<?xml version='1.0' encoding='utf-8'?>
<section heading="Sec. 29-27 Landlord-Tenant Obligations - Regulations">
  <regulation heading="COMCOR 29.27.01 Establishment of Leases - Tenant Rights and Responsibilities">
    <subsection heading="29.27.01.01 General Provisions">
      <paragraph indent="2">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.</paragraph>
      <paragraph indent="2">B.   Applicability. This regulation applies to all leases for rental housing in Montgomery County.</paragraph>
    </subsection>
    <subsection heading="29.27.01.02 Lease Summary">
      <paragraph indent="0">A residential lease must include a list of tenant rights and responsibilities that is consistent with the following form:</paragraph>
      <paragraph indent="0">LEASE SUMMARY</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="1">Approved by Montgomery County Office of Landlord-Tenant Affairs, 240-777-0311</paragraph>
      <paragraph indent="1">www.montgomerycountymd.gov/olta</paragraph>
      <paragraph indent="0">Tenant’s Name: ______________________  Landlord’s Name ___________________________</paragraph>
      <paragraph indent="0">Authorized Occupants are: ________________________________________________________</paragraph>
      <paragraph indent="0">Property Address: _______________________________________________________________</paragraph>
      <paragraph indent="0">Agent’s Name _______________________  Landlord’s address: _________________________</paragraph>
      <paragraph indent="0">Primary contact’s phone number: __________; In case of emergency contact: __________</paragraph>
      <paragraph indent="0">Lease Date: ________________ Term (1yr [ ], 2yr [ ], month-to-month [ ], other [ ])</paragraph>
      <paragraph indent="0">Rent: $________ /mo. 1st year; $________ 2nd year; Total Amount for Lease Term: $________</paragraph>
      <paragraph indent="0">Term ______ to ______  Pro-Rata $__________  Dates ______</paragraph>
      <paragraph indent="0">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.</paragraph>
      <paragraph indent="0">Amenity Fee*: (1x only), Amenities __________</paragraph>
      <paragraph indent="0">Rent Due Date: __________ Late Fee: (after 10 days -5% of rent due) $___________; THIS IS NOT A GRACE PERIOD</paragraph>
      <paragraph indent="0">Returned Check Fee: $35.00 (or maximum amount allowed by law)</paragraph>
      <paragraph indent="0">Utilities. Tenant is responsible for the following utilities: gas []; electric []; water and sewer []; telephone []; cable []; Other______.</paragraph>
      <paragraph indent="0">Security Deposit (including pet deposit): $__________.</paragraph>
      <paragraph indent="0">Pets. The Tenant is not allowed to keep pets on the property without the express written consent of the landlord.</paragraph>
      <paragraph indent="0">Pets allowed: Yes [] No []; Type of Pet(s) ______Weight ______ License No(s) ______</paragraph>
      <paragraph indent="0">Insurance. Landlord’s insurance policy does not provide coverage for a tenant’s personal belongings. For this property, Renter’s Insurance is: recommended []; required [].</paragraph>
      <paragraph indent="0">* An amenity MUST exist for this fee to be charged; Does not apply to MPDU tenants</paragraph>
      <paragraph indent="0">TENANTS’ RIGHTS</paragraph>
      <paragraph indent="0">Tenants have the right to:</paragraph>
      <paragraph indent="0">&gt;   Receive at least 24 hours-notice prior to a landlord/agent/contractor entering the premises, except in cases of emergency;</paragraph>
      <paragraph indent="0">&gt;   Receive 72 hours-notice prior to annual/biannual or triennial inspections from County Code Enforcement;</paragraph>
      <paragraph indent="0">&gt;   Sublet with written permission from the landlord if it is not prohibited by the home-owner’</paragraph>
      <paragraph indent="0">&gt;   Review the proposed lease at any location of your choosing, prior to signing said lease;</paragraph>
      <paragraph indent="0">&gt;   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**;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   Receive at least 90 days-notice of any proposed rent increase.</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   Distribute freely and post in central locations of the property, literature concerning Landlord-Tenant issues, if the origin of the literature is properly identified;</paragraph>
      <paragraph indent="0">&gt;   Call the Office of Landlord-Tenant Affairs (240-777-0311) should they have any questions regarding Landlord-Tenant law; and</paragraph>
      <paragraph indent="0">&gt;   File complaints with the Office of Landlord-Tenant Affairs (240-777-0311) individually or as a group.</paragraph>
      <paragraph indent="0">* This pertains to violations that are a threat to health and safety ONLY</paragraph>
      <paragraph indent="0">TENANTS’ RESPONSIBILITIES</paragraph>
      <paragraph indent="0">Tenants are responsible for:</paragraph>
      <paragraph indent="0">&gt;   Obtaining prior written approval from the landlord before keeping any pets on the premises;</paragraph>
      <paragraph indent="0">&gt;   Maintaining the property in a clean, safe and sanitary condition;</paragraph>
      <paragraph indent="0">&gt;   Using the property for orderly and lawful purposes by yourself, authorized occupants and guests;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   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;</paragraph>
      <paragraph indent="0">&gt;   Obtaining the landlord’s prior written approval before subletting the property;</paragraph>
      <paragraph indent="0">&gt;   Requesting to be present during a move-in or move-out inspection;</paragraph>
      <paragraph indent="0">&gt;   Removing all personal property at move-out, leaving the property in broom-clean condition, ordinary wear and tear, and returning all keys.</paragraph>
      <paragraph indent="0">DHCA SERVICES</paragraph>
      <paragraph indent="0">&gt;   Mediate disputes between landlords and tenants;</paragraph>
      <paragraph indent="0">&gt;   Investigate and resolve formal complaints from tenants and landlords;</paragraph>
      <paragraph indent="0">&gt;   When a resolution is not forthcoming, refer the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication;</paragraph>
      <paragraph indent="0">&gt;   Approve rental housing licenses;</paragraph>
      <paragraph indent="0">&gt;   Inspect rental properties to ensure compliance with all applicable housing codes;</paragraph>
      <paragraph indent="0">&gt;   Answer questions from the public regarding Landlord-Tenant issues, Licensing and Registration, Housing Code Enforcement, affordable housing and any other housing issues; and</paragraph>
      <paragraph indent="0">&gt;   Maintain a website that has access to numerous printed and downloadable publications:  www.montgomerycountymd.gov/olta</paragraph>
    </subsection>
    <subsection heading="29.27.01.03 Severability">
      <paragraph indent="0">If a court holds that a portion of this regulation is invalid, the other portions remain in effect.</paragraph>
    </subsection>
  </regulation>
</section>