COMCOR 29-27. Landlord-Tenant Obligations - Regulations

A. Authority. In accordance with the authority conferred under Chapter 29, Section 29-27 of the Montgomery County Code, 2014 (hereinafter referred to as the “Code”), as amended, the County Executive hereby promulgates this regulation to implement County law pertaining to the rights and responsibilities of tenants as set forth in Chapter 29 of the Code.

B. Applicability. This regulation applies to all leases for rental housing in Montgomery County.

A residential lease must include a list of tenant rights and responsibilities that is consistent with the following form:

LEASE SUMMARY

This summary is mandatory under Section 29-27(w) of the Montgomery County Code. It presents key terms of the attached lease and summarizes tenant rights and responsibilities under applicable laws and as described in the lease. It also provides information about services available to tenants from the Montgomery County Department of Housing and Community Affairs and the Commission on Landlord-Tenant Affairs.

Approved by Montgomery County Office of Landlord-Tenant Affairs, 240-777-0311

www.montgomerycountymd.gov/olta

Tenant’s Name: ______________________ Landlord’s Name ___________________________

Authorized Occupants are: ________________________________________________________

Property Address: _______________________________________________________________

Agent’s Name _______________________ Landlord’s address: _________________________

Primary contact’s phone number: __________; In case of emergency contact: __________

Lease Date: ________________ Term (1yr [ ], 2yr [ ], month-to-month [ ], other [ ])

Rent: $________ /mo. 1st year; $________ 2nd year; Total Amount for Lease Term: $________

Term ______ to ______ Pro-Rata $__________ Dates ______

2-Year Lease Offer. I was offered and accepted [ ]; rejected [ ] a 2-year lease. If a 2-year lease was not offered, a written explanation as to why is attached to the lease.

Amenity Fee*: (1x only), Amenities __________

Rent Due Date: __________ Late Fee: (after 10 days -5% of rent due) $___________; THIS IS NOT A GRACE PERIOD

Returned Check Fee: $35.00 (or maximum amount allowed by law)

Utilities. Tenant is responsible for the following utilities: gas []; electric []; water and sewer []; telephone []; cable []; Other______.

Security Deposit (including pet deposit): $__________.

Pets. The Tenant is not allowed to keep pets on the property without the express written consent of the landlord.

Pets allowed: Yes [] No []; Type of Pet(s) ______Weight ______ License No(s) ______

Insurance. Landlord’s insurance policy does not provide coverage for a tenant’s personal belongings. For this property, Renter’s Insurance is: recommended []; required [].

* An amenity MUST exist for this fee to be charged; Does not apply to MPDU tenants

TENANTS’ RIGHTS

Tenants have the right to:

> Receive at least 24 hours-notice prior to a landlord/agent/contractor entering the premises, except in cases of emergency;

> Receive 72 hours-notice prior to annual/biannual or triennial inspections from County Code Enforcement;

> Sublet with written permission from the landlord if it is not prohibited by the home-owner’

> Review the proposed lease at any location of your choosing, prior to signing said lease;

> Make repairs with permission of the DHCA Director, after notice to the landlord and DHCA’s issuance of a civil citation, and deduct the cost from the rent (up to the equivalent of one month’s rent) if the landlord fails to make required repairs as ordered by DHCA in the required timeframe**;

> Receive a copy of the current Landlord-Tenant Handbook at move-in unless you decline a copy and accept referral to a copy on the County website;

> Be given all information required under the Public Utilities Article of the Maryland Code and applicable COMAR provisions governing electric and gas sub-meters and energy allocation systems if the tenant(s) is paying for gas and electricity in a building built prior to 1978;

> Receive at least 90 days-notice of any proposed rent increase.

> Form, join, meet, or assist one another within or without tenant organizations; to meet and confer with the landlord with assistance from a representative if the tenant so chooses;

> Have access to meeting rooms and other tenant accessible areas suitable for meetings within the property during reasonable hours and notice to the landlord to hold tenant organization meetings;

> Have the first tenant organization meeting of each month free of any room reservation fees; any meetings after that are subject to the regular fee charged for reserving this area by the property;

> Distribute freely and post in central locations of the property, literature concerning Landlord-Tenant issues, if the origin of the literature is properly identified;

> Call the Office of Landlord-Tenant Affairs (240-777-0311) should they have any questions regarding Landlord-Tenant law; and

> File complaints with the Office of Landlord-Tenant Affairs (240-777-0311) individually or as a group.

* This pertains to violations that are a threat to health and safety ONLY

TENANTS’ RESPONSIBILITIES

Tenants are responsible for:

> Obtaining prior written approval from the landlord before keeping any pets on the premises;

> Maintaining the property in a clean, safe and sanitary condition;

> Using the property for orderly and lawful purposes by yourself, authorized occupants and guests;

> Reporting any problems requiring repair or replacement to the landlord in writing, in a timely manner, and paying any costs incurred due to abuse or negligence by the tenants, guests or other authorized occupants;

> If renting in a common ownership community, complying with all rules, regulations and notices of the common ownership community. The landlord must furnish a copy of these rules at move-in;

> Obtaining the landlord’s prior written approval before subletting the property;

> Requesting to be present during a move-in or move-out inspection;

> Removing all personal property at move-out, leaving the property in broom-clean condition, ordinary wear and tear, and returning all keys.

DHCA SERVICES

> Mediate disputes between landlords and tenants;

> Investigate and resolve formal complaints from tenants and landlords;

> When a resolution is not forthcoming, refer the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication;

> Approve rental housing licenses;

> Inspect rental properties to ensure compliance with all applicable housing codes;

> Answer questions from the public regarding Landlord-Tenant issues, Licensing and Registration, Housing Code Enforcement, affordable housing and any other housing issues; and

> Maintain a website that has access to numerous printed and downloadable publications: www.montgomerycountymd.gov/olta

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.