions against them may not redeem the premises and can be evicted.
   

Important:  If you are sued and do not appear in court, a judgment for eviction will be entered against you.

If you have been sued or had a judgment entered against you, we encourage you to come in to see us or another legal service provider of your choice.
 

• Landlords are legally entitled to terminate a lease early when the tenant has substantially breached material terms of the lease. Examples are illegal use of the premises, excessive noise, or other major violations, such as having pets on the premises that are forbidden by the lease.
• If the tenant remedies the problem, ordinarily that will satisfy the landlord, but if the tenant does not remedy or if the violation is especially egregious, the landlord may file for eviction.  The court will not consider the case if the landlord has not given the required advanced notice.
• The court will decide if the tenant breached the lease and can be evicted.
•  These judgements can be appealed by either party within 10 days.
• Landlords must seek an eviction order through the courts. Landlords will not be entitled to evict unless they have followed specific legal requirements, including advance written notice of the alleged breach and of the landlord's decision to terminate the tenancy early. Ordinarily 30 days will be required, although notice may be only 14 days in serious cases such as drug use. The court will decide whether the tenant's conduct is egregious enough to allow the landlord to terminate early.

If you have received a letter claiming breach of lease or requiring that you move before the end of your lease term, we encourage you to come in to see us for more information.  DO NOT IGNORE 30 DAY NOTICE TO QUIT LETTERS.

 

Maryland law requires that landlords purchasing rental property honor the lease agreements that the previous landlord held with the residents under most circumstances.  This means that if you are under a lease when your apartment building or house changes hands, the terms in that lease must be honored by the new landlord - until the lease expires.  This also means that if your lease has expired and you are under a month-to-month tenancy, the terms can be changed by the new landlord with adequate notice, usually 30 days (Maryland Real Property Code Section 8-101).  Come see us in our office if you have questions, especially if you have a sublease, as your situation may be more complicated.

If you make late rental payments or your landlord obtains a money judgment against you, the information may be reported to one or more credit bureaus. Tenants frequently pay money they do not really believe they owe or make other concessions because they fear - for good reason - a bad credit report. In these situations, you may still be able to ask a court to find that the money should be returned. To learn more about credit issues, go to http://www.oag.state.md.us/Consumer/landlords.htm, or come in to see us for more information.

Legally Binding Contract: Students do not have any special legal rights to break their leases. (If you are in the military and are reassigned, you may have the right to break your lease). Tenants in Maryland do have a right to request that the landlord accept a substitute tenant (subleasing) to complete the remainder of the lease term. This is discussed in more detail below.

Financial Consequences: Tenants who move before the lease term ends may be responsible for continuing rent even though they are no longer living at the premises. However, the landlord has a legal obligation to mitigate damages. This means the landlord must make reasonable efforts to find a new tenant and may not charge the old tenant continuing rent once the new tenant moves in. (The landlord is not necessarily required to rent out the unit "ahead" of others where there are vacancies in the building). The tenant is responsible for reasonable costs associated with finding a new tenant, such as advertising fees.

"Redecoration" or Termination Fees: Many apartment complexes and other landlords impose "redecoration" or "termination fee" clauses in the lease. These clauses allow the tenant to break the lease in return for paying a specified fee. The fee is usually substantial and often equal to two month's rent. While such fees are not legally prohibited, a tenant may have a defense to payment of the fee (for example, if the landlord immediately relets the premises without spending any money to get it ready for the new tenant). Our Office has handled many of these cases and is available to provide further information.

Constructive Eviction as a Defense: In some cases a tenant is legally justified in moving out early without financial penalty. Legal justification may exist, for example, where the landlord is renting the premises illegally, has materially breached his/her obligations under the lease, or has made it unreasonable for the tenant to continue to live at the premises. These situations are referred to as "constructive eviction." Each case must be evaluated on its own facts to determine whether a tenant may use "constructive eviction" to terminate early.

Under state and local law, tenants must obtain the landlord's permission in writing to sublease. Landlords may not refuse reasonable requests to sublease. The laws do not define "reasonableness" so each case must be evaluated individually. GLAO sees numerous cases where landlords are not complying with the sublease law. For example, some leases state that subleasing is not allowed - a clear violation of the law. In other cases, the landlord simply refuses to consider a sublease request.

PLEASE NOTE: A sublease is different than termination of a lease. In a sublease, the original tenant remains liable to the landlord if the sublessee does not pay rent or fails to compensate the landlord for damages.

If a tenant cannot or does not wish to resolve a noise problem directly with the neighbor, the landlord can be asked to intervene. If the landlord does not cure the problem within a reasonable time, the tenant may have recourse against the landlord for breach of the lease. Remedies may involve terminating the lease early or receiving damages for the violation. As a general rule, tenants should put their concerns in writing and ask the landlord to see that the problem is corrected. 

Note: If neighbors complain about your noise level, the landlord can give you notice to correct the problem. If you do not, the landlord might ultimately file for eviction and it will be up to the court to decide whether your conduct justifies termination of the lease.

"Noisy neighbor" cases are notoriously difficult to resolve. Our Office is available to evaluate your particular case and provide assistance.

Each county has separate regulations governing the number of tenants who may legally occupy a unit or home. Occupancy is based on factors such as available square feet (not number of bedrooms). Landlords do not have to rent to the maximum allowable number of tenants, as long as restrictions are not based on illegal factors (e.g. discrimination against families with children). 

The Prince George's County Housing Code prohibits landlords from renting to more than five unrelated tenants (27-107.01 def. 85, 27-441 (b), see 6 in table).  Operation of a Boarding or Rooming House).  Landlords who violate the occupancy rule can be fined and required to come into compliance if their violation is discovered by housing inspection authorities. Tenants who live in such "illegal" rentals may have a legal option to leave early without financial penalty. Legal Aid can provide further information and evaluate your case if you have questions or problems about this issue.

Landlords must provide minimally safe housing and essential services such as heat and running water. Each county has its own housing code and standards may differ from jurisdiction to jurisdiction. Housing code violations can be reported to local housing inspection offices. These offices have authority to order repairs and to fine landlords for non-compliance, but do not have authority to reduce the tenant's rent or direct the landlord to compensate the tenant directly.

Tenants facing serious health and safety violations may sue the landlord under state or local "rent escrow" laws. These laws allow the tenant to file suit to put the rent in escrow until the court decides the case. Possible remedies may include termination of the lease, rent reductions, or reimbursement to the tenant for repairs s/he directly makes. Some tenants choose to withhold their rent without filing suit first, and to raise "rent escrow" as a defense when sued by the landlord for non-payment of rent. You should not withhold your rent, however, before consulting with our office or another legal service provider.

 19.  Rent Escrow

Introduction  Maryland law provides a procedure for tenants to seek a court remedy when the landlord has refused or failed to make repairs or there are unsafe conditions at the rental premises.  Under the law, the tenant pays the monthly rent into a court fund until repairs are made or the court otherwise resolves the matter.  This law is referred to as the Maryland Rent Escrow statute and is found here. 

Who may use rent escrow law:  The law applies to all single and multiple family residential dwelling units, both publicly and privately owned.  However, some cities or counties have their own rent escrow laws that are used in place of the statewide statute.  FOR LAWS SPECIFIC TO BALTIMORE CITY REFER TO PUBLIC LOCAL LAWS OF BALTIMORE CITY.  FOR LAWS SPECIFIC TO BALTIMORE COUNTY REFER TO PUBLIC LOCAL LAWS OF BALTIMORE COUNTY

Tenants who cannot use rent escrow law:   Tenants who have had three or more judgments for non-payment of rent entered against them may not use the rent escrow law affirmatively or as a defense. 

Defects Covered by Rent Escrow Law

The Rent Escrow law imposes an obligation on landlords to repair and eliminate conditions "which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health, or safety of occupants."  The statute states that such defects include but are not limited to lack of heat, light, electricity, or hot or cold running water, except where tenant is responsible for payment of utilities and the lack is the direct result of tenant's failure to pay; lack of adequate sewage disposal facilities; rodent infestation in two or more dwelling units; any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or any condition which is a health or fire hazard to the dwelling unit.  In certain cases, the court may refuse to establish a rent escrow account where the case involves damages caused by the tenant.

Defects Not Covered By Rent Escrow Law

The Rent Escrow law provides that "minor defects or non-dangerous violations of a local housing code are not covered by this law."  According to the statute, there is a rebuttable presumption that the following conditions, where they are not a serious and substantial threat to the life, health and safety of the occupants, are not covered: lack of fresh paint, rugs, carpets, paneling or other decorative amenities which only reduce the aesthetic value of the premises; small cracks in the walls, floors, or ceiling; lack of linoleum or tile on the floors, provided the floors are structurally sound and safe; or the absence of air-conditioning.

If you have questions about whether conditions at your rental property are covered by the Rent Escrow law, please consult with our office and we can help evaluate your claim.

Initial Steps in the Rent Escrow Procedure

The Rent Escrow law requires the tenant to notify the landlord of the defective condition(s) before the court escrow procedure can be used. Under the statute, notice to the landlord may be any one of the following: a written notice sent by certified mail, listing the dangerous condition or defect; actual notice of the defect or condition; or a written violation, condemnation, or other notice from an appropriate government agency identifying the condition or defect.  Caution: it is ordinarily best to provide written notice or have a violation notice when possible, rather than to rely on having to prove that the landlord had "actual notice."

After receipt of the notice, the landlord has a reasonable time to make repairs.  The actual length of time considered reasonable is for the court to decide, taking into account the seriousness of the defect and the danger it presents to the occupants.  Under the rent escrow law, there is a rebuttable presumption that a period of more than 30 days after receipt of notice is unreasonable.

If the landlord refuses to make repairs, or fails to make repairs within a reasonable time, the tenant may bring an action of rent escrow, asking to pay the rent into court.  Alternatively, the statute provides that the tenant may withhold rent from the landlord, wait to be sued, and raise escrow conditions as a defense.  We do not recommend that students withhold rent without consulting with our office or another legal provider first.

What Court May Order

While the Rent Escrow law is most often used by tenants to obtain repairs, other remedies are available under the statute.  The tenant may request any of the remedies provided by the law, whether the tenant uses the rent escrow law affirmatively or defensively.  These may include but are not necessarily limited to termination of the lease, reduction of rent to an amount that fairly represents the condition of the premises, or an order requiring the landlord to make repairs.

Once a rent escrow account is established, the ultimate resolution of the case will depend on the individual facts, including how egregious the court finds the landlord's conduct to be:

      Ordinarily, the court will initially establish the rent escrow account but will not issue an order directing   specific repairs. If the landlord does not correct the condition within 90 days after the court finds that the condition exists, the tenant may seek an injunction in District Court to order the landlord to correct the condition.  In some situations - for example, where there are widespread health hazards in an apartment building or complex -- the court may use the escrow funds to appoint a special administrator to have the repairs made.

      Once the landlord makes repairs, the court will decide whether the escrow funds should be released in full to the landlord or whether the tenant should receive some or all of the funds instead.

      If the landlord has not made a good faith effort to repair the defects within 6 months after the rent escrow was established, the court will release the escrow funds to the tenant.  The tenant must continue to pay rent into court.  However, if the landlord appeals the case, this forfeiture of escrow funds to tenant will be delayed.        

     IMPORTANT NOTE:  If the tenant does not regularly pay the rent into the escrow account, the court may order the accumulated money to be given to the landlord. 

It is not unusual for students to come to the Legal Aid office for advice on how to break a lease early because of concerns about crime or because the student has been the victim of a burglary, robbery, or other crime.

Ordinarily, landlords take the position they are not responsible for the general dangerousness of a neighborhood and will not allow tenants to break the lease on this basis. While it is correct that landlords are not "insurers" of the tenant's safety, each case must be evaluated on its own facts. In some situations the landlord's failure to provide minimally adequate security may be a sufficient basis for breaking the lease without financial penalty. In other cases, students may have a legal right to leave early because the landlord made knowingly false statements about the neighborhood's safety. Tenants may also have an action for breach of lease where the landlord promised but did not deliver on safety features. Tenants who have been burglarized or robbed often seek compensation from their landlord. Typically, the tenant is told that s/he should have had tenant's insurance and that the landlord is not responsible. Again, each case must be individually evaluated to determine whether the landlord is responsible. Please feel free to consult with our office for more information.

State and County laws regulate a landlord's right to enter the premises. Generally, tenants must be given 24 hours notice of the landlord's intent to enter at reasonable times. Landlords may enter without notice in an emergency but must inform the tenant they have done so. These rules apply to apartments and to single family dwellings. Many apartment complexes give notice by a general posting or leaflets when a service, repair, or inspection is going to be made community-wide. If you believe your landlord or maintenance staff have entered your unit improperly, our staff is available to provide further information and to evaluate your case. If you live in an owner-occupied rental, you should still have a reasonable right of privacy with respect to your individual quarters.

 

22.   If you have a problem with a landlord

 

II.   How Graduate Student Legal Aid Can Help You With Your Landlord-Tenant Problem

• Your landlord is threatening to evict you

• Your landlord is wrongfully withholding your security deposit

• Your landlord won't make repairs

• You want to end your lease early due to serious problems at the rental property

• You want to sublease your apartment or room

• You need legal assistance to challenge bills, collection agency actions, poor credit reports, or lawsuits for unpaid rent, damages, or other costs

• You need a lawyer to review your lease

• Your landlord violates your privacy by entering without permission or notice

• You want to know how to file complaints with public agencies

• You are a property owner or landlord who is having problems with your tenant, such as unpaid rent, lease violations, or refusal to move

• Help you resolve a problem on your own, without a lawyer's involvement

• Contact your landlord or other outside parties and/or get directly involved in your case

• Identify public agencies to investigate your problem and/or provide referrals to other programs

• Provide information, advice, sample pleadings, and assistance to help you pursue or defend against non-complex litigation, such as suits for return of security deposits, defenses to unpaid rent claim suits, or small claims actions for money damages.

And more…… come see us to find out how we can help!