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The Complaint Process |
Landlords and tenants may file complaints with the Office of Landlord-Tenant Affairs (OLTA or Landlord-Tenant Affairs). Tenant Associations and business/LLCs/ Trusts may also file a complaint, but must be represented by an attorney. The “complaint” outlines the alleged facts of the case, identifies what the complainant (the person filing the complaint) wants in terms of money or other relief to resolve the dispute, and why they believe they are entitled to that relief. The complaint also identifies the “respondent” (the party against whom the complaint is filed).
Before filing a complaint
Before filing a complaint, parties should contact OLTA by calling MC311 or submitting an email inquiry at [email protected], to understand the applicable laws and how they pertain to the dispute. The Landlord-Tenant Handbook may also be referred to for supplemental information. After obtaining guidance from our office, the Complainant should contact the other party to try to resolve their differences; however, if this proves to be unproductive, a complaint may be filed with OLTA.
Note- OLTA will not investigate matters that have been filed and are pending in court by either party. For matters filed in court, you may contact the Conflict Resolution Center of Montgomery County (CRCMC) to schedule a mediation session and/or the District Court Help Center for legal assistance.
To file a complaint, the following information is required:
- Complainant name, current address, daytime and evening telephone numbers, and email address.
- The name, address, daytime telephone number, and email address of the respondent (the party against whom the complaint is filed).
- The address of the rental property and the type of property.
- The specifics of the complaint.
- The remedy sought.
Note—if either party’s contact information is missing from the complaint form, it will be considered incomplete and will not be processed.
Once the complaint has been submitted, the complainant should send a copy to the respondent. Even in the most challenging circumstances, the other party may try to resolve the issues once they receive a complaint form. If you and the other party resolved your dispute, please contact OLTA to withdraw the complaint.
After a complaint has been filed
Complainants will receive an acknowledgement letter within approximately 10 days, assigning the complaint a case number and a Landlord-Tenant Investigator.
The OLTA Investigator will also contact respondents within approximately 10 days; a copy of the complaint will be provided upon request. The Investigator is a neutral factfinder who examines documents and interviews the parties and others to determine whether there has been a violation of Montgomery County law.
During the investigation, the investigator may request documents from the parties, such as the rent ledger, a copy of a lease, copies of notices, invoices, photographs, and contact information of third parties related to the case.
When applicable, the Investigator will attempt to conciliate the complaint to see whether the complainant and respondent can reach a mutually agreeable resolution. Depending on the situation, this may involve holding a conciliation conference with both parties or separate discussions with each party.
If the parties reach a resolution, the Investigator may draft a consent agreement to be signed by both parties and an OLTA representative. In many cases, a formal, written agreement is not necessary. The agreement does not mean that either party admits guilt. Rather, it is an agreement made in good faith to resolve the dispute. A violation of the agreement, however, may result in legal action.
If the dispute cannot be resolved and the Investigator determines there may be a violation of Montgomery County law, the complaint may be referred to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication. COLTA will either accept the case and hold a hearing or dismiss the case.
Note that Tenant Associations, businesses, LLCs, and Trusts must be represented by attorneys at the COLTA hearing. All other parties may represent themselves.