Key Takeaways:
Maryland landlords must provide required disclosures and maintain safe, habitable premises
Tenants are entitled to habitable housing, due process in evictions, freedom from discrimination.
Landlords can screen tenants and raise rent when legally permitted.
Evictions must follow court procedures; self-help actions such as lockouts are prohibited.
The recipe to success and avoiding problems as a landlord in Maryland is knowing the state's landlord-tenant law.
By familiarizing yourself with these vital pieces of stat and federal laws, you'll be able to know things allowable circumstances for landlord entry, how to apply an eviction, what disclosures you must provide your tenant, and how to increase a renter's rent payments.
Landlord and tenant rights in Maryland highlights how the engagement between a landlord and a tenant under a rental contract must ensure that each party's rights are upheld.
This blog from Maryland and Delaware Group Property Management will walk you through everything you need to know regarding both your and your renter's rights and responsibilities under the landlord-tenant law.
Landlord Disclosures in Maryland
Landlords must, under the Maryland landlord-tenant legislation, inform their renters of certain disclosures before signing. Failure to do so will inevitably lead to legal disputes and problems.
The following disclosures apply:
Lead paint concentrations. You must provide this disclosure to your tenant if your property was built before 1978.
The name and address of the person managing the premises. This can be the landlord or their agent.
The tenant's obligation regarding utility payment.
The condition of the premises when it comes to health and safety.
Renter's Rights & Obligations
Established Maryland landlord-tenant statutes grants renters a right to:
A home fit for human habitation.
Have requested repairs addressed within 30 days after proper notification.
A fair eviction process free of discrimination.
Live free from landlord retaliation for acting within their rights.
Break the lease for a legally justified reason.
Get proper notification before a rent raise.
The list of obligations for tenants under Maryland landlord-tenant law includes the following:
Properly notifying the landlord before moving out.
Maintaining the unit's habitability in good condition.
Keeping the unit clean as per the terms of the rental contract.
Caring for the unit by making small repairs and notifying the landlord when maintenance issues arise.
Respecting other tenants' or neighbors' right to quiet enjoyment.
Respecting all terms and policies of the rental contract.
Pay the rent money on a set date each month.
Landlord Rights & Obligations in Maryland
The state's landlord-tenant law grants landlords the permission to:
Evict a tenant who is unable to abide by any of the terms of the lease.
Charge late fees.
Raise rent (with notice) after the end of the current lease term.
Enter your tenant's rental unit for reasonable access purposes such as carrying out inspections and maintenance.
Require all prospective tenants be subject to a mandatory screening process.
The list of your responsibilities as a Maryland landlord and owner includes the following:
Providing tenants with certain mandatory disclosures and notices before allowing them to sign the lease.
Entering a tenant's rental unit only for access purposes mentioned in the residential lease agreement.
Treating tenants fairly as per the Federal Fair Housing Act. Meaning, no discrimination or preference on the basis of national origin, race, religion, gender identity, or orientation.
Notifying tenants before raising their rent or if the property has been sold to a new owner.
Making reasonable efforts to re-lease the unit after a tenant breaks their lease.
Obtaining a court order before evicting a tenant and re-taking possession of the unit for a lease violation.
Overview of Maryland Landlord Tenant Laws
Habitability
Both rental property owners or landlords and their tenants have certain responsibilities when it comes to a unit's habitability. As a landlord, Maryland legislation states that you must ensure that the property is free of defects and meets the basic safety and health codes.
Learn and remember: if a landlord fails to maintain the property, they may be in violation of Maryland laws and risk court costs and damage to their business as well as the landlord-tenant relationship.
For instance, the landlord-tenant law states that a leased rental property must be free of pest infestations and have heating, hot water, smoke, and carbon monoxide detectors. Your tenant must ensure they keep the property clean and hygienic, and report maintenance issues to the landlord on time
Tenant Eviction
Under Maryland state law, once a tenant signs a written lease, they agree to abide by all terms of the contractual agreement. If the tenant fails to uphold these terms—for example, by not paying rent when it is due—you may be able to terminate their tenancy in accordance with Maryland laws.
Under the state landlord-tenant law, landlords must go through the state's eviction procedure to evict the tenant from the unit. Landlords must not try to remove the tenant by any other means, such as locking them out or throwing out their belongings.
These are illegal “self-help” eviction tactics and can also be considered forms of landlord retaliation if done in response to a tenant exercising their legal rights.
Security Deposits
Most landlords in Maryland charge tenants a security deposit as part of the initial move-in costs. It helps landlords offset some of the expenses associated with lease violations, albeit to some extent.
If, for instance, a tenant breaks their lease unjustifiably, landlords may be able to cover their losses by withholding part or all of the tenant's deposit.
Maryland, just like other states, has a security deposit law in place. It outlines what a landlord can and cannot do when it comes to tenants' security deposits. For example, you must not ask for a deposit exceeding the equivalent of 2 months' rent money.
You must also store it in an interest-bearing account not associated with your personal finances. Most professionals in this situation opt to use an escrow account for this purpose.
Rent Increases
Under Maryland laws, there is currently no rent control in place. Therefore, a landlord decides whether to raise the price by any amount and may do so as often as they wish. Be sure to learn your local jurisdictions, though as they may have some restrictions regarding what basis you can call for increases.
As well, be mindful of preserving a good landlord-tenant relationship– the expense of replacing a tenant can quickly outstrip whatever gains an increase in price could net.
Bottom Line
All your actions as a property owner must obey the Maryland landlord-tenant laws if you want to avoid disputes and maintain the smooth operation of your business.
If you're looking for a rental property management expert, look no further than The Maryland and Delaware Group Property Management. Our specialty is in full-service property management. Get in touch today to learn about our professional services!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that landlord tenant laws pertaining to property management may change, rendering this information outdated by the time you read it.
