LANDLORD-TENANT

1 S DHCA LANDLORD-TENANT HANDBOOK Department of Housing and Community Affairs Office of LANDLORD-TENANT Affairs Montgomery County, Maryland Phone: 240-777-0311 TDD: 711 1401 Rockville Pike, 4th Floor (311 within Montgomery County) Rockville, MD 20852 Fax: 240-777-3691 _____ DHCA The law is subject to change periodically and this publication is updated accordingly. For the most recent version, please go to our website. Copies of this handbook or excerpts can be printed from our website at This publication is available in alternative formats. November 2021 Montgomery County, MD Department of Housing and Community Affairs Office of LANDLORD-TENANT Affairs VISION: DHCA seeks to create healthy, vibrant, and inclusive housing and communities for people of all ages, incomes, and abilities.

2 MISSION: DHCA works to preserve and increase the supply of affordable housing; maintain existing housing in a safe and sanitary condition; preserve the safety and quality of residential and commercial areas; ensure fair and equitable relations between landlords and tenants; and support the success of common ownership communities all with a focus on reducing racial inequities and climate change. _____ DHCA OFFICE OF THE COUNTY EXECUTIVE August 2021 Dear Neighbors: Montgomery County's Department of Housing and Community Affairs actively promotes good LANDLORD-TENANT relations and is committed to protecting the safety and well-being of tenants.

3 To help achieve both goals, I sponsored legislation that motivates apartment building owners to maintain their buildings according to our housing code and provides tenants more opportunity to come together in making their voices heard. I encourage both tenants and landlords to review this LANDLORD-TENANT Handbook, which is a practical guide to help everyone understand their respective rights and responsibilities. The information is provided by Montgomery County's Office of LANDLORD-TENANT Affairs, within the Department of Housing and Community Affairs. This thirteenth edition reflects recent changes in State and County law (see Chapter 29, " LANDLORD-TENANT Relations" of the Montgomery County Code).

4 I also encourage tenants and landlords who have questions or would like help from the Office of LANDLORD-TENANT Affairs to please call 240-777-0311. You are welcome and encouraged to request free help in ensuring housing safety, mediating conflicts, and seeking tenant advocacy. Callers may request confidentiality. Sincerely, Marc Elrich County Executive 101 Monroe Street Rockville, Maryland 20850 240-777-2500 240-777-2544 TTY 240-777-2518 FAX

5 Marc Elrich County Executive _____ DHCA TABLE OF CONTENTS I.

6 LANDLORD-TENANT RELATIONSHIP BASICS .. 1 Obligations of Landlords .. 1 Obligations of Tenants .. 2 tenant 's Rights .. 3 Helpful Hints .. 4 Prohibited Actions and Fair Housing .. 6 II. LICENSING REQUIREMENTS .. 8 III. APPLICATION PROCESS .. 11 Fees .. 11 SafeRent Solutions .. 12 eProperty Data Mining .. 12 Rental Marketplace ..12 IV. THE LEASE .. 13 Required Provisions .. 13 Prohibited Provisions .. 15 RUBS - Ratio Utility Billing Systems .. 16 V. SECURITY DEPOSITS .. 17 Maintenance of Security Deposits .. 18 Interest on the Security Deposit .. 18 Inspection .. 19 Return of the Security Deposit .. 19 VI. NOTICES .. 21 Notice of Rent Increase .. 21 Quit and Vacate Notices.

7 22 Notice of Defects .. 23 VII. TERMINATING THE LEASE .. 24 How to Give Proper Notice .. 24 Notice Period .. 24 Early Terminations .. 25 Month-to-Month Tenancy .. 26 Once Notice to Vacate is Given .. 26 VIII. HOW TO FILE A COMPLAINT .. 28 The Complaint Process .. 28 The Commission .. 29 IX. COURT ACTIONS Failure to Pay Rent .. 30 _____ DHCA Other Court Actions .. 32 X. RENT ESCROW .. 34 APPENDICES .. 35 APPENDIX I. Amendments to Chapter 29, landlord -Tennt APPENDIX II. LAWS YOU SHOULD KNOW .. 39 APPENDIX III. MOST FREQUENTLY ASKED QUESTIONS .. 45 APPENDIX IV. MOVE IN/MOVE OUT INSTRUCTIONS .. 51 APPENDIX V. INSPECTION REPORT .. 53 APPENDIX VI. MARYLAND SECURITY DEPOSIT LAW.

8 58 APPENDIX VII. MODEL LEASES .. 63 APPENDIX VIII. EMERGENCY RESOURCES .. 64 YOUR RECORDS & NOTES .. 66 _____ DHCA If you live in the following municipalities, you are not covered by Montgomery County LANDLORD-TENANT law: Town of Barnesville, Town of Garrett Park, and the Town of Laytonsville. If you are renting property within the city limits of the following municipalities, you should contact the appropriate municipality directly for specific LANDLORD-TENANT information (see below): Please Note: Every reasonable effort has been made to assure the accuracy of the information in this handbook. However, if there are any inconsistencies between the handbook and applicable law or regulation, the law and/or regulation is controlling.

9 The information contained in this handbook does not constitute legal advice. It is intended to serve only as general information. DISCLAIMER City of Gaithersburg 301-258-6320 City of Rockville 240-314-8320 City of Takoma Park 301-891-7255 development/rental-housing/ landlord -tena nt-mediation/ _____ DHCA Dear Neighbors, The Department of Housing and Community Affairs (DHCA) supports effective LANDLORD-TENANT relations, promotes housing safety and neighborhood revitalization, and preserves and increases the supply of affordable housing while fostering equitable and harmonious relationships among residents of our communities.

10 DHCA s Office of LANDLORD-TENANT Affairs educates landlords and tenants about general rights and responsibilities and works to resolve disputes amicably without having to go through the District Court process. The Office provides free services in person, by phone (240-777-0311) and by email In addition, DHCA Code Enforcement administers laws requiring landlords to maintain their properties in a safe and sanitary condition. Further, DHCA Licensing and Registration handles licenses for all rental facilities covered by Chapter 29, LANDLORD-TENANT Relations of the Montgomery County Code. We hope this updated edition of the LANDLORD-TENANT Handbook helps to strengthen your understanding of the rights and responsibilities of landlords and tenants in Montgomery County.