COMCOR 29-30. Obligations of Landlords - Regulations
COMCOR 29.30.01 Establishment of Contractual Obligations for Maintenance Costs in Single Family Rental UnitsLink
Montgomery County, Md., COMCOR § 29.30.01.01 (2026)
29.30.01.01LinkCopy Citation
Leases for single family rental units may, after August 12, 1992, pursuant to Section 29-30(a)(3) of the Montgomery County Code, 1984, as amended, include a clause that transfers to the tenant the responsibility for maintenance expenses but not for replacement of or repairs to structural elements of the building, major appliances, or electrical , plumbing, heating, or air-conditioning systems. Should the tenant not handle the maintenance items at tenant's expense, the landlord may handle the maintenance items and charge the tenant for those actual expenses in accordance with this Executive Regulation.
Maintenance includes but is not limited to:
(a)
caulking bathtubs and sinks
(b)
changing HVAC filters, fuses, batteries and light bulbs
(c)
clearing gutters, window wells and drainage areas
(d)
cleaning chimneys, fireplaces and pools
(e)
cleaning appliances, carpets, floors, tubs, sinks, commodes and generally maintaining the rental unit, garage, shed and any other appurtenances provided as part of the occupancy of the rental unit
Major appliances include but are not limited to:
(a)
stoves and microwave ovens
(b)
refrigerators and freezers
(c)
garbage disposals and trash compactors
(d)
dishwashers, washing machines and clothes dryers
(e)
window a/c units, humidifiers and dehumidifiers
Structural elements are those elements within and attached to the building which include, but are not limited to:
(a)
roof framing members and system (rafters and trusses)
(b)
floor and ceiling system (joists; including decks)
(c)
bearing walls and partitions including such sheathing or other reinforcement necessary to provide rack-bracing
(d)
columns, lintels, girders and load bearing beams
(e)
foundation systems and footings
(f)
all interior stair-carriage systems
(g)
all necessary materials required for the joining, support, fastening or attachment of the above segments to themselves or one another
(h)
all components of the exterior building envelope designed to prevent infiltration of water into the structure (paint, shingles, siding, trims)
(i)
those exterior systems required to permit safe access to the structure including handrailings where required by code (steps, sidewalks and driveways)
As of the effective date of this Regulation, should the tenant not handle the maintenance items at tenant's expense, the landlord may charge up to a maximum of $50.00 in actual expenses per maintenance occurrence not to exceed a maximum of $250.00 per annual lease term.
COMCOR 29.30.02 Air Conditioning Service RequiredLink
Montgomery County, Md., COMCOR § 29.30.02.01 (2026)
29.30.02.01 PurposeLinkCopy Citation
This Regulation defines and implements the Required Service Standards in Section 26-7(f)(2) of the Montgomery County Code (Code), and Reasonable Maintenance and Repair of air conditioning as required under Section 29-30(a)(9) of the Code, for air conditioning in rental housing.
Montgomery County, Md., COMCOR § 29.30.02.02 (2026)
29.30.02.02 DefinitionsLinkCopy Citation
(a)
Reasonable Maintenance and Repair means the timely repair and/or maintenance related installing, servicing or replacing of air conditioning required under Chapters 26 and 29 of the Code and in conformance with the provisions set forth in Section 29.30.02.03 of this Regulation.
(b)
Required Service Standard means, except when air conditioning requires Reasonable Maintenance and Repair, landlords of rental housing must supply and maintain air conditioning in safe and good working condition that is capable of maintaining a temperature of no more than eighty degrees Fahrenheit (80°F.) in each habitable space at a distance of 3 feet above the floor between June 1 and September 30 of each year.
(c)
Rental housing is defined under Section 26-7(f)(1) of the Code.
Montgomery County, Md., COMCOR § 29.30.02.03 (2026)
29.30.02.03 Reasonable Repair and MaintenanceLinkCopy Citation
(a)
A landlord’s requirement to provide Reasonable Maintenance and Repair of air conditioning in rental housing is met if the landlord complies with the following:
(1)
Regular servicing of air conditioning for rental housing must be accomplished, to the extent feasible, between the months of October and May of each year to ensure that a rental housing’s air conditioning meets the Required Service Standard during June 1 through September 30.
(2)
If a rental housing’s air conditioning must be serviced or replaced between June 1 and September 30, the landlord must, except in the case of an emergency, notify all of the tenants in advance of such service or replacement and provide an estimate of the time during which the air conditioning will not meet the Required Service Standard. In the event of an emergency, if the air conditioning will not meet the Required Service Standard for more than a 24-hour period, the landlord must provide the tenants with an estimate of the time during which the air conditioning will not meet the Required Service Standard. Any servicing or replacing air conditioning not meeting the Required Service Standard during June 1 through September 30 must be completed within 5 calendar days of the air conditioning not meeting the Required Service Standard unless the landlord requests, and receives, an extension of time from the Director as provided in subsection (c), below.
(b)
If, after the Department inspects rental housing in response to a complaint or during a regularly scheduled inspection, it is determined that the rental housing’s air conditioning does not meet the Required Service Standard, the landlord must immediately commence repair or replacement of the air conditioning, with such repair or replacement being completed no later than 5 calendar days from the date of the Department issuing a Notice of Violation.
(c)
A landlord, within the 5 calendar day time frame under subsections (a) and (b). may request an extension of time from the Director when circumstances beyond the landlord’s control prevent the (i) repair of air conditioning or (ii) replacement of air conditioning that becomes inoperable or economically infeasible to continue to operate being completed to meet the Required Service Standard. To request an extension of time, the landlord must submit to the Department a written request for an extension and:
(1)
Documentation providing that the repairs will be completed to bring the air conditioning to meet the Required Service Standard within 15 calendar days of the landlord’s request, including a copy of a signed invoice or contract with a third-party licensed HVAC contractor or engineer outlining the scope of the repairs, and/or a copy of one or more paid invoices to third-party vendors for parts ordered to make the repairs, accompanied by a letter specifying that the repairs will be completed to bring the air conditioning to meet the Required Service Standard within 15 calendar days of the request.
(2)
Documentation providing that the installation of new air conditioning units or the installation of a new central air conditioning system will be completed to bring the air conditioning to meet the Required Service Standard within 21 calendar days of the landlord’s request, including a copy of a third party licensed HVAC contractor or engineer that the air conditioning units or the central air conditioning system cannot be repaired, or it is not economically feasible to do so, along with a copy of one or more paid invoices to third party vendors for the replacement of the air conditioning units or the central air conditioning system, accompanied by a letter specifying that the air conditioning units or the central air conditioning system, will be installed and meet the Required Service Standard within 21 calendar days of the request.
(d)
When determining whether to grant an extension of time, the Director may consider whether or not one or more tenants grants the landlord, and the landlord’s contractors, necessary access into the rental units to correct the air conditioning so that it meets the Required Service Standard. Notice of entry into the rental units must be provided in the manner required under the lease. If the Director finds that one or more tenants fails to provide necessary access, the timeframes in subsection (c) for correcting air conditioning so that it meets the Required Service Standard may be extended until such access is granted.
Montgomery County, Md., COMCOR § 29.30.02.04 (2026)
29.30.02.04 Supplying Air Conditioning to Rental Housing With No Air ConditioningLinkCopy Citation
(a)
In rental housing that does not have air conditioning, a landlord’s requirement to supply air conditioning in rental housing is met if the landlord installs new air conditioning units or a new central air conditioning system that will meet the Required Service Standard within 30 calendar days from the effective date of this Regulation.
(b)
If during the Department’s inspection of rental housing in response to a complaint, or during the Department’s regularly scheduled inspection of the rental housing, it is determined that the rental housing does not have air conditioning, the landlord must immediately secure any necessary permits and commence installation of new air conditioning units or a new central air conditioning system that will meet the Required Service Standard within 30 days from the date of the Department issuing a Notice of Violation.
(c)
A landlord may apply for an extension of time of up to 6 months to comply with the installation of new air conditioning provided the request is made in writing to the Department within 5 calendar days of the Department issuing a Notice of Violation and the Director finds that:
(1)
The landlord must make electrical upgrades to the rental housing to meet the Required Service Standard; and
(2)
Making the repairs would cause financial hardship to the landlord.