Renters: Avoiding Eviction & Working with Landlords

The application portal for COVID Rent Relief Round 4 will close at midnight on Friday, January 13, 2023 and no applications will be accepted after that.  If you have already submitted an application for COVID Rent Relief, you will be contacted by a case worker when your application is assigned. 

• If you are experiencing a housing emergency (eviction judgment or red and white notice from the sheriff) please call 311 to be connected with DHHS' Housing Stabilization Services to request eviction prevention assistance.

If you are considering leaving your apartment prior to receiving rental assistance, please contact one of the  Support Organizations listed in the blue box on this page for guidance about your options. If you move out before you receive rental assistance, the amount owed could follow you.

See information below about what to do if you receive a court summons or eviction notice. In the meantime, tenants are encouraged to pay what they can for rent as the rent is still due.

The Extended Limitations Against Rent Increases and Late Fees Act of 2021, which prohibited a landlord from issuing tenants a rent increase notice that is greater than the Voluntary Rent Guideline (VRG) and a waiver of late fees for certain situations, is no longer in effect.

Rent Increase Notices

As of May 16, 2022, notices of rent increase may be provided to tenants for an amount that exceeds the Voluntary Rent Guideline (VRG). We encourage landlords to work with tenants during this difficult time.

A notice of rent increase provided to the tenant at least 90 days in advance may take effect if it meets the requirements at the time of issuance and other requirements.

Each written rent increase notice from a landlord must be given at least 90 days prior to the commencement of the increase and contain the following information:

1. The current (old) rent amount; the proposed new rent amount; and, the percentage increase in monthly rent;

2. The effective date of the proposed increase; 

3. The applicable rent increase guideline (e.g., 0.4% on or after Feb. 4, 2022); and, 

4. A notice that the tenant may ask the Department to review any rent increases that the tenant considers excessive. 

Renters or landlords who have questions or want help can contact the Montgomery County DHCA Office of Landlord-Tenant Affairs at 311 (240-777-0311) or email [email protected] 

Late Fees

County law requiring a waiver of late fees in certain situations expired on May 15, 2022, Current late fee requirements are addressed in the Landlord Tenant Handbook . We encourage landlords to work with tenants on agreements to maintain housing during this difficult time.

To incur a penalty for the late payment of rent, a tenant's rent payment must be more than 10 days late and the penalty cannot exceed 5% of the monthly rent.

Renters or landlords who have questions or want help can contact the Montgomery County DHCA Office of Landlord-Tenant Affairs at 311 (240-777-0311) or email [email protected]

As of October 1, 2021, landlords cannot file a Failure to Pay Rent (FTPR) case, unless they have provided the Tenant with a  Notice of Intent to File for Summary Ejectment form at least 10 days ahead of filing.

The notice was mandated by state law to help tenants, by:

• giving them advance notice that the landlord may file a case in court, so they can pay past due rent before a court case is filed and late fees charged; 
• giving them information (web and phone number) to get information on rental assistance availability; and,
• giving them lists of available legal services on the back.

The form is NOT a notice of eviction, but a notice that rent is past due and that the landlord may file an eviction case with District Court. Tenants cannot be evicted without a court hearing, the issuance of a judgement, and a scheduled action by the Sheriff’s Office. Tenants who pay the rent in less than 10 days avoid the filing of a case, with the late fees.

If the rent is not paid within 10 days, the landlord can file a case and charge late fees. The District Court will set a date for a hearing, and tenants can get free legal advice (see list of Tenant Support in the blue box at the top of this webpage); should attend court; and, should work with their landlord on payment options. Eligible tenants should apply for COVID Rent Relief or contact one of the Support Organizations listed on this page for help in submitting application for available rent relief.  The application portal for the COVID Rent Relief program will close at midnight on Friday, January 13, 2023.

1.  Call for free help to get access to rights and protections.

• Maryland Court Help Center hotline: 410-260-1392 (Mon-Fri, 8:30 a.m. – 8 p.m.)
• Maryland Legal Aid: 888-465-2468
• Homeless Persons Representation Project: 410-387-3126

2.  Call 311 (240-777-0311) to ask for Emergency Eviction Prevention. 

• If you receive a judgment from the Court or a red/white notice from the Sheriff, please call 311 (240-777-0311) for emergency eviction prevention assistance.  
• If you already applied for rental assistance, send an update about your court status, to get priority. Send email to: [email protected] with your rent application case number and a copy or photo of your court summons or judgment (or red-and-white notice on your door).

3.  Contact a Support Organization for free tenant counseling services

• Contact one of the Support Organizations  listed in the blue box on this page for guidance about your options and steps you might take to avoid eviction. 
• If you are considering leaving your apartment prior to receiving rental assistance, please contact one of the Support Organizations listed in the blue box on this page for guidance about your options.
• If you move out before you receive rental assistance, the amount owed could follow you. 

4. Come to Court!

• You must appear in Court to present a defense and get your paperwork from court.
• Then, review "What to Do if You Receive an Eviction Decision from Court" (below) or ask one of the Support Organizations (listed on this page) for your next steps.
• Note: Tenants can call the Clerk of the Montgomery County District Court (301-563-8800) to confirm any scheduled hearing.  (TTY users call  Maryland Relay: 711)

Remember that you cannot be forced to leave your apartment without a court order and the presence of the Sheriff. If you have questions about a notice from your landlord, call 311 (240-777-0311), Office of Landlord-Tenant Affairs.

If you have received a decision for eviction from the court, you still have some options:

• Call 311 (240-777-0311) to ask for assistance.
• If you already applied for rental assistance, send an update about court status to get priority. Send email to: [email protected] with your rent application case number and a copy or photo of your court summons or judgment (or red-and-white notice on your door). The rent relief application will quality for priority on the basis of facing eviction.
• If you are considering leaving your apartment prior to receiving rental assistance, please contact one of the Support Organizations listed on this page for guidance about your options. 
• If you are able to pay the amount owed you can give that payment to your landlord and they must accept it and cancel the eviction process if rent is brought current. 
• Remember that you cannot be forced to leave your apartment without a court order and the presence of the Sheriff. If you have questions about a notice from your landlord, call 311 (240-777-0311) and ask for the Office of Landlord-Tenant Affairs.

Landlords may communicate requests to vacate, reflecting the lease agreement, and pursue collection actions.

However, no eviction can occur until

• the court hears the case,
• the court issues a court order, and
• the eviction is scheduled by the Sheriff’s Office.

That means that a landlord can never change the locks, cut utilities, or remove your belongings without a court order and a Sheriff present.

If a landlord attempts to physically evict you without a court order, you can call the Police non-emergency number at 301-279-8000.

For more information, call 311 (240-777-0311) to reach the Office of Landlord-Tenant Affairs.

Tenant Holding Over

When your lease expires, if you are not offered (or choose not to sign) a lease, you automatically become a month-to-month tenant. Either you or the landlord can  give a notice to vacate. Sixty days’ notice is required from the landlord for notice to vacate, which can be at lease expiration or later. The notice period for the tenant is contingent upon the lease. If you haven’t left by the end of the notice-to-vacate timeframe, the landlord can file a tenant holdover case to enforce the notice to vacate.  

If you receive a notice from your landlord to terminate your lease or vacate the property or if you receive a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or call  one of the  Support Organizations for assistance. Be sure to go to Court on the assigned date.

Breach of Lease

A tenant may be given a 30-day notice that they are in breach of the lease (for example, the apartment doesn’t allow pets and the tenant has a dog). A tenant can remedy a breach and the landlord should rescind the notice but this is not required by law. For example, the tenant can rehome the dog and the breach is remedied.

It is up to the judge to decide whether the breach is substantial and warrants eviction.

If you receive a breach of lease notice from your landlord or a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or, call one of the Support Organizations for assistance. Be sure to go to Court on the assigned date.  

Failure to Pay Rent

A landlord can file a Failure to Pay Rent case when a tenant is behind on their rent. 

 Renters have the right to pay owed rent at any time. The landlord must accept the rent payment and cancel the eviction process if rent is brought current, unless the landlord has filed and been granted a no right of redemption. Payment of rent will not stop an eviction in this instance unless the landlord changes their mind.

If you receive a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or, call on of the Support Organizations for assistance. Be sure to go to Court on the assigned date.

Note: If you are considering leaving your apartment prior to receiving rental assistance, please contact one of the Support Organizations listed on this page for guidance about your options. If you move out before you receive rental assistance, the amount owed could follow you.

The  Landlord-Tenant Handbook includes a list of “Reasons beyond the Tenant’s Control” under which a tenant may terminate the lease agreement by giving the landlord a 30-day written notice to vacate.

This notice does not have to coincide with the rent payment cycle. This option applies to a tenant who cannot fulfill the balance of the rental contract because of an involuntary change of employment from the Washington Metropolitan area (generally 25 miles); death of a major wage earner; unemployment; tenant or tenant’s child being the victim of domestic violence; a landlord harassing the tenant or violating the tenant’s privacy rights; the tenant or tenant’s spouse being 62 or older, no longer able to live independently and needing to move to a nursing home or other senior housing; tenant being incarcerated or declared mentally incompetent; or for any other reasonable cause beyond the tenant’s control.

The tenant should be prepared to explain the specific circumstances in the notice to vacate and provide evidence to substantiate the reasons at the time the notice is given. The tenant is responsible for rent through the notice period. Under these circumstances, the tenant may be liable for a termination fee not to exceed one month’s rent or actual damages sustained by the landlord as a result of the breach, whichever is less.

More information about this topic is available in the Landlord-Tenant Handbook or by sending email to [email protected] to reach the Office of Landlord-Tenant Affairs.

• Utilities: If you apply and are eligible for the COVID Rent Relief program, you may receive up to $2,000 in assistance for utility debts. However, the total you may be awarded is dependent on your gross household income, utility bill balance and number of months of assistance for which you are eligible. We also encourage you to apply for utility assistance through the County’s Office of Home Energy Programs if you meet the eligibility criteria.  
• See resources for information on financial assistance, food resources, health and utilities
• Visit WorkSource Montgomery or call 301-929-6880 for job search supports.

The County offers  COVID-19 health, safety and tenant posters for apartment buildings, including multilingual flyers on “Stop the Spread of Germs,” and “Social Distancing.”

Department of Housing & Community Affairs (DHCA) handles Housing Code Complaints

• DHCA Code Enforcement staff enforce the County’s housing and building maintenance codes. Housing Code Enforcement staff have resumed interior inspections.
• Contact DHCA online or call 311 (or 240-777-0311) to submit a complaint or to request services.
• Staff from DHCA Housing Code Enforcement will respond by phone or e-mail to every service request to assess the situation, consider ways to address it and explain the timing of any further actions. 

The  Landlord-Tenant Handbook describes the rights and responsibilities of landlords and tenants in Montgomery County.

If you have questions or concerns, contact the County’s Office of Landlord-Tenant Affairs directly by

• calling 311 (240-777-0311)
• submitting an online request, or
• emailing [email protected].

The County Office of Landlord-Tenant Affairs (OLTA) enforces County landlord-tenant laws, state security deposit law; questions about leases and, rights and obligations of tenants and landlords. To reach OLTA, call 311 (240-777-0311) and ask to speak with someone. An investigator will call you back within 48 hours; often on the same day. OLTA staff tries to call multiple times and will call the following day as well.

When you speak with a Landlord-Tenant investigator, they will provide as much support over the phone as possible. If a complaint form is needed to solve the issue, we will provide you the form and pursue the complaint process.