Landlord Rights and Responsibilities
By law, landlords have certain responsibilities to tenants and they also have certain rights that should be observed. Landlords’ rights and obligations are listed below.
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Landlord's Rights:
- Access a property for non-emergency repairs after giving at least 24 hours’ notice;
- Access for inspections scheduled and required by DHCA Housing Code Enforcement after giving at least 72 hours' notice;
- Sue a tenant for Failure to Pay Rent after 10 days of having provided the Tenant a Summary Ejectment Notice for Failure to Pay Rent;
- Raise rent once every 12 months with proper notice (at least 90 days);
- Charge a late fee not to exceed 5% of the monthly rent due, after rent is ten days late;
- To inquire about and confirm payment of utility bills and to verify current status of the utilities that are in the tenant’s name;
- Review the credit of all tenants over age 18 who will be residing in their property;
- Review the credit of any potential subletter;
- Retain all or part of the security deposit to cover the actual costs incurred to repair damage to the property in excess of ordinary wear and tear;
- File a complaint with the Office of Landlord-Tenant Affairs if they believe a tenant is in violation of Landlord-Tenant law;
- Call 311 or 240-777-0311 to file a Code Enforcement complaint when the health and/or safety of a tenant may be at risk;
- Screen tenants before signing a lease. The Department provides access to CoreLogic Safe Rent at a reduced rate. This discount is available only to licensed landlords who own or manage ten or fewer units.
Landlord Responsibilities pertaining to the Lease:
- Comply with Federal, State, and local laws relating to rental property including housing code standards, non-discrimination laws, state or local laws governing lease agreements and security deposits, zoning laws and health and fire safety codes;
- Provide contact name and number to tenants for someone who is available at all times in an emergency;
- In a multi-family building, display in the lobby, vestibule, rental office or other prominent public place, a sign issued by DHCA about filing a complaint and prohibited retaliatory practices;
- Comply with all other provisions that may be contained in the lease;
- Provide the tenant with the name, address and telephone number of the person who is authorized to accept notice or legal service of process on behalf of the landlord. This information must be contained in the written lease or posted in a conspicuous location on the property;
- Provide each tenant a copy of the Landlord-Tenant Handbook at lease signing or the website where they can access this information;
- Include a lease summary with every lease that contains the tenant’s rights and responsibilities under applicable law and as described in the lease; and,
- Contain a window guard addendum to the lease explaining the tenant's rights regarding window guards and the landlord's obligations.
Landlord Responsibilities Generally:
- Present the property at the beginning of the tenancy, in clean, safe and sanitary condition, free of vermin and rodents;
- Keep all areas of the building, grounds, and facilities in a clean, safe and sanitary condition;
- Make all repairs and arrangements necessary to put and keep the dwelling unit in as good a condition as it was, or should have been, when the tenancy began;
- Maintain all electrical, plumbing, and other facilities and conveniences supplied in good working order;
- Supply and maintain appropriate trash receptacles and pay for its frequent removal.
- A landlord in a multifamily unit must pay for trash removal and recycling and cannot pass this cost on to the tenant.
- A landlord in a single-family rental property must pay for the frequent removal of trash but does not have to provide or maintain appropriate receptacles.
- A lease for a single-family rental property may require a tenant to pay for trash collection service if that service is provided directly by a private trash hauler and the rental property is not located in the County trash collection district.
- Supply hot and cold water as reasonably required by the tenant and adequate heat as required by the Housing Code (at least 68º). In a rental property located in a common ownership community, the landlord must provide water, hot water and adequate heat to the extent that the landlord is responsible for providing these services. This does not affect any provision in a lease that requires a tenant to pay for gas, heating oil, electricity, water or sewer service that the tenant uses;
- Check all smoke detectors prior to occupancy to assure they are in working order and replace all smoke detectors after ten years;
- Provide a carbon-monoxide detector if the rental property contains fuel-burning appliances;
- Maintain all electrical, plumbing, major appliances and other facilities and conveniences supplied by the landlord in good working order;
- Provide A/C that maintains a temperature of not more than 80 degrees from June 1st through September 30th of each year (exception, detached single-family homes) and maintain A/C in working order if it is provided by the Landlord;
- Provide tenants with at least 24 hours' notice before making non-emergency repairs;
- Provide at least 72 hours' notice prior to any DHCA inspection scheduled by Housing Code Enforcement.
For questions regarding your rights and responsibilities under Landlord-Tenant law call the Office of Landlord-Tenant Affairs (240-777-0311) or email us at OLTA.Intake@MontgomeryCountyMD.gov.
To file a Complaint with the Office of Landlord Tenant Affairs please view instructions here. Please note, Landlord-Tenant complaints cannot be anonymous.