Landlord Services
Summary of Service Focused Resources for Landlords
Montgomery County offers a number of free services for Landlords, including but not limited to: Community Service Mediations, Judiciary Sponsored Legal Advice, and DHCA’s Office of Landlord Tenant Affairs’ Mediation and Administrative Hearings.
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Community Organizations - Mediations
If you and your tenant are open to mediation and/or focused on negotiating a payment plan, Housing Initiative Partnership (HIP), Latino Economic Development Center (LEDC) and Conflict Resolution Center of Montgomery County (CRCMC) provide negotiation services:
- Housing Initiative Partnership, Inc.: 301-916-5946
- Latino Economic Development Center: 202-540-7438
- Conflict Resolution Center of Montgomery County (CRCMC): 301-652-0717
Judiciary Services – Legal Advice & Free Consults
If you are seeking legal advice or need assistance filling out District Court forms, the Maryland Court Help Center provides free legal advice on Landlord-Tenant matters for individuals that do not have an attorney. The Help Center attorneys can explain the law, assist in interpreting and filling out court forms, and prepare landlords for their hearings. Attorneys are available on the phone Monday-Friday from 8:30am-8pm at 410-260-1392. The Rockville District Court Help Center is located at 191 East Jefferson Street, Rockville MD 20850, Hours of operation are from 8:30 a.m. - 4:30 p.m., Monday - Friday.
Office of Landlord-Tenant Affairs – Mediation & Administrative Hearings
The DHCA Office of Landlord-Tenant Affairs mediates disputes between landlords and tenants. The Office answers questions from the public regarding landlord-tenant issues; investigates and resolves formal complaints from tenants and landlords; and, when a resolution is not forthcoming, refers the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication.
Complaints - Landlord-Tenant Complaint Process
Landlords or tenants may file complaints with the Office of Landlord-Tenant Affairs. However, some complaints can be resolved without filing a written complaint. To file a complaint:
- Call 240-777-0311 if you have Landlord-Tenant questions. Often, just speaking with an Investigator can answer your questions and resolve your concerns without filing a complaint. However, should you need to file a complaint, the complaint form can be mailed to you or printed from our website (PDF).
- On the complaint form, provide the following information:
- Your name, address, daytime and evening telephone numbers and email address;
- The name, address, daytime telephone number and email address of the party against whom you are complaining;
- The address of the rental property;
- The specifics of the complaint; and,
- The remedy or action you are seeking.
- Send a copy of the complaint form to the other party immediately.
- Wait one week to allow time for a response; however, an urgent matter may be filed immediately. If in one week the complaint remains unresolved send a copy of the complaint form to Landlord-Tenant Affairs. To expedite investigation of your complaint, provide a copy of the lease and any supporting documentation (e.g., photographs, letters, etc.) with the complaint form.
The Office will send an acknowledgement letter upon receipt, giving the case number and the name of the Landlord-Tenant Affairs Investigator assigned to the case.
The Complaint Process
The Investigator acts as a fact finder and examines relevant documents. Both parties are interviewed as the Investigator works to determine whether there has been a violation of Landlord-Tenant law. The Investigator attempts to conciliate the dispute between the parties. To resolve a complaint, the Landlord-Tenant Investigator will gather relevant information, and schedule a conciliation conference with both the landlord and tenant in attendance, in person or by telephone.
If a resolution to the dispute is reached, and if necessary, the Investigator will draft an agreement to be signed by the landlord and the tenant. This agreement clearly states what each party has agreed to do to resolve the dispute. These agreements are also signed by a representative of Landlord-Tenant Affairs. However, in many instances, the formality of a written agreement is not necessary. The agreement does not mean that either party admits guilt. Rather, the agreement is made in good faith to resolve the dispute. A violation of the agreement, however, can result in legal action.
The Commission on Landlord-Tenant Affairs
If a complaint is not resolved, the Investigator refers the complaint to the Montgomery County Commission on Landlord-Tenant Affairs (“Commission”). Commission members act as Administrative Judges. The Commission is composed of 15 members: 4 tenant representatives; 4 landlord representatives; 4 members of the public who are neither tenants nor landlords; and 3 alternates, one in each category. Commissioners who have a potential conflict with either a landlord or tenant on a specific case are required to recuse themselves from any decisions regarding that complaint.
After receiving a complaint, the Commission has three options:
- decide there is no violation of law, in which case the Commission dismisses a complaint without conducting a hearing;
- decide there is sufficient evidence of a violation and schedule a hearing to allow both sides to present their testimony and evidence under oath; or
- refer the case back to Landlord-Tenant staff for further investigation.
These decisions are at the sole discretion of the Commission. Hearings are usually conducted by a panel of three Commissioners, one representative from each category. The parties can represent themselves or be represented by an attorney.
Information is available to help you Prepare for your hearing before the Commission.
Landlords cannot be represented by their management companies and parties cannot be represented by someone who is not a lawyer. If English is not the primary language of the landlord or tenant, an interpreter will be provided, at no expense, on request.
After hearing the case, the Commission discusses the facts of the case; makes a determination and documents the decision in a written Decision and Order. The Commission can order any or all the following if they find the landlord has created a defective tenancy:
- Immediate termination of the lease;
- Return of all or part of a tenant’s security deposit wrongfully withheld;
- A penalty up to three times the amount of the deposit unreasonably withheld;
- Return of all or part of any rent already paid to the landlord;
- An award of up to $2,500.00 for damage or loss incurred by a tenant;
- A reasonable expenditure for temporary or substitute housing;
- An order allowing a tenant to correct the condition that constitutes the defective tenancy and abate the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant; and
- After a finding of retaliatory or illegal eviction, reasonable attorney’s fees incurred by the tenant up to $1,000.00.
The Commission can order either or both of the following if they find the tenant has created a defective tenancy:
- Immediate termination of the lease and possession of the rental property under State law; and,
- An award of up to $2,500. for damage or loss incurred by a landlord.
The Decision and Order is legally binding. If any party fails to adhere to the provisions of the Decision and Order, the County will take enforcement action. If either party disagrees with a Decision and Order, the Decision and Order may be appealed to the Circuit Court for Montgomery County. If the Decision and Order contains a monetary award, and the appellant wants to stop enforcement, they must post a bond with the Circuit Court in the amount of the award.
The Commission has issued numerous Decisions and Orders that have addressed a variety of Landlord-Tenant issues, including security deposits, utility conversion, breach of lease, license revocation and habitability. Please review the Commission’s Decisions and Orders to get an idea of how they interpret the law given certain fact patterns. These Decisions and Orders are available online.