At the time of the lease signing, the landlord must give the tenant a copy of the lease signed by both the tenant and landlord. The lease must include the following contact information:
Any owner who is not customarily present in an office in the metropolitan Baltimore area must include the information of a managing agent in a lease authorized to receive court process on behalf of the owner.
Tenants Rights Brochure
Starting April 1, 2021, the landlord must give the tenant a copy of the tenants rights brochure approved by the Baltimore City Housing Commissioner. This brochure has information about free or reduced price legal representation available to tenants, pre-trial and day of trial mediation programs available to resolve landlord/tenant disputes, and the tenant's right to know the amount of rent that is in arrears.
The landlord must also give the tenant this brochure at the time that:
Water and Wastewater Services
Starting July 1, 2021, if the property owner or managing operator requires the tenant to pay the costs of water or wastewater services (whether directly to the Dept. of Public Works or to the owner/managing), then the lease must expressly state that.
In addition, if the landlord requires the tenant to reimburse the landlord for allocated costs of water or wastewater service, then the lease must describe the calculation method and specify the average monthly allocated costs of water and wastewater services in the 12 months proceeding the execution of the lease or lease renewal.
Late Fees
Starting April 30, 2021, the residential lease must include a provision that the landlord may not apply late fees to the rent until the tenant is more than 10 days past due with the rent. Also, if the residential lease includes a provision permitting a landlord to apply a penalty for the late payment of rent, then the lease must include a provision that prohibits a landlord from applying the penalty until the tenant's payment of rent is more than 10 days late or the tenant has received tenant's regularly scheduled government benefit disbursement if tenant previously provided landlord with the written notice of that the day of the month that the government benefit is normally issued/mailed is later than the day on which rent is due.
Note: This does not apply to public housing leases administered by the Baltimore City Housing Authority.
Changes
The property owner must notify the tenant of any changes in contact information, payment for water and wastewater services, and late fees by first class mail within 10 days
Compliance, Enforcement and Penalties
The property owner is primarily responsibility for compliance with this law. Because of that, a tenant has to right to ask a court to prevent or stop a property owner’s violation of the law. A property owner who violates a provision of this law is guilty of a misdemeanor and is subject to a fine of up to $100 for each violation.
Exemptions
None of these provisions apply to:
When a Tenant Takes Occupancy
In any written or oral residential lease, the landlord is presumed to promise (or “warrant”) that the rented dwelling is "fit for human habitation". This means that the premises must not have any conditions that endanger the life, health and safety of the tenants, including, but not limited to vermin or rodent infestation, lack of sanitation, lack of heat, lack of running water, or lack of electricity. The provisions of this law cannot be waived by any written or oral lease.
If the dwelling is not fit for human habitation upon occupancy, the tenant must first notify the landlord of the dangerous condition. The notice must be by one of the following methods:
After notifying the landlord, the tenant may exercise the following remedies within the first 30 days of occupancy:
The tenant may also use any other remedies available under law, such as rent escrow.
If the tenant, a member of his or her family, the tenant’s agent or the tenant’s guest acts in bad faith and refuses entry to the landlord or the landlord’s agent who are trying to repairing the condition, the court will order the tenant to pay landlord's court costs and reasonable attorney's fees. The court will also require the tenant to pay for the repairs if the dangerous condition was caused by the tenant, a member of the tenant’s family, the tenant’s agent or the tenant’s guest.
During the Term of the Lease
The warranty of habitability is a continuing warranty and the tenant may pursue legal action for breach of this warranty at any time during the tenancy if the dwelling becomes unfit for human habitation. The tenant may also use breach of this warranty as a defense in an action of summary ejectment or distress for rent.
"Fit for human habitation" means the premises shall not have any conditions which endanger the life, health and safety of the tenants involving vermin or rodent infestation in two or more units, lack of sanitation, lack of heat, lack of running water, or lack of electricity, except where:
The tenant will be required to pay for the repairs (collected as rent) if the dangerous condition was caused by the tenant, a member of his or her family, or visitors.
If the dwelling becomes unfit for human habitation, the tenant must first notify the landlord of the dangerous condition before tenant sues the landlord for breach of warranty. The notice must be by one of the following methods:
The landlord has a “reasonable time” after notification to repair the defect or damage alleged by the tenant (repairs must be made with “diligence and without culpable delay” and more than 30 days is presumed unreasonable). Once the landlord finished the repairs, they must notify the tenant or the Department of Housing and Community Development in writing.
If tenant sues the landlord or defends him or herself in a case brought by the landlord and is successful, the amount of money s/he recovers will be computed as of the date of landlord's actual knowledge of the defect. The recovery will be the difference between the amount of rent the tenant paid or owed during the period of the breach and the reasonable rental value of the dwelling in its defective condition.
Retaliatory actions are prohibited. A landlord cannot evict a tenant, increase the rent, or decrease any of the tenant’s entitled services for any of the following reasons:
In any eviction proceeding, if judgment is for the tenant on the basis of any of the above defenses, the court may order the landlord to pay reasonable attorney's fees and court costs for the tenant.
Generally, the court action is called a “suit for rent due” and the eviction procedure for nonpayment of rent is called "summary ejectment". If a tenant fails to pay rent when it is due, the landlord has the right to repossess the premises by filing a complaint under oath in District Court (sometimes called “Rent Court”) asking for repossession of the premises, the amount of rent due, and costs of the suit.
The action for non-payment of rent is only available for a written or oral lease or rental agreement that is more than 3 months.
Service and Notice
After a landlord files the complaint, the sheriff or constable will notify the tenant by serving the summons on the tenant or sub-tenant or by attaching it conspicuously to the property, on or before the third court day after the complaint was filed. The summons will explain that a hearing is scheduled for the fifth court day after the complaint was filed, and that the tenant should appear and show cause why the landlord should not be granted relief.
At the hearing, the judge has the authority to adjourn the proceedings for up to seven days. The adjournment may be longer than seven days if both tenant and landlord agree.
Trial and Judgment Against Tenant
At the trial, if the landlord proves that the tenant has not paid the rent or any part of the rent, the landlord will prevail. The judge will enter a judgment against the tenant for unpaid rent and court costs, and the tenant will be ordered to leave the dwelling within four days. However, if the tenant has a certificate signed by a physician indicating that an eviction within 4 days would endanger the health or life of any occupant of the premises, the judge has the power to extend that time for as long a period as he thinks necessary and just.
Tenant’s Right of Redemption
At any time before the actual carrying out of an eviction order, the tenant has the right to redeem the leased premises by offering to the landlord or the landlord’s agent in cash, certified check, or money order all past due rent and late fees, plus all court awarded costs and fees.
However, the tenant does not have the right to redeem if the landlord shows that more than three judgments of restitution (eviction orders) were issued against the tenant in the 12 months preceding the filing of landlord's complaint.
The tenant has the right in an eviction action to use any defense available under the law (such as rent escrow or the defenses mentioned in TENANT DEFENSES FOR FAILURE TO PAY RENT below). If tenant prevails on the basis of such a defense, then even if the judgment includes an order of restitution against the tenant, it will not be considered an order of restitution in relation to the right to redeem.
Eviction Procedure
When the judgment is for the landlord and the tenant fails to comply with the order to vacate the premises, the landlord may ask the court to issue a warrant (called a “warrant of restitution”) to the sheriff or constable directing the tenant to restore possession of the premises to the landlord. The landlord must request this order within 60 days of the date of the judgment, or the case is considered dismissed. The landlord is permitted to remove the tenant’s personal property, by force if necessary, at the eviction.
Appeal
Either the tenant or the landlord may appeal the judgment but the appeal must be made within four days of the date of judgment. If the tenant wants to delay execution of the judgment during the appeal, he must post a bond.
In an action by the landlord for recovery of rent or for possession of leased premises for non-payment of rent, or in an action brought by the tenant asking for one or more of the kinds of relief provided by the rent escrow law, the tenant may claim as a defense or as the basis for his or her action that the landlord has materially breached a provision of the written lease or a condition that constitutes a repudiation of a written inducement to rent the premises. These material breaches include but are not limited to the following:
The procedural and substantive provisions of the rent escrow law will apply to any action or defense based on this law.
A tenant occupying a dwelling for a term of one year or less who wishes to terminate the tenancy must give the landlord 30 days written notice before the end of the rental period. The tenant and the landlord may agree to a longer period of notice but state law requires that the notice period to be given by the tenant is the same or longer than is required for the landlord
In addition, every tenant must give the landlord at least 72 hours (3 days) notice before actually moving out. The landlord or the landlord’s agent then has the right to inspect the premises for any violation of conditions of the tenancy and if the tenant has committed any violations, he or she must provide the landlord with their next address.
Upon vacating the premises, the tenant must lock all doors, windows, and other openings and leave the premises clean and free of trash. Within 24 hours after vacating, the tenant must give the keys to landlord or the landlord’s agent, either in person or by registered mail, and the tenant may receive a receipt.
If the tenant fails to comply with these requirements, the tenant is liable for a fine of $25 to $100. NOTE: Delivery of the keys and acceptance by the landlord or the landlord’s agent does not relieve the tenant of any liability for rent due or to become due, or for any other obligation, under the terms of the lease or rental agreement.
Where a tenant's lease is for one year or less and the landlord wishes to terminate the tenancy, landlord must give tenant at least 60 days' written notice before the end of the year, month, or week when the tenant is to leave.
However, in the following situations a minimum of 30 days’ notice before the end of the lease term is required, unless the lease provides otherwise:
In the following situations, regardless of the length of the lease term or rental period, the landlord is required to give 60 days’ minimum notice (unless the lease provides otherwise):
If landlord does not comply with these requirements for notice to tenant, he will not be entitled to recover possession of the premises until proper notice is given.
The notice to tenant must be in writing and served on the tenant or left at his or her home or business, or served on his or her agent or any occupant of the premises. If there is no one living on the premises, then the notice may be served by being posted upon a conspicuous part of the premises.
If the landlord has given to the tenant a proper notice to end the tenancy and the tenant continues to occupy the premises, the landlord may seek to evict the tenant or may continue the tenancy at double the rent that was payable under the original lease.
If the landlord seeks to evict the tenant and the judgment is in favor of the landlord, the tenant will be liable for damages of up to double the rate of rent of the tenancy plus the landlord's court costs in addition to the eviction. If the judgment is in favor of the tenant, the landlord will be assessed whatever damages the court decides is fair, in addition to paying tenant's costs in the proceeding.
Either the tenant or the landlord may appeal any judgment to the Circuit Court for Baltimore City, in the manner prescribed by the District Court, except that if the tenant wants to delay execution of any judgment against them during the appeal, he must post a bond. The Circuit Court may not reverse or set aside a judgment by the District Court for matter of form but only if there is a substantial defect.
The provisions about a tenant holding over apply to the tenant’s heirs and subtenants and to any person holding under tenants. If there are two or more tenants, each tenant is entitled to the notices and benefits described in this law.
Generally
If the tenant dies, the tenant’s surviving spouse or any member of deceased tenant's immediate family who was living on the premises with the tenant at the time of the tenant’s death has the right to be substituted as tenant in place of and to the same extent as the original tenant upon continued payment of rent to the landlord.
If the tenant dies and the rent is not paid, the landlord may file suit for summary ejectment against the tenant's personal representative, or if there is none, then against tenant's estate with notice served to the occupant of the premises or, if there is no occupant, by posting on the premises.
Special Rules for Public Housing
If a tenant of housing assisted under a program administered by the Housing Authority of Baltimore City dies, the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death may be considered eligible to enter into a lease in accordance with federal regulations and the occupancy policy of the housing, if the occupant:
If the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death does not satisfy these conditions, the Housing Authority may initiate legal proceedings to evict the occupant no earlier than 10 days following the date of the tenant’s death.
Any person who takes the following actions is guilty of a misdemeanor and shall be subject to a fine not exceeding $500 and imprisonment of not more than 10 days or both for each and every offense:
Obligations of Landlord and Tenant
Except for one, two, and three-family dwellings, the landlord is responsible for the installation and the repair or replacement of all required detectors. The tenant is responsible to inform the landlord by certified or registered mail if any smoke detector becomes defective. A tenant may not remove or render a smoke detector inoperative.
Light Signal for Hearing Impaired
If the dwelling is occupied by a person who is hearing impaired and the tenant has asked for the detector in writing by certified or registered mail, the landlord must provide a smoke detector that is designed (and has been tested and certified by an approved testing laboratory) to alert persons with hearing impairments.
One, Two, and Three-Family Dwellings
An occupant of a one-, two-, or three-family dwelling must:
The International Fire Code requires that smoke detectors be installed in the following places:
If the lower level is less than one full story below the upper level, one smoke alarm installed on the upper level is enough to meet the code.
A “floodplain” is defined as:
Notice Required
Where any part of a residential rental unit or the parking area or separate storage area of the unit is within a floodplain, and the city or some other governmental agency has notified the landlord of that fact, the landlord must give to each prospective tenant the following notice:
NOTICE TO PROSPECTIVE TENANT
The rental unit you are to occupy or the motor vehicle parking area or separate storage facility you are to use (as the case may be) is situated in an area prone to flooding during unusually heavy or prolonged steady periods of rain. Such flooding may damage personal belongings and motor vehicles. Because of this possible loss, you may be eligible for U.S. Government subsidized flood insurance on the personal belongings in your unit. In any event, because of this danger of loss of your personal belongings due to flooding, you may wish to consider acquiring flood insurance which may be purchased from some insurance agents.
Damage to motor vehicles may not be covered by such insurance; therefore you may also wish to determine whether or not you have sufficient motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in this area.
The Baltimore City Department of Planning can provide information pertaining to the susceptibility of this area to flooding. You may wish to contact that Department, at (telephone number), before signing either this acknowledgment or the lease agreement for this rental unit.
ACKNOWLEDGMENT BY PROSPECTIVE TENANT
I acknowledge reading and understanding the foregoing warning concerning flooding. I have been provided time, prior to signing either this acknowledgment or a lease, to contact the Baltimore City Department of Planning concerning the susceptibility of the area around my rental unit to flooding.
_________________________________
Tenant’s Signature
This notice must be printed in bold face type, set apart from the body of the lease, with space for the tenant's written acknowledgment. If there is a written lease, the notice and acknowledgment must be initialed by both tenant and landlord and securely attached to the lease. Where the lease is oral, the notice must be given to tenant before he agrees to the lease.
Liability
A landlord who fails to give the notice after s/he has received notice is liable for any actual damages caused by natural flooding. In a civil action for damages, the landlord has the burden of proving that the tenant was given proper notice. The landlord is presumed to have met that burden if he produces the notice with the tenant's signature.
Notice to Purchaser
If landlord seeks to sell a rental unit that is in an area prone to flooding during unusually heavy or long periods of rain, he must to give to the purchaser a written notice of the possibility of flooding and must file with the Director of Finance of Baltimore City a statement that he notified the purchaser.
The owner of any non-owner-occupied dwelling unit or any rooming house must file an annual registration statement for that unit or rooming house with the Department of Housing and Community Development (DHCD). Apply online for a rental property license. You can also check the status of a license on the DHCD website.
The operators of any multiple-family dwelling or rooming house must also be licensed by DHCD. Multiple-family dwellings and rooming houses are subject to inspection before license renewal.
The Housing Code is violated when a dwelling has a "serious defect." This means the dwelling has a condition that constitutes (or if not promptly corrected will constitute), a fire hazard or a serious, substantial threat to the life, health, or safety of the occupants. A serious defect includes, but not limited to:
Rent Increase Restrictions
When Violation Notice Results from a Tenant Complaint
If a housing code violation notice results from a tenant complaint, the landlord may not increase the rent until the defect is corrected and the notice is abated and the following requirements are met:
For the purpose of this law, a notice of rent increase is presumed to be received by tenant no more than 60 days before expiration of the lease, unless the lease requires a longer notice period, but not more than 90 days.
When Violation Notice Did Not Result from a Tenant Complaint
If a landlord receives a violation notice following an inspection that was not the result of a tenant complaint and the violation notice cites a serious defect, the landlord may not increase the rent until the defect is corrected and the notice is abated (reduced).
If the serious defect is repaired and the violation notice abated within 30 days after expiration of the notice, a rent increase may begin either from the date of abatement or at the time of lease renewal, whichever is later.
Where the violation notice cites exterior defects that can be repaired only when the air temperature is 50°F or more, and the landlord receives the notice between October 1st and April 1st, then the expiration date for correcting those exterior defects is June 1st.
If the violation notice cites a non-serious defect, the landlord may impose a rent increase. However, if the non-serious defect is not repaired within 60 days after expiration of the notice, the rental fee reverts to the amount that was charged at the time the violation notice was issued.
If a serious defect is not repaired within the 30-day period or a less than serious defect within the 60-day period, the landlord may not increase the rent for 6 months following the date of abatement of the notice.
Other Legal Remedies
The provisions of this law do not limit the landlord's right to administrative review of the violation notice under the Housing Code. The tenant may request an appropriate court to stop or prevent a violation of this law.
Rooming Houses and Rooming Units
A “rooming house” means a building that:
A rooming house includes a hotel, motel, or boarding house.
A “rooming unit” means any room or group of rooms that form a single habitable unit occupied or designed or intended to be occupied for sleeping or living, but not for cooking purposes
No person may operate any multiple-family dwelling or rooming house without a license.
Fair Housing Action Center of Maryland (Formerly Baltimore Neighborhoods, Inc.); Edits by Regina Strait, Esq.