Tenant Application

In Montgomery County, if you are planning to offer a housing unit for rent (i.e., a condominium, single-family home, accessory dwelling unit or apartment in a multi-family building), you must first obtain a rental facility license from DHCA, Licensing and Registration. Learn more on our Licensing Page. 

Landlords may not discriminate based on race, color, national origin, religion, sex, marital status, physical or mental disability, presence of children, ancestry, source of income, sexual orientation, or age*. For more information about federal and state non-discrimination laws, see “ Laws Against Housing Discrimination” and Landlord-Tenant Handbook p. 6-7.

Note: Exceptions apply for "senior buildings' or Housing for Older Persons. The Secretary of HUD must designate the property to assist elderly persons (as defined in the state and federal program) and must be intended for and solely occupied by persons 62 years of age and older or 55 years of age or older.

Each landlord must reasonably provide for the maintenance of the health, safety, and welfare of all tenants and all individuals properly on the premises of rental housing. For more information see: Housing and Building Code Enforcement Handbook and  Housing and Building Maintenance Standards - Regulations.

You can review fire safety regulations.

• Application Fees
  A landlord is allowed to charge a prospective tenant a non–refundable application fee. State law requires landlords with four or more dwellings at one site to place a statement on the application form notifying tenants that:
  • if a landlord takes any fees from a prospective tenant (other than a security deposit) that exceed $25.00, the landlord must return the fees or be liable for twice the amount of those fees in damages;
  • the money must be returned within 15 days after receiving written notice from either party that no tenancy will take place; and
  • the landlord may only keep those fees used for a credit check.
• Non-Refundable Fees
  Landlords are prohibited from charging non-refundable fees such as: reservation or holding fees, move-in, redecorating fees, cleaning fees, pet fees or deposits, etc. Note: Exceptions exist when allowed by condominium communities' bylaws. 
• Trash Fees
  • Trash fees cannot be required in multifamily dwellings in Montgomery County. If "valet" trash pick-up is offered, it MUST be optional.
  • Recycling is considered a sub-set of trash collection and as such, a fee for its removal cannot be charged.
  • In single-family rentals NOT located in a County trash collection district, a tenant can be required to pay trash collection charges.
• Amenity Fees
  A one-time, non-refundable amenity fee may be charged if an amenity is offered. This information must be included in the lease.

DHCA provides model leases that landlords can use for their rental properties. These leases comply with all applicable State and County Landlord-Tenant laws and DHCA encourages their use to protect the tenant’s and landlord’s rights

• Single-Family English (PDF)
• Apartment/Condominium English (PDF)
• Accessory Apartment English (PDF)
• Room Rental English (PDF) | Spanish (PDF)

For more information, see the Article, " The Lease"

The Montgomery County Code requires that all licensed landlords attach the Lease Summary to each new lease. The summary defines the key terms of the lease, summarizes tenant rights and responsibilities, and provides information about services available to tenants from the Montgomery County Department of Housing and Community Affairs (DHCA).

አማርኛ (Amharic) (PDF)  |   English (PDF)  |  Français (French) (PDF) |  한국어 (Korean) (PDF) |  中文 (Mandarin) (PDF) |  Español (Spanish) (PDF) |  Tiếng Việt (Vietnamese) (PDF)

Landlords are required to include the “ Addendum to Rental Application: Criminal History and Background Screening form” in the rental application packet, to be acknowledged by the applicant. The form spells out the tenant protections regarding criminal background checks and limits on changes during the application process. For more information on this form, contact the Montgomery County Office of Human Rights at 240-777-8450.

If a property was constructed prior to 1978, the landlord must include the documents listed below with the lease agreement. In addition, the landlord must do lead testing between each tenancy. Contact the Licensing and Registration unit, via MC311, at 311 (or 240-777-0311) for more detailed information regarding this requirement.

• Lead Paint Addendum (PDF)
• Notice of Tenant’s Rights (PDF)
• Protect Your Family From Lead In Your Home English (PDF) | Español (Spanish) (PDF)

Effective January 1, 2022, Chapter 29 requires all multifamily landlords to place window guards at all openable windows above the ground floor if you have children under 11 years old or on request. A Window Guard Addendum must be included at every lease signing, lease renewal and notice of rent increase. This information must be included in every lease.

አማርኛ (Amharic) (PDF) |  English (PDF) | Français (French) (PDF) | 한국어 (Korean) (PDF) |  中文 (Mandarin) (PDF) | Español (Spanish) (PDF) | Tiếng Việt (Vietnamese) (PDF)

For more information see: Window Guards in Multifamily Buildings and Housing and Building Code Enforcement Handbook.

Sample Radon Addendum (PDF)

Beginning on July 1, 2023, Montgomery County requires radon testing for multifamily (including condominiums) and single-family rental housing as well as disclosure and mitigation of radon hazards above a certain action level.

It applies to all ground-contact or basement units of a residential rental in a single-family home or multifamily dwelling unit including condominiums.

The landlord must conduct a radon test before leasing a unit to a prospective tenant having been performed within three years before the date of the lease. The landlord is responsible for the cost of testing.

For New Leases (including Lease Renewals)
At the time of the lease signing, the landlord must provide the tenant and certify in the lease or in an addendum to the lease the following-

• A copy of radon test results indicates any concentration of radon is below the EPA's recommended action level
• The test was performed less than three years before the date of the lease
• A copy of the EPA's pamphlet is available through electronic link or by hard copy if requested by the tenant

Existing Tenants
An existing tenant may conduct a test or hire a professional to do so. If the test results indicate that a radon hazard is present at a level of 4 pCi/L or higher the tenant must, within 14 days, notify the landlord in writing and provide a copy of those test results. The landlord must perform a follow up test in accordance with EPA standards. Within 90 days after a confirmed test, the landlord must mitigate the premises to reduce radon below the action level of 4 pCi/L and provide the tenant with a final copy of third-party professional test results.

In the case of an existing tenant with a positive reading in excess of 4 pCi/L, the tenant has the right to terminate a lease if the landlord fails to mitigate under subsection F without loss of security deposit or any other financial penalty.

A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing.