# Real Property (GRP)

## Title 8. Landlord and Tenant

### Subtitle 2. Residential Leases

#### Section 8-201

(a) This subtitle is applicable only to residential leases unless otherwise provided.

(b) This subtitle does not apply to a tenancy arising after the sale of owner-occupied residential property where the seller and purchaser agree that the seller may remain in possession of the property for a period of not more than 60 days after the settlement.

#### Section 8-202

(a) For the purposes of this section, a "lease option agreement" means any clause in a lease agreement or separate document that confers on the tenant some power, either qualified or unqualified, to purchase the landlord's interest in the property.

(b)

  (1) A lease option agreement to purchase improved residential property, with or without a ground rent:

    (i) If executed after July 1, 1971, shall contain the following statement in capital letters: "THIS IS NOT A CONTRACT TO BUY."; and

    (ii) If executed on or after July 1, 2018, shall also contain the following statement in capital letters and in close proximity to the tenant's signature line:

    "THIS AGREEMENT IS AN INTEGRAL PART OF YOUR LEASE AND IS GOVERNED BY TITLE 8 OF THE REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND AND A TENANT OR PROSPECTIVE TENANT SHALL HAVE ALL APPLICABLE RIGHTS AND REMEDIES PROVIDED UNDER THAT TITLE.".

  (2) In addition, the agreement shall contain a clear statement of its purpose and effect with respect to the ultimate purchase of the property which is the subject of the lease option.

(c) If a lease option agreement fails to comply with subsection (b) of this section and is otherwise enforceable, the lease, the lease option agreement, or both may be voided at the option of the party that did not draft the lease option agreement.

#### Section 8-203

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Landlord" means a landlord or a prospective landlord.

  (3) "Security deposit" means any payment of money, including payment of the last month's rent in advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common areas, major appliances, and furnishings.

  (4) "Tenant" means a tenant or a prospective tenant.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a landlord may not impose a security deposit in excess of the equivalent of 1 month's rent per dwelling unit, regardless of the number of tenants.

  (2) A landlord may impose a security deposit in an amount equivalent to up to 2 months' rent if:

    (i) The tenant is eligible and has qualified for utility assistance through the Department of Human Services;

    (ii) The lease agreement requires that the tenant make payments for utility services directly to the landlord; and

    (iii) The tenant and landlord agree in writing to the amount of the security deposit.

  (3) If a landlord violates paragraph (1) of this subsection, the tenant may recover up to three times the extra amount charged, plus reasonable attorney's fees.

  (4) An action under this section may be brought at any time during the tenancy or within 2 years after its termination.

(c)

  (1) The landlord shall give the tenant a receipt for the security deposit as specified in Sec. 8-203.1 of this subtitle.

  (2) The receipt shall be included in a written lease.

(d)

  (1)

    (i) The landlord shall maintain all security deposits in federally insured financial institutions, as defined in Sec. 1-101 of the Financial Institutions Article, which do business in the State.

    (ii) Security deposit accounts shall be maintained in branches of the financial institutions which are located within the State and the accounts shall be devoted exclusively to security deposits and bear interest.

    (iii) A security deposit shall be deposited in an account within 30 days after the landlord receives it.

    (iv) The aggregate amount of the accounts shall be sufficient in amount to equal all security deposits for which the landlord is liable.

  (2)

    (i) In lieu of the accounts described in paragraph (1) of this subsection, the landlord may hold the security deposits in insured certificates of deposit at branches of federally insured financial institutions, as defined in Sec. 1-101 of the Financial Institutions Article, located in the State or in securities issued by the federal government or the State of Maryland.

    (ii) In the aggregate certificates of deposit or securities shall be sufficient in amount to equal all security deposits for which the landlord is liable.

  (3)

    (i) In the event of sale or transfer of the landlord's interest in the leased premises, including receivership or bankruptcy, the landlord or the landlord's estate, but not the managing agent or court appointed receiver, shall remain liable to the tenant and the transferee for maintenance of the security deposit as required by law, and the withholding and return of the security deposit plus interest as required by law, as to all or any portion of the security deposit that the landlord fails to deliver to the transferee together with an accounting showing the amount and date of the original deposit, the records of the interest rates applicable to the security deposit, if any, and the name and last known address of the tenant from whom, or on whose behalf, the deposit was received.

    (ii) A security deposit under this section may not be attached by creditors of the landlord or of the tenant.

  (4) Any successor in interest is liable to the tenant for failure to return the security deposit, together with interest, as provided in this section.

(e)

  (1) Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, interest shall accrue at monthly intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded.

    (ii) No interest is due or payable:

      (1) Unless the landlord has held the security deposit for at least 6 months; or

      (2) For any period less than a full month.

  (3) Interest shall be payable only on security deposits of $50 or more.

  (4) If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.

(f)

  (1)

    (i) The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.

    (ii) The tenant has the right to be present when the landlord or the landlord's agent inspects the premises in order to determine if any damage was done to the premises, if the tenant notifies the landlord by certified mail of the tenant's intention to move, the date of moving, and the tenant's new address.

    (iii) The notice to be furnished by the tenant to the landlord shall be mailed at least 15 days prior to the date of moving.

    (iv) Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the premises are to be inspected.

    (v) The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant's notice.

    (vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.

    (vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.

  (2) The security deposit is not liquidated damages and may not be forfeited to the landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach or the amount of a surcharge authorized under Sec. 7-301(c)(5)(ii) of the Courts Article.

  (3) In calculating damages for lost future rents any amount of rents received by the landlord for the premises during the remainder if any, of the tenant's term, shall reduce the damages by a like amount.

(g)

  (1) Subject to subsection (j) of this section, if any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with an itemized statement of the cost incurred.

  (2) If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

(h)

  (1) The provisions of subsections (e)(1) and (4) and (g)(1) and (2) of this section are inapplicable to a tenant who has been evicted or ejected for breach of a condition or covenant of a lease prior to the termination of the tenancy or who has abandoned the premises prior to the termination of the tenancy.

  (2)

    (i) A tenant specified in paragraph (1) of this subsection may demand return of the security deposit by giving written notice by first-class mail to the landlord within 45 days of being evicted or ejected or of abandoning the premises.

    (ii) The notice shall specify the tenant's new address.

    (iii) Subject to subsection (j) of this section, the landlord, within 45 days of receipt of such notice, shall present, by first-class mail to the tenant, a written list of the damages claimed under subsection (f)(1) of this section together with an itemized statement of the costs incurred and shall return to the tenant the security deposit together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

  (3)

    (i) If a landlord fails to send the list of damages required by paragraph (2) of this subsection, the right to withhold any part of the security deposit for damages is forfeited.

    (ii) If a landlord fails to return the security deposit as required by paragraph (2) of this subsection, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.

  (4) Except to the extent specified, this subsection may not be interpreted to alter the landlord's duties under subsections (e) and (g) of this section.

(i)

  (1) Under this subsection, a landlord:

    (i) May not require the tenant to purchase a surety bond; and

    (ii) Is not required to consent to the tenant's purchase of a surety bond.

  (2)

    (i) Instead of paying all or part of a security deposit to a landlord under this section, a tenant may purchase a surety bond to protect the landlord against:

      (1) Nonpayment of rent;

      (2) Damage due to breach of lease; or

      (3) Damage caused by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord.

    (ii) A surety shall refund to a tenant any premium or other charge paid by the tenant in connection with a surety bond if, after the tenant purchases a surety bond, the landlord refuses to accept the surety bond or the tenant does not enter into a lease with the landlord.

  (3)

    (i) The amount of a surety bond purchased instead of a security deposit may not exceed two months' rent per dwelling unit.

    (ii) If a tenant purchases a surety bond and provides a security deposit in accordance with this section, the aggregate amount of both the surety bond and security deposit may not exceed two months' rent per dwelling unit.

    (iii)

      (1) If a landlord consents to a surety bond but requires the surety bond to be in an amount in excess of two months' rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney's fees.

      (2) If a landlord consents to both a surety bond and a security deposit but requires the surety bond and the security deposit to be in an aggregate amount in excess of two months' rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney's fees.

  (4) Before a tenant purchases a surety bond instead of paying all or part of a security deposit, a surety shall disclose in writing to the tenant that:

    (i) Payment for a surety bond is nonrefundable;

    (ii) The surety bond is not insurance for the tenant;

    (iii) The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the tenant;

    (iv) The tenant may be required to reimburse the surety for amounts the surety paid to the landlord;

    (v) Even after a tenant purchases a surety bond, the tenant is responsible for payment of:

      (1) All unpaid rent;

      (2) Damage due to breach of lease; and

      (3) Damage by the tenant or the tenant's family, agents, employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord;

    (vi) The tenant has the right to pay the damages directly to the landlord or require the landlord to use the tenant's security deposit, if any, before the landlord makes a claim against the surety bond; and

    (vii) If the surety fails to comply with the requirements of this paragraph, the surety forfeits the right to make any claim against the tenant under the surety bond.

  (5)

    (i) A tenant who purchases a surety bond in accordance with this subsection has the right to have the dwelling unit inspected by the landlord in the tenant's presence for the purpose of making a written list of the damages that exist at the commencement of the tenancy, if the tenant requests an inspection by certified mail within 15 days of the tenant's occupancy.

    (ii) A tenant who provides a surety bond under this subsection shall have all the rights provided under subsection (f)(1)(ii) through (v) of this section.

    (iii) The surety or landlord shall deliver to a tenant a copy of any agreements or documents signed by the tenant at the time of the tenant's purchase of the surety bond.

    (iv) A tenant shall be advised in writing of all of the tenant's rights under this subsection prior to the purchase of a surety bond.

  (6)

    (i) A surety bond may be used to pay claims by a landlord for:

      (1) Unpaid rent;

      (2) Damage due to breach of lease;

      (3) Damage by the tenant or the tenant's family, agents, employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord; or

      (4) The amount of a surcharge authorized under Sec. 7-301(c)(5)(ii) of the Courts Article.

    (ii) A surety bond does not represent liquidated damages and may not be used as payment to a landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach.

    (iii) Except as provided in subparagraphs (i) and (ii) of this paragraph, a surety may not, directly or indirectly, make any other payment to a landlord.

  (7) Subject to subsection (j) of this section, at least 10 days before a landlord makes a claim against a surety bond subject to this subsection, the landlord shall send to the tenant by first-class mail directed to the last known address of the tenant, a written list of the damages to be claimed and an itemized statement of the costs incurred by the landlord.

  (8)

    (i) A tenant shall have the right to pay any damages directly to the landlord or require the landlord to use the tenant's security deposit, if any, before the landlord makes a claim against the surety bond.

    (ii) If a tenant pays any damages directly to the landlord or requires the landlord to use the tenant's security deposit under subparagraph (i) of this paragraph and the payment fully satisfies the claim, the landlord shall forfeit the right to make a claim under the surety bond for any damages covered by the tenant's payment or the amount deducted from the tenant's security deposit in accordance with subparagraph (i) of this paragraph.

  (9)

    (i) The tenant may dispute the landlord's claim to the surety by sending a written response by first-class mail to the surety within 10 days after receiving the landlord's claim on the surety.

    (ii) If the tenant disputes the claim, the surety may not report the claim to a credit reporting agency prior to obtaining a judgment for the claim against the tenant.

  (10) In any proceeding brought by the surety against the tenant on a surety bond under this subsection:

    (i) The tenant shall retain all rights and defenses otherwise available in a proceeding between a tenant and a landlord under this section; and

    (ii) Damages may only be awarded to the surety to the extent that the tenant would have been liable to the landlord under this section.

  (11)

    (i) If a landlord's interest in the leased premises is sold or transferred, the new landlord shall accept the tenant's surety bond and may not require:

      (1) During the current lease term, an additional security deposit from the tenant; or

      (2) At any lease renewal, a surety bond or a security deposit from the tenant that, in addition to any existing surety bond or security deposit, is in an aggregate amount in excess of two months' rent per dwelling unit.

    (ii) If the aggregate amount described in subparagraph (i)2 of this paragraph is in excess of two months' rent, the tenant may recover up to three times the extra amount charged, plus reasonable attorney's fees.

  (12)

    (i) If a landlord fails to comply with the requirements of this subsection, the landlord forfeits the right to make any claim against the surety bond.

    (ii) If a surety fails to comply with the requirements of this subsection, the surety forfeits the right to make any claim against a tenant under the surety bond.

  (13) If a surety, in an action against the tenant, asserts a claim under the surety bond without having a reasonable basis to assert the claim, the court may grant the tenant damages of up to three times the amount claimed plus reasonable attorney's fees.

  (14) A surety bond issued under this subsection may only be issued by an admitted carrier licensed by the Maryland Insurance Administration.

(j)

  (1) An itemized statement of costs provided under subsection (g)(1), (h)(2)(iii), or (i)(7) of this section shall include supporting documentation that identifies the materials or services provided.

  (2) Subject to subsection (k) of this section, a landlord may satisfy the requirement under paragraph (1) of this subsection by providing an estimate of the costs to be incurred by the landlord.

(k)

  (1) This subsection applies only if a landlord provides an estimate as documentation to support an itemized statement of costs provided under subsection (g)(1), (h)(2)(iii), or (i)(7) of this section.

  (2)

    (i) The landlord shall notify the tenant in writing when the repairs have been completed.

    (ii) The notice required under subparagraph (i) of this paragraph shall include a copy of the final invoice for any repairs made by the landlord.

  (3) If the actual costs incurred by the landlord are less than the estimate provided to the tenant under subsection (j)(2) of this section, the landlord shall return to the tenant within 30 days after completing the repairs the amount of the security deposit withheld by the landlord that is in excess of the actual costs incurred by the landlord.

(l) No provision of this section may be waived in any lease.

(m) The Department of Housing and Community Development shall maintain on its website:

  (1) A list of daily U.S. Treasury yield curve rates for 1 year, as of the first business day of each year, to be used in calculating the interest on a security deposit; or

  (2) A customized calculator that calculates the interest due on a security deposit by allowing a user to enter the date that the security deposit was given to the landlord, a tenancy end date, and the amount of the security deposit.

(n) A landlord is entitled to rely on the list of yield curve rates or the customized calculator maintained by the Department of Housing and Community Development under subsection (m) of this section when calculating the interest on a security deposit.

#### Section 8-203.1

(a) A receipt for a security deposit shall notify the tenant of the following:

  (1) The right to have the dwelling unit inspected by the landlord in the tenant's presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant's occupancy;

  (2) The right to be present when the landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant's intended move, of the tenant's intention to move, the date of moving, and the tenant's new address;

  (3) The landlord's obligation to conduct the inspection within 5 days before or after the tenant's stated date of intended moving;

  (4) The landlord's obligation to notify the tenant in writing of the date of the inspection;

  (5) The tenant's right to receive, by first-class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy;

  (6) The obligation of the landlord to return any unused portion of the security deposit, by first-class mail, addressed to the tenant's last known address within 45 days after the termination of the tenancy; and

  (7) A statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney's fees.

(b) The landlord shall retain a copy of the receipt for a period of 2 years after the termination of the tenancy, abandonment of the premises, or eviction of the tenant, as the case may be.

(c) The landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt for the security deposit.

#### Section 8-204

(a) This section is applicable only to single or multi-family dwelling units.

(b) A landlord shall assure the tenant that the tenant, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease.

(c) If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, the rent payable under the lease shall abate until possession is delivered. The tenant, on written notice to the landlord before possession is delivered, may terminate, cancel, and rescind the lease.

(d) On termination of the lease under this section, the landlord is liable to the tenant for all money or property given as prepaid rent, deposit, or security.

(e) If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, whether or not the lease is terminated under this section, the landlord is liable to the tenant for consequential damages actually suffered by the tenant subsequent to the tenant's giving notice to the landlord of the tenant's inability to enter on the leased premises.

(f) The landlord may bring an action of eviction and damages against any tenant holding over after the end of the tenant's term even though the landlord has entered into a lease with another tenant, and the landlord may join the new tenant as a party to the action.

#### Section 8-205

(a)

  (1) In Anne Arundel County, unless the tenant makes payment by check or rents the property for commercial or business purposes, if property is leased for any definite term or at will, the landlord shall give the tenant a receipt showing payment and the time period which the payment covers.

  (2) On conviction of violating this section, any person or agent shall forfeit the rent for the period in question.

(b) Except as otherwise provided in subsection (a) of this section, the landlord or landlord's agent shall give the tenant a receipt if the tenant:

  (1) Makes payment in cash; or

  (2) Requests a receipt.

(c) In addition to any other penalty, the landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt as required by this section.

#### Section 8-205.1

(a) In this section, "utility service provider" means a public service company or a unit of State or local government that provides water, sewer, gas, or electric utility services.

(b)

  (1) This section applies only to a landlord of a building that contains six or more residential dwelling units.

  (2) This section does not apply to:

    (i) A landlord that requires a tenant, under an oral or written lease, to pay water, sewer, gas, or electric bills directly to the utility service provider; or

    (ii) A utility that is allocated using a ratio utility billing system, as defined in Sec. 8-212.4 of this subtitle.

(c) A landlord that requires a tenant to make payments for water, sewer, gas, or electric utility services to the landlord shall:

  (1) Use a written lease that provides notice that the tenant is responsible for making payments for water, sewer, gas, or electric utility services to the landlord; and

  (2)

    (i) Provide a copy of the water, sewer, gas, or electric bill to the tenant; or

    (ii) Before the beginning of the initial lease and each term thereafter for the duration of the tenancy, notify the tenant in writing of the total utility costs billed to the landlord in the immediately preceding year for water, sewer, gas, or electric utility services, disaggregated by utility type.

#### Section 8-205.2

(a) In this section, "utility service provider" has the same meaning stated in Sec. 8-205.1 of this subtitle.

(b)

  (1) This section applies only to a landlord of a building that contains five or fewer residential dwelling units.

  (2) This section does not apply to a landlord that requires a tenant, under an oral or written lease, to pay water, sewer, gas, or electric bills directly to the utility service provider.

(c) A landlord that requires a tenant to make payments for water, sewer, gas, or electric utility services to the landlord shall:

  (1) Use a written lease that provides notice that the tenant is responsible for making payments for water, sewer, gas, or electric utility services to the landlord; and

  (2) Provide a copy of the water, sewer, gas, or electric utility bill to the tenant.

#### Section 8-205.3

(a) In this section, "individual submeter" has the meaning stated in Sec. 9-1115 of the Environment Article.

(b) A landlord that requires a tenant to make payments for water or sewer services measured by an individual submeter to a third party shall:

  (1) Use a written lease that provides notice that the tenant is responsible for making payments for the water or sewer services to the third party;

  (2) Provide a copy of the water or sewer bill to the tenant not later than 20 days before payment of the bill is due; and

  (3) Before the beginning of the initial lease, notify the prospective tenant in writing of:

    (i) The total water and sewer costs billed to the occupants of the unit in the immediately preceding 2 years; or

    (ii) If water and sewer costs were not billed to an occupant of the unit for the immediately preceding 2 years, the total water and sewer costs billed to a comparably sized unit within that time period.

(c) Notwithstanding any other provision of law, a landlord that does not meet the requirements of Sec. 9-1115 of the Environment Article may not require a tenant to make payments to a third party for water or sewer services.

#### Section 8-206

(a) Evictions described in subsection (b) of this section are called "retaliatory evictions".

(b) No landlord may evict a tenant of any residential property in Montgomery County because:

  (1) The tenant has filed a complaint against the landlord with any public agency;

  (2) The tenant has filed a lawsuit against the landlord; or

  (3) The tenant is a member of any tenants' organization.

(c) If the judgment is in favor of the tenant in any eviction proceeding for any of the defenses in subsection (b) of this section, the court may enter judgment for reasonable attorney fees and court costs against the landlord.

(d) Nothing in this section restricts the authority of Montgomery County to legislate in the area of landlord-tenant affairs.

(e) In addition to any other remedies provided under this title, Montgomery County may, by local law, establish authorization for a local agency to invoke enforcement procedures upon an administrative determination that a proposed eviction is retaliatory as prohibited by State or local law. These enforcement procedures may include injunctive or other equitable relief.

#### Section 8-207

(a) The aggrieved party in a breach of a lease has a duty to mitigate damages if the damages result from the landlord's or tenant's:

  (1) Failure to supply possession of the dwelling unit;

  (2) Failure or refusal to take possession at the beginning of the term; or

  (3) Termination of occupancy before the end of the term.

(b) The provisions of subsection (a) of this section do not impose an obligation to show or lease the vacated dwelling unit in preference to other available units.

(c) If a tenant wrongly fails or refuses to take possession of or vacates the dwelling unit before the end of the tenant's term, the landlord may sublet the dwelling unit without prior notice to the tenant in default. The tenant in default is secondarily liable for rent for the term of the tenant's original agreement in addition to the tenant's liability for consequential damages resulting from the tenant's breach, if the landlord gives the tenant prompt notice of any default by the sublessee.

(d) No provision in this section may be waived in any lease.

#### Section 8-208

(a)

  (1) On or after October 1, 1999, any landlord who offers 5 or more dwelling units for rent in the State may not rent a residential dwelling unit without using a written lease.

  (2) If a landlord fails to comply with paragraph (1) of this subsection, the term of the tenancy is presumed to be 1 year from the date of the tenant's first occupancy unless the tenant elects to end the tenancy at an earlier date by giving 1 month's written notice.

(b) A landlord who rents using a written lease shall provide, upon written request from any prospective applicant for a lease, a copy of the proposed form of lease in writing, complete in every material detail, except for the date, the name and address of the tenant, the designation of the premises, and the rental rate without requiring execution of the lease or any prior deposit.

(c) A lease shall include:

  (1) A statement that the premises will be made available in a condition permitting habitation, with reasonable safety, if that is the agreement, or if that is not the agreement, a statement of the agreement concerning the condition of the premises;

  (2) The landlord's and the tenant's specific obligations as to heat, gas, electricity, water, and repair of the premises;

  (3) A receipt for the security deposit as specified in Sec. 8-203.1 of this subtitle; and

  (4) A copy of the most current version of the Maryland Tenants' Bill of Rights published by the Office of Tenant and Landlord Affairs in the Department of Housing and Community Development.

(d) A landlord may not use a lease or form of lease containing any provision that:

  (1) Has the tenant authorize any person to confess judgment on a claim arising out of the lease;

  (2) Has the tenant agree to waive or to forego any right or remedy provided by applicable law;

  (3)

    (i) Provides for a penalty for the late payment of rent in excess of 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent; or

    (ii) In the case of leases under which the rent is paid in weekly rental installments, provides for a late penalty of more than $3 per week or a total of no more than $12 per month;

  (4) Has the tenant waive the right to a jury trial;

  (5) Has the tenant agree to a period required for landlord's notice to quit which is less than that provided by applicable law, except that the parties may agree to a longer notice period than that required by applicable law;

  (6) Authorizes the landlord to take possession of the leased premises, or the tenant's personal property unless the lease has been terminated by action of the parties or by operation of law, and the personal property has been abandoned by the tenant without the benefit of formal legal process;

  (7) Is against public policy and void under Sec. 8-105 of this title;

  (8) Permits a landlord to commence an eviction proceeding or issue a notice to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant organization with the purpose of negotiating collectively with the landlord;

  (9) Requires the tenant to accept notice of rent increases under Sec. 8-209 of this subtitle or Sec. 8-401 of this title by electronic delivery;

  (10)

    (i) Limits the ability of a tenant to summon the assistance of law enforcement or emergency services or penalizes a tenant solely for summoning the assistance of law enforcement or emergency services; or

    (ii) Penalizes a tenant for the actions of another individual solely because the individual summoned the assistance of law enforcement or emergency services;

  (11) Requires a tenant to pay more than the sum of the security deposit under Sec. 8-203(b) of this subtitle and the first month's rent in order to commence the lease and occupy the premises;

  (12) Waives or places conditions on a tenant's right of first refusal under Sec. 8-119 of this title; or

  (13) Except as authorized under Sec. 7-301(c)(5)(ii) of the Courts Article, provides that a tenant is responsible for, or requires a tenant to agree to be responsible for, payment of a filing surcharge assessed against the landlord by the District Court under Sec. 7-301(c)(2)(i)1 of the Courts Article.

(e)

  (1) Except for a lease containing an automatic renewal period of 1 month or less, a lease that contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the lease, shall have the provision distinctly set apart from any other provision of the lease and provide a space for the written acknowledgment of the tenant's agreement to the automatic renewal provision.

  (2) An automatic renewal provision that is not specifically accompanied by either the tenant's initials, signature, or witnessed mark is unenforceable by the landlord.

(f) No provision of this section shall be deemed to be a bar to the applicability of supplementary rights afforded by any public local law enacted by the General Assembly or any ordinance or local law enacted by any municipality or political subdivision of this State; provided, however, that no such law can diminish or limit any right or remedy granted under the provisions of this section.

(g)

  (1) Any lease provision which is prohibited by terms of this section shall be unenforceable by the landlord.

  (2) If the landlord includes in any lease a provision prohibited by this section or made unenforceable by Sec. 8-105 of this title or Sec. 8-203 of this subtitle, at any time subsequent to July 1, 1975, and tenders a lease containing such a provision or attempts to enforce or makes known to the tenant an intent to enforce any such provision, the tenant may recover any actual damages incurred as a reason thereof, including reasonable attorney's fees.

(h) If any word, phrase, clause, sentence, or any part or parts of this section shall be held unconstitutional by any court of competent jurisdiction such unconstitutionality shall not affect the validity of the remaining parts of this section.

#### Section 8-208.1

(a)

  (1) For any reason listed in paragraph (2) of this subsection, a landlord of any residential property may not:

    (i) Bring or threaten to bring an action for possession against a tenant;

    (ii) Arbitrarily increase the rent or decrease the services to which a tenant has been entitled; or

    (iii) Terminate a periodic tenancy.

  (2) A landlord may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:

    (i) Because the tenant or the tenant's agent has provided written or actual notice of a good faith complaint about an alleged violation of the lease, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:

      (1) The landlord; or

      (2) Any public agency against the landlord;

    (ii) Because the tenant or the tenant's agent has:

      (1) Filed a lawsuit against the landlord; or

      (2) Testified or participated in a lawsuit involving the landlord;

    (iii) Because the tenant has participated in any tenants' organization; or

    (iv) Solely because the tenant or another individual, including another resident, summoned the assistance of law enforcement or emergency services to the property.

(b)

  (1) A landlord's violation of subsection (a) of this section is a "retaliatory action".

  (2) A tenant may raise a retaliatory action of a landlord:

    (i) In defense to an action for possession; or

    (ii) As an affirmative claim for damages resulting from a retaliatory action of a landlord occurring during a tenancy.

(c)

  (1) If in any proceeding the court finds in favor of the tenant because the landlord engaged in a retaliatory action, the court may enter judgment against the landlord for damages not to exceed the equivalent of 3 months' rent, reasonable attorney fees, and court costs.

  (2) If in any proceeding the court finds that a tenant's assertion of a retaliatory action was in bad faith or without substantial justification, the court may enter judgment against the tenant for damages not to exceed the equivalent of 3 months' rent, reasonable attorney fees, and court costs.

(d) The relief provided under this section is conditioned on the tenant being current on the rent due and owing to the landlord at the time of the alleged retaliatory action, unless the tenant withholds rent in accordance with the lease, Sec. 8-211 of this subtitle, or a comparable local ordinance.

(e) An action by a landlord may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a tenant's action that is protected under subsection (a)(2) of this section.

(f) As long as a landlord's termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the landlord's or the tenant's rights to terminate or not renew a tenancy.

(g) If any county has enacted or enacts an ordinance comparable in subject matter to this section, this section shall supersede the provisions of the ordinance to the extent that the ordinance provides less protection to a tenant.

#### Section 8-208.2

(a) Notwithstanding the provisions of Sec. 8-208.1 of this subtitle, a landlord of real property subject to the provisions of Title 6, Subtitle 8 of the Environment Article may not evict or take any other retaliatory action against a tenant primarily as a result of the tenant providing information to the landlord under Title 6, Subtitle 8 of the Environment Article.

(b) For purposes of this section, a retaliatory action includes:

  (1) An arbitrary refusal to renew a lease;

  (2) Termination of a tenancy;

  (3) An arbitrary rent increase or decrease in services to which the tenant is entitled; or

  (4) Any form of constructive eviction.

(c) A tenant subject to an eviction or retaliatory action under this section is entitled to the relief, and is eligible for reasonable attorney's fees and costs, authorized under Sec. 8-208.1 of this subtitle.

(d) Nothing in this section may be interpreted to alter the landlord's or the tenant's rights arising from a breach of any provision of a lease.

#### Section 8-208.3

Every landlord shall maintain a records system showing the dates and amounts of rent paid to the landlord by the tenant or tenants and showing also the fact that a receipt of some form was given to each tenant for each cash payment of rent.

#### Section 8-208.4

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Consumer reporting agency" means any person or entity that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.

  (3)

    (i) "Positive rental payment history" means information regarding a tenant's complete and timely payments of rent.

    (ii) "Positive rental payment history" does not include an instance in which a tenant did not completely or timely make a rental payment.

  (4) "Secretary" means the Secretary of Housing and Community Development.

(b) This section applies only to a landlord that owns six or more residential rental units in the State.

(c) A landlord that offers a residential dwelling unit for rent shall include in a written lease the option to have the tenant's positive rental payment history reported to at least one consumer reporting agency.

(d)

  (1) For a lease entered into on or after October 1, 2026, the offer of positive rental payment history reporting shall be made at the time of the lease agreement and at least once annually thereafter.

  (2)

    (i) For leases entered into before October 1, 2026, the offer of positive rental payment history reporting shall be made not later than January 1, 2027, and at least once annually thereafter.

    (ii) A landlord shall deliver the offer of positive rental payment history reporting to the tenant by:

      (1) First-class mail with a certificate of mailing;

      (2) A delivery service providing delivery tracking and confirmation; or

      (3) Electronic delivery, if the tenant has elected to receive notices from the landlord in this manner.

(e) The offer of positive rental payment history reporting shall be in the form specified in regulations adopted by the Secretary under subsection (j) of this section and include:

  (1) A statement that reporting of the tenant's positive rental payment history is optional;

  (2) The name of each consumer reporting agency to which positive rental payment history will be reported;

  (3) The amount of any fee charged under subsection (h) of this section;

  (4) Instructions on how to submit the written election of positive rental payment history reporting to the landlord;

  (5) A statement that the tenant may opt into positive rental payment history reporting at any time following the initial offer by the landlord;

  (6) A statement that the tenant may elect to stop positive rental payment history reporting at any time, but that the tenant will not be able to resume positive rental payment history reporting for at least 6 months after an election to opt out;

  (7) Instructions on how to opt out of positive rental payment history reporting; and

  (8) A signature block that the tenant shall date and sign in order to accept the offer of positive rental payment history reporting.

(f) If the offer of positive rental payment history reporting is made by first-class mail, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of positive rental payment history reporting.

(g)

  (1) A tenant may submit the tenant's completed written election at any time after the tenant receives the offer of positive rental payment history reporting from the landlord.

  (2)

    (i) A tenant may request additional copies of the written election of positive rental payment history reporting from the landlord at any time.

    (ii) A landlord that receives a request from a tenant pursuant to this paragraph shall comply with the request.

(h)

  (1) If a tenant elects to have positive rental payment history reported to a consumer reporting agency the landlord may require that the tenant pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or $10 per month.

  (2)

    (i) The payment or nonpayment of a fee under this subsection may not be reported to a consumer reporting agency.

    (ii) A fee collected under this subsection is not rent and may not be credited toward full or partial satisfaction of rent or any other obligation under the lease.

    (iii) If a tenant fails to pay any fee required by the landlord under this subsection for 30 days or more:

      (1) The landlord may stop reporting the tenant's rental payments; and

      (2) The tenant may not elect positive rental payment history reporting for a period of at least 6 months after the date on which the fee first became due.

(i)

  (1) A landlord shall stop reporting positive rental payment history on written request by a tenant.

  (2) A tenant who elects to have reporting stopped may not elect positive rental payment history reporting again for a period of at least 6 months after the date of the tenant's written request to have reporting stopped.

(j) The Secretary shall adopt regulations to carry out this section.

#### Section 8-209

(a)

  (1) This section applies only to a residential lease.

  (2) This section does not apply to a landlord who has provided written notice of the intent to terminate a tenancy in accordance with Sec. 8-402(c)(2) of this article.

(b)

  (1) A landlord shall notify a tenant in writing before increasing the tenant's rent.

  (2)

    (i) The notice required under paragraph (1) of this subsection shall:

      (1) Be sent by first-class mail with a certificate of mailing; or

      (2) If elected by the tenant, sent by electronic delivery in at least one of the following forms:

      (A) An e-mail message;

      (B) A text message; or

      (C) Through an electronic tenant portal.

    (ii) The electronic delivery method shall provide the landlord with proof of transmission of the notice.

    (iii) A landlord may not condition the acceptance of a lease application on the tenant's election to receive notice under this subsection by electronic delivery.

  (3) A landlord shall provide the notice required under paragraph (1) of this subsection:

    (i) For tenancies for a term of more than 1 month, at least 90 days in advance of the rent increase;

    (ii) For tenancies for a term of more than 1 week, but not more than 1 month, at least 60 days in advance of the rent increase; and

    (iii) For tenancies for a term of 1 week or less:

      (1) At least 7 days in advance of the rent increase if the parties have a written lease; or

      (2) At least 21 days in advance of the rent increase if the parties do not have a written lease.

(c) This section does not affect or supersede any local law or ordinance that requires additional notice or provides additional tenant protections.

#### Section 8-209.1

(a) In this section, "local jurisdiction" means a county or municipality.

(b)

  (1) This section applies to a local jurisdiction that adopts a local law to limit the rent increase that a landlord may charge a current tenant for a subsequent term without a gap in tenancy.

  (2) This section does not apply to a local jurisdiction that adopts a local law for the purpose identified in paragraph (1) of this subsection if the limitation on rent increases applies only:

    (i) During:

      (1) A designated state of emergency or catastrophic health emergency issued by the Governor; or

      (2) An emergency order issued by the head of the executive branch of the local jurisdiction;

    (ii) To housing owned by the local jurisdiction and operated by the local jurisdiction or a third party; or

    (iii) To housing funded, in whole or in part, by the local jurisdiction.

(c) On adoption of a local law described in subsection (b)(1) of this section, the local jurisdiction shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article:

  (1) That the local jurisdiction has adopted a local law to limit the rent increase that a landlord may charge;

  (2) The text of the bill, as adopted by the local jurisdiction; and

  (3) The date the local law will go into effect.

(d)

  (1) On or before January 31 of the second calendar year after a local jurisdiction adopts a local law for the purpose identified in subsection (b)(1) of this section, the local jurisdiction shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the number of new building permits issued by the local jurisdiction, by year, for multifamily dwellings intended to be used as rental properties:

    (i) For the 2 years prior to enacting the local law; and

    (ii) Since enactment of the local law.

  (2) On or before January 31 of each year after the initial report required under paragraph (1) of this subsection, the local jurisdiction shall submit an updated report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the number of new building permits issued by the local jurisdiction, by year, for multifamily dwellings intended to be used as rental properties since the date the local law was enacted.

(e) This section may not be construed to authorize a local jurisdiction to adopt a local law to limit rent increases that may be charged to a current tenant.

#### Section 8-210

(a)

  (1) The landlord of any residential rental property shall include in a written lease or post a sign in a conspicuous place on that property listing the name, address, and telephone number of:

    (i) The landlord; or

    (ii) The person, if any, authorized to accept notice or service of process on behalf of the landlord.

  (2) If a landlord fails to comply with paragraph (1) of this subsection, notice or service of process shall be deemed to be proper if the tenant sends notice or service of process by any of the following means:

    (i) To the person to whom the rent is paid;

    (ii) To the address where the rent is paid; or

    (iii) To the address where the tax bill is sent.

(b)

  (1) This subsection applies only in Montgomery County.

  (2) In this subsection, "development" has the meaning provided in Sec. 11B-101 of this article.

  (3)

    (i) Before execution by a tenant of a lease for an initial term of 125 days or more, the owner of any residential rental property within any condominium or development shall provide to the prospective tenant, to the extent applicable, a copy of the rules, declaration, and recorded covenants and restrictions that limit or affect the use and occupancy of the property or common areas and to which the owner is obligated.

    (ii) The written lease shall include a statement, if applicable, that the obligations of the owner that limit or affect the use and occupancy of the property are enforceable against the owner's tenant.

(c)

  (1) The landlord of any residential rental property shall:

    (i) Provide a link to the property's pet policy on the property's website, if applicable; and

    (ii) Provide a written copy or summary of the property's pet policy in any rental application form for a unit in the property.

  (2) A pet policy provided in accordance with this section shall state:

    (i) Any breed and weight restrictions;

    (ii) Any required fees, including:

      (1) Up-front, nonrefundable pet fees;

      (2) Refundable pet deposits; and

      (3) Monthly pet fees;

    (iii) Any limit on the number of pets allowed in a unit;

    (iv) Any vaccination requirements;

    (v) Any liability insurance requirements; and

    (vi) Any additional requirements for pet owners imposed by the landlord.

#### Section 8-211

(a)

  (1) The purpose of this section is to provide tenants with a mechanism for encouraging the repair of serious and dangerous defects which exist within or as part of any residential dwelling unit, or on property used in common of which the dwelling unit forms a part.

  (2) The defects sought to be reached by this section are those which present a substantial and serious threat of danger to the life, health, and safety of the occupants of the dwelling unit, and not those which merely impair the aesthetic value of the premises, or which are, in those locations governed by such codes, housing code violations of a nondangerous nature.

  (3) The intent of this section is not to provide a remedy for dangerous conditions in the community at large which exists apart from the leased premises or the property in common of which the leased premises forms a part.

(b) It is the public policy of the State that meaningful sanctions be imposed on a landlord that allows dangerous conditions and defects to exist in leased premises, and that an effective mechanism be established for repairing these conditions and halting their creation.

(c)

  (1) Except as provided in paragraph (2) of this subsection, this section applies to all residential dwelling units leased for the purpose of human habitation within the State whether they are:

    (i) Publicly or privately owned; or

    (ii) Single or multiple units.

  (2) This section does not apply to farm tenancies.

(d) This section provides a remedy and imposes an obligation on landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including:

  (1) Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant's failure to pay the charges;

  (2) Lack of adequate sewage disposal facilities;

  (3) Infestation of rodents in two or more dwelling units;

  (4) The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or

  (5) The existence of any condition which presents a health or fire hazard to the dwelling unit.

(e)

  (1) This section does not apply to a landlord's failure to repair and eliminate minor defects or, in those locations governed by such codes, housing code violations of a nondangerous nature.

  (2) There is a rebuttable presumption that the following conditions, when they do not present a serious and substantial threat to the life, health, and safety of the occupants, are not covered by this section:

    (i) Any defect which merely reduces the aesthetic value of the leased premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative amenities;

    (ii) Small cracks in the walls, floors, or ceilings;

    (iii) The absence of linoleum or tile on the floors, provided that they are otherwise safe and structurally sound; or

    (iv) The absence of air conditioning.

(f)

  (1) In order to employ the remedies provided by this section, the tenant shall notify the landlord of the existence of the defects or conditions.

  (2) Notice shall be given by:

    (i) A written communication sent by certified mail listing the asserted conditions or defects;

    (ii) Actual notice of the defects or conditions; or

    (iii) A written violation, condemnation or other notice from an appropriate State, county, municipal, or local government agency stating the asserted conditions or defects.

(g)

  (1) The landlord has a reasonable time after receipt of notice in which to make the repairs or correct the conditions.

  (2) The length of time deemed to be reasonable is a question of fact for the court, taking into account the severity of the defects or conditions and the danger which they present to the occupants.

  (3) There is a rebuttable presumption that a period in excess of 30 days from receipt of notice is unreasonable.

(h)

  (1) If the landlord refuses to make the repairs or correct the conditions, or if after a reasonable time the landlord has failed to do so, the tenant may take one or both of the following actions:

    (i) Bring an action of rent escrow to pay rent into court because of the asserted defects or conditions; and

    (ii) Refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for distress for rent or to any complaint proceeding brought by the landlord to recover rent or the possession of the leased premises.

  (2)

    (i) Multiple tenants may join as plaintiffs in an action under this section in accordance with the Maryland Rules on joinder.

    (ii) The court may order separate trials or issue any other order necessary to prevent delay or avoid prejudice.

(i)

  (1) There is a rebuttable presumption that a tenant is entitled to the adjudication of a request for rent abatement.

  (2)

    (i) Subject to subsection (m) of this section, there is a rebuttable presumption that a tenant is entitled to an abatement of prospective rent in an amount to be determined by the court.

    (ii) A determination under this paragraph is without prejudice to a final disposition of rent that is due and unpaid to the landlord.

  (3) There is a rebuttable presumption that a court order requiring rent escrow is limited to the payment of rent that is due and unpaid subsequent to the court order.

  (4) A party may request that the court adjust the amount of rent that a tenant pays into court at any time.

  (5) If a tenant alleges that a defect or condition exists at the leased premises at a trial for failure to pay rent, the court may grant a postponement on request of either party in order for the parties to provide evidence and additional information regarding the alleged defect or condition.

(j)

  (1) Whether the issue of rent escrow is raised affirmatively or defensively, the tenant may request one or more of the forms of relief set forth in this section.

  (2) In addition to any other relief sought, if within 90 days after the court finds that the conditions complained of by the tenant exist and the landlord has not made the repairs or corrected the conditions complained of, the tenant may file a petition of injunction in the District Court requesting the court to order the landlord to make the repairs or correct the conditions.

(k) Relief under this section is conditioned on:

  (1) Giving proper notice, and where appropriate, the opportunity to correct, as described in subsection (g) of this section;

  (2) Payment by the tenant of the amount of rent required by the lease into the court, unless this amount is modified by the court as provided in subsection (i) or (m) of this section;

  (3) In the case of tenancies measured by a period of 1 month or more, the court having not entered against the tenant three prior judgments of possession for rent due and unpaid in the 12-month period immediately prior to the initiation of the action by the tenant or by the landlord; and

  (4) In the case of periodic tenancies measured by the weekly payment of rent, the court having not entered against the tenant more than five judgments of possession for rent due and unpaid in the 12-month period immediately prior to the initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the premises 6 months or less, the court having not entered against the tenant three judgments of possession for rent due and unpaid.

(l) It is a sufficient defense to the allegations of the tenant that the tenant, the tenant's family, agent, employees, or assignees or social guests have caused the asserted defects or conditions, or that the landlord or the landlord's agents were denied reasonable and appropriate entry for the purpose of correcting or repairing the asserted conditions or defects.

(m) The court shall make appropriate findings of fact and make any order that the justice of the case may require, including any one or a combination of the following:

  (1) Order the termination of the lease and return of the leased premises to the landlord, subject to the tenant's right of redemption;

  (2) Order that the action for rent escrow be dismissed;

  (3) Order that the amount of rent required by the lease, whether paid into court or to the landlord, be abated and reduced in an amount determined by the court to be fair and equitable to represent the existence of the conditions or defects found by the court to exist; or

  (4) Order the landlord to make the repairs or correct the conditions complained of by the tenant and found by the court to exist.

(n)

  (1) After rent escrow has been established, the court:

    (i) Shall, after a hearing, if so ordered by the court or one is requested by the landlord, order that the money in the escrow account be disbursed to the landlord after the necessary repairs have been made;

    (ii) May, after an appropriate hearing, order that some or all money in the escrow account be paid to the landlord or the landlord's agent, the tenant or the tenant's agent, or any other appropriate person or agency for the purpose of making the necessary repairs of the dangerous conditions or defects;

    (iii) May, after a hearing if one is requested by the landlord, appoint a special administrator who shall cause the repairs to be made, and who shall apply to the court to pay for them out of the money in the escrow account;

    (iv) May, after an appropriate hearing, order that some or all money in the escrow account be disbursed to pay any mortgage or deed of trust on the property in order to stay a foreclosure;

    (v) May, after a hearing, if one is requested by the tenant, order, if no repairs are made or if no good faith effort to repair is made within 6 months of the initial decision to place money in the escrow account, that the money in the escrow account be disbursed to the tenant that has paid into escrow; or

    (vi) May, after an appropriate hearing, order that the money in the escrow account be disbursed to the landlord if the tenant does not regularly pay, into that account, the rent owed.

  (2) An order issued under paragraph (1)(v) of this subsection:

    (i) Does not affect the right of a tenant to pay rent into court; and

    (ii) May be stayed on appeal by the landlord.

(o) If a court orders any relief to a tenant who brings an action under this section, the tenant may recover:

  (1) Reasonable attorney's fees and costs; and

  (2) Reasonable expenses related to litigation.

(p) If a court finds that a complaint filed by a tenant under this section is in bad faith or without substantial justification, the court may enter a judgment in favor of the landlord for:

  (1) Reasonable attorney's fees and costs; and

  (2) Expenses related to litigation.

(q) Except as provided in Sec. 8-211.1(e) of this subtitle, this section shall supersede any local law or ordinance comparable in subject matter to this section except to the extent that the local law or ordinance provides broader applicability or more protections for tenants than this section.

#### Section 8-211.1

(a) Notwithstanding any provision of law or any agreement, whether written or oral, if a landlord fails to comply with the applicable risk reduction standard under Sec. 6-815 or Sec. 6-819 of the Environment Article, the tenant may deposit the tenant's rent in an escrow account with the clerk of the District Court for the district in which the premises are located.

(b) The right of a tenant to deposit rent in an escrow account does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.

(c) Money deposited in an escrow account shall be released under the following terms and conditions:

  (1) To the lessor upon compliance by the lessor with the applicable risk reduction standard; or

  (2) To the lessee or any other person who has complied with the applicable risk reduction standard on presentation of a bill for the reasonable costs of complying with the applicable risk reduction standard.

(d) A lessee may not be evicted, the tenancy may not be terminated, and the rent may not be raised for a lessee who elects to seek the remedies under this section. It shall be presumed that any attempt to evict the lessee, to terminate the tenancy, or to raise the rent, except for nonpayment of rent, within two months after compliance with the applicable risk reduction standard is in retaliation for the lessee's proceeding under this section and shall be void.

(e) This section shall preempt any public local law or ordinance concerning the deposit of rent into an escrow account based upon the existence of paint containing lead pigment on surfaces in or on a rental dwelling unit in the State and disposition of that rent.

#### Section 8-212

(a) In this section, "fit for human habitation" means that a dwelling unit and property of which the dwelling unit is a part are free from serious defects or conditions that constitute, or will constitute if not promptly corrected, a fire hazard or other serious and substantial threat to the life, health, or safety of occupants of the dwelling unit.

(b) This section applies to landlords, tenants, and residential dwelling units that are subject to Sec. 8-211 of this subtitle.

(c) A landlord that offers a residential dwelling unit for rent, whether by written or oral lease agreement, shall be deemed to warrant that the dwelling unit is fit for human habitation.

(d) The warranty of habitability under this section exists at the beginning of the tenancy and continues throughout the term of the tenancy.

(e) Relief for breach of the warranty of habitability under this section may not be conditioned on payment by the tenant of rent into escrow with the court.

(f)

  (1)

    (i) In order to employ the remedies provided by this section, the tenant shall notify the landlord of the existence of defects or conditions.

    (ii) Notice shall be given by:

      (1) A written communication sent by certified mail listing the asserted defects or conditions;

      (2) Actual notice of the defects or conditions; or

      (3) A written violation, condemnation, or other notice from an appropriate State, county, municipal, or local government agency stating the asserted defects or conditions.

  (2) Within a reasonable period of time after receipt of notice under paragraph (1) of this subsection, the landlord shall make the repairs or correct the conditions in accordance with Sec. 8-211(g) of this subtitle.

(g)

  (1) If a landlord breaches the warranty of habitability under this section and refuses to make the repairs or correct the conditions, or if after a reasonable time the landlord has failed to do so, the tenant may:

    (i) Bring an action for damages and the abatement of rent against the landlord; and

    (ii) Refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action of distress for rent or to any other action brought by the landlord to recover rent or the possession of the leased premises.

  (2) Multiple tenants may join as plaintiffs in an action under this subsection in accordance with the Maryland Rules on joinder.

  (3) The remedies under this subsection are in addition to any other remedies provided by law.

(h) It is a defense to a claim under this section that:

  (1) The tenant, the tenant's family, agent, employees, assignees, or social guests caused the asserted defects or conditions; or

  (2) The landlord or the landlord's agents were denied reasonable and appropriate entry for the purpose of correcting or repairing the asserted conditions or defects.

(i) The court shall make appropriate findings of fact and issue any order that the justice of the case may require, including ordering any of the following:

  (1) An award of actual damages;

  (2) An abatement of rent due and unpaid; or

  (3) The termination of the lease, return of any unused portion of a security deposit to the tenant, and relocation expenses for a tenant.

(j) If a court orders any relief to a tenant who brings an action under this section, the tenant may recover reasonable:

  (1) Attorney's fees and costs; and

  (2) Expenses related to litigation.

(k) If a court finds that an action brought by a tenant under this section is in bad faith or without substantial justification, the court may enter a judgment in favor of a landlord for:

  (1) Reasonable attorney's fees and costs; and

  (2) Expenses related to litigation.

#### Section 8-212.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Active duty" has the meaning stated in Sec. 9-901 of the State Government Article.

  (3) "Change of assignment" includes:

    (i) Permanent change of station orders;

    (ii) Temporary duty orders for a period exceeding 90 days;

    (iii) Orders requiring a person to move into quarters located on a military installation; and

    (iv) A release from active duty, including:

      (1) Retirement;

      (2) Separation or discharge under honorable conditions; and

      (3) Demobilization of an activated member of a reserve component who was serving on active duty orders for at least 180 consecutive days.

  (4) "Reserve component" has the meaning stated in Sec. 9-901 of the State Government Article.

(b) Notwithstanding any other provision of this title, if an active service member or the active service member's spouse enters into a residential lease of property and the active service member subsequently receives a change of assignment, before or after occupying the property, any liability of the active service member or the active service member's spouse, for rent under the lease may not exceed:

  (1) Any rent or lawful charges then due and payable plus 30 days' rent after written notice and proof of the change of assignment is given to the landlord; and

  (2) The cost of repairing damage to the premises caused by an act or omission of the tenant.

#### Section 8-212.2

(a) In this section, "mental disorder" has the meaning stated in Sec. 10-101 of the Health - General Article.

(b) This section does not apply to a tenant under a residential lease that contains a liquidated damages clause or early termination clause that:

  (1) Requires written notice to vacate of 1 month or less; and

  (2) Imposes liability for rent less than or equal to 2 months' rent after the date on which the tenant vacates the leased premises.

(c) Subject to subsection (b) of this section and notwithstanding any other provision of this title, if a tenant under a residential lease meets the conditions set forth in subsection (d) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the tenant vacates the leased premises.

(d) To qualify for the limitation of liability under subsection (c) of this section, the tenant shall provide to the landlord before the tenant vacates the leased premises:

  (1) Subject to the provisions of subsection (e) of this section, a written certification from a physician or psychologist regarding an individual who is a named party in, or an authorized occupant under the terms of, the lease that states in substantially the following form:

  "I, (name of physician or psychologist), hereby certify that my patient, (name of patient), is no longer able to live at his or her leased premises, (address of leased premises), because the patient has a medical condition that:

  (1) Substantially restricts the physical mobility of the patient within, or from entering and exiting, the leased premises;

  (2) Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises; or

  (3) Is a mental disorder that:

    (i) Causes the continued habitation of the leased premises to be unfeasible or unsustainable for the patient; or

    (ii) Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises.

    I certify further that the expected duration of the patient's medical condition will continue beyond the termination date of the patient's lease, which the patient states is (termination date of lease)."; and

  (2) A written notice of the termination of the lease stating the date by when the tenant will vacate the leased premises.

(e) A certification that is provided to a landlord under subsection (d)(1) of this section shall be:

  (1) Written by:

    (i) A physician who is licensed by the State Board of Physicians to practice medicine in the State under Title 14 of the Health Occupations Article; or

    (ii) A psychologist who is licensed by the State Board of Examiners of Psychologists to practice psychology in the State under Title 18 of the Health Occupations Article;

  (2) Prepared on the letterhead or printed prescription form of the physician or psychologist; and

  (3) Signed by the physician or psychologist.

#### Section 8-212.3

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Affected dwelling unit" has the meaning stated in Sec. 7-309 of the Public Utilities Article.

  (3) "Landlord" has the meaning stated in Sec. 7-309 of the Public Utilities Article.

  (4) "Tenant" has the meaning stated in Sec. 7-309 of the Public Utilities Article.

  (5) "Utility service" has the meaning stated in Sec. 7-309 of the Public Utilities Article.

  (6) "Utility service provider" has the meaning stated in Sec. 7-309 of the Public Utilities Article.

(b) A tenant may deduct from rent due to a landlord the amount of payments made to a utility service provider for utility service if:

  (1) An oral or written lease for an affected dwelling unit requires the landlord to pay the utility bill; and

  (2)

    (i) The tenant pays all or part of the utility bill, including payments made on a new utility service account; or

    (ii) The tenant pays any security deposit required to obtain a new utility service account.

(c) A tenant's rights under this section may not be waived in any lease.

#### Section 8-212.4

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Dwelling unit" means that portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons, including a rented room in a single-family house.

  (3) "Landlord" means:

    (i) An owner of residential rental property that offers two or more dwelling units for rent on one parcel; or

    (ii) A person acting on behalf of a landlord.

  (4) "Master meter" means a meter used to measure, for billing purposes, all usage of a particular utility for a landlord's residential rental property, including usage for common elements of the residential rental property and dwelling units.

  (5) "Ratio utility billing system" means allocation of one or more of a landlord's utility charges, collected via a master meter, among the tenants by any method that does not measure actual per-tenant usage for the utility.

  (6) "Utility" means:

    (i) Electricity usage;

    (ii) Gas usage;

    (iii) Wastewater and sewage disposal service usage; or

    (iv) Water consumption or usage.

(b) This section does not apply to residential rental property in:

  (1) A condominium organized under Title 11 of this article; or

  (2) A cooperative project organized under Title 5, Subtitle 6B of the Corporations and Associations Article.

(c)

  (1) If a landlord uses a ratio utility billing system to bill tenants for one or more utilities, the landlord shall provide the following information to all prospective tenants in writing:

    (i) A statement that the tenant will be billed by the landlord for allocated utility services and that identifies all utilities at issue;

    (ii) A copy of the last two utility bills issued to the landlord;

    (iii) A description of the method that will be used to allocate the cost of the utility to the tenant, by utility;

    (iv) A statement that any disputes relating to the computation of the tenant's bill are between the tenant and the landlord;

    (v) The average monthly bill for all dwelling units in the residential rental property in the previous calendar year, by utility;

    (vi) A statement that the tenant has the right to inspect records retained by the landlord that document a bill for utilities on written request;

    (vii) Information regarding any additional service charges or administrative fees to be paid by the tenant for the operation of the ratio utility billing system; and

    (viii) A citation to this section.

  (2) A lease provision that requires a tenant to pay the utility charges billed to the tenant under a ratio utility billing system shall be unenforceable if the landlord fails to provide the information required under paragraph (1) of this subsection to the tenant in writing.

(d) A landlord who uses a ratio utility billing system shall, on written request by a tenant, allow a tenant to inspect records retained by the landlord that document a bill for utilities.

(e)

  (1) A county or municipal corporation may enact local laws consistent with this section governing:

    (i) The information a landlord is required to provide to a tenant;

    (ii) Disclosure requirements; and

    (iii) Document retention policies.

  (2) Any local law or ordinance that is comparable in subject matter to this section shall supersede the provisions of this section to the extent that the local law or ordinance is more stringent or provides stronger protection or broader applicability than this section.

#### Section 8-213

(a) An application for a lease shall contain a statement which explains:

  (1) The liabilities which the tenant incurs upon signing the application; and

  (2) The provisions of subsections (b) and (c) of this section.

(b)

  (1)

    (i) If a landlord requires from a prospective tenant any fees other than a security deposit as defined by Sec. 8-203(a) of this subtitle, and these fees exceed $25, then the landlord shall return the fees, subject to the exceptions below, or be liable for twice the amount of the fees in damages.

    (ii) The return shall be made not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur.

  (2) The landlord may retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and shall return that portion of the fees not actually expended on behalf of the tenant making application.

(c) This section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals.

#### Section 8-214

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Elderly person" means an individual who is 60 years old or older.

  (3) "Landlord" means an owner of residential rental property who offers more than 3 dwelling units for rent on 1 parcel of property or at 1 location.

(b) This section applies only to Montgomery County.

(c) If a tenant is an elderly person, a landlord may not prohibit the tenant from keeping a household pet, unless specifically prohibited in writing at the time occupancy took place.

(d) A tenant is liable for any damage done to the premises by the tenant's pet.

(e) A landlord may establish reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health and safety of other tenants and the property of the landlord.

#### Section 8-215

(a) In this section, "affected property" and "owner" have the meanings stated in Sec. 6-801 of the Environment Article.

(b)

  (1) If an owner of an affected property fails to comply with the applicable risk reduction standard under Sec. 6-815 or Sec. 6-819 of the Environment Article, the owner, on the written request of the tenant, shall:

    (i) Immediately release the tenant from the terms of the lease or rental agreement for that property; and

    (ii) Pay to the tenant all reasonable relocation expenses, not to exceed $2,500, directly related to the permanent relocation of the tenant to a lead-free dwelling unit or another dwelling unit that has satisfied the risk reduction standard in accordance with Sec. 6-815 of the Environment Article.

  (2) A tenant's written request to the landlord under paragraph (1) of this subsection shall include any risk reduction certification information provided by the Department of the Environment.

  (3) Within 3 business days of receipt of a tenant's written request under paragraph (1) of this subsection, an owner may provide to the tenant:

    (i) A current and valid risk reduction certificate;

    (ii) A lead-free certificate;

    (iii) A statement of verification by the owner and tenant of work performed in accordance with Sec. 6-819(g) of the Environment Article for the affected property; or

    (iv) The final report of an inspector verifying that work was performed on the affected property in accordance with Sec. 6-819(g) of the Environment Article.

(c)

  (1) If an owner fails to provide information in accordance with subsection (b)(3) of this section or to comply with the tenant's written request under subsection (b)(1) of this section within 3 business days of receipt of the request, the tenant may bring an action in District Court for the:

    (i) Lease termination;

    (ii) Reimbursement of reasonable relocation expenses; and

    (iii) Reasonable attorney's fees.

  (2) A tenant does not have a cause of action under this subsection if the owner of an affected property provides information in accordance with subsection (b)(3) of this section.

(d) The right of a tenant to request release in accordance with subsection (b) of this section does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.

(e) Any action or inaction of the owner of an affected property or tenant under this section or any finding in a proceeding under this section may not be construed to have any effect on:

  (1) Any civil action; or

  (2) Any administrative proceeding brought under this title or Title 6 of the Environment Article.

#### Section 8-216

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Threaten to take possession" means using words or actions intended to convince a reasonable person that the landlord intends to take imminent possession of the property in violation of this section.

  (3)

    (i) "Willful diminution of services" means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the landlord for the purpose of forcing a tenant to abandon the property.

    (ii) "Willful diminution of services" does not include a landlord choosing not to continue to pay for utility service for residential property after a final court order awarding possession of the residential property, if the landlord has provided the tenant reasonable notice of the landlord's intention and the opportunity for the tenant to open an account in the tenant's name for that service.

(b)

  (1) Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant.

  (2) A landlord may take possession of a dwelling unit from a tenant or tenant holding over only:

    (i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or

    (ii) If the tenant has abandoned or surrendered possession of the dwelling unit.

(c)

  (1) If in any proceeding the court finds in favor of the tenant because the landlord violated subsection (b) of this section, the tenant may recover:

    (i) Actual damages; and

    (ii) Reasonable attorney's fees and costs.

  (2) The remedies set forth in this subsection are not exclusive.

(d) This section may not be construed to prevent a landlord from taking temporary measures, including changing the locks, to secure an unsecured residential property, if the landlord makes good faith attempts to provide reasonable notice to the tenant that the tenant may promptly be restored to possession of the property.

#### Section 8-217

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Landlord" means the owner of a senior apartment facility.

  (3)

    (i) "Senior apartment facility" means an apartment building or complex that:

      (1) Contains four or more individual dwelling units; and

      (2) Is housing for older persons as defined in 42 U.S.C. Sec. 3607.

    (ii) "Senior apartment facility" does not include a nursing home or an assisted living facility.

(b)

  (1) At least 180 days before converting a senior apartment facility into an apartment facility for the general population, the landlord shall provide each tenant of the senior apartment facility with written notice of the conversion.

  (2) The notice shall include:

    (i) A statement that the senior apartment facility will be converted into an apartment facility for the general population;

    (ii) The date on which the conversion will take place; and

    (iii) A statement that the tenant has the right to terminate the lease at any time before the conversion date, provided that the tenant gives the landlord at least 1 month's written notice.

(c) Notwithstanding the terms of the lease, the landlord:

  (1) Shall allow any tenant who requests to move before the conversion date to terminate the tenant's lease after giving at least 1 month's written notice to the landlord; and

  (2) May not withhold any portion of a tenant's security deposit for rent that would have become due under any remaining term of the lease after termination under this section.

(d) To the extent that a violation of any provision of this section affects a tenant of a senior apartment facility, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.

#### Section 8-218

(a) In this section, "reusable tenant screening report" means a report prepared within the previous 30 days by a consumer reporting agency at the request and expense of a prospective tenant and made directly available to a prospective landlord at no charge for use in the rental application process.

(b) A reusable tenant screening report shall contain the following information regarding a prospective tenant:

  (1) A credit report;

  (2) For each jurisdiction indicated as a prior residence of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by a consumer reporting agency preparing a consumer report:

    (i) Subject to Subtitle 2A of this title, a comprehensive criminal history records check for all federal, state, and local charges against and convictions of the prospective tenant over the previous 7 years; and

    (ii) A comprehensive eviction history for all state and local jurisdictions for the previous 7 years;

  (3) Verification of employment and income; and

  (4) Current address and rental history.

(c)

  (1) A landlord shall notify prospective tenants regarding whether or not the landlord accepts reusable tenant screening reports.

  (2) Notice under paragraph (1) of this subsection may be in writing or by posting notice in a conspicuous manner, including:

    (i) A statement posted on a rental housing listing;

    (ii) Notice posted on the homepage of a website;

    (iii) Information provided in the rental application page for a rental property online; or

    (iv) Any other manner reasonably calculated to provide potential tenants with notice.

(d) If a prospective tenant provides a reusable tenant screening report to a landlord that accepts reusable tenant screening reports, the landlord may not charge the prospective tenant:

  (1) A fee for the landlord to access the report; or

  (2) An application fee.

(e) A landlord that accepts a reusable tenant screening report under this section may require a prospective tenant to certify that there has not been a material change to the tenant's name, address, bankruptcy status, criminal history, or eviction history since the date that the report was generated.

(f) Prior to the execution of a lease agreement, a landlord may reject an application for tenancy if a prospective tenant made a material change to a reusable tenant screening report.

#### Section 8-219

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Apartment facility" means an apartment building or complex that contains four or more individual dwelling units that a common landlord rents for residential purposes, including all common areas available for use by a tenant.

    (ii) "Apartment facility" does not include:

      (1) A single-family house, regardless of the number of individual dwelling units into which the house is subdivided;

      (2) A condominium organized under Title 11 of this article; or

      (3) A cooperative project organized under Title 5, Subtitle 6B of the Corporations and Associations Article.

  (3) "Dwelling unit" means that portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons.

  (4) "Tenant organization" means an incorporated or unincorporated organization of three or more tenants who reside in an apartment facility formed for the purpose of improving the living conditions, contractual position, or community experiences of the residents of the apartment facility that:

    (i) Meets regularly;

    (ii) Operates democratically; and

    (iii) Is independent of the owners or management of the apartment facility and their representatives.

(b)

  (1) Subject to subsection (c) of this section, a tenant organization shall have the right to assemble in a meeting room within an apartment facility designated for use by tenants for events and community gatherings during reasonable hours and on reasonable notice to the landlord to conduct tenant organization meetings.

  (2)

    (i) The landlord may impose reasonable terms and conditions on the use of a meeting room, provided that the terms and conditions do not undermine the purposes of this section.

    (ii) The landlord may require an individual participating in a tenant organization meeting who is not a resident of the apartment facility to sign a waiver of liability for injuries sustained while on the property.

  (3) A tenant organization shall:

    (i) Designate at least two but not more than five members who are authorized to schedule use of a meeting room on behalf of the tenant organization; and

    (ii) Provide written notification to the landlord of the designees at least once per year.

(c)

  (1) A landlord may not charge a tenant organization a fee for the use of a meeting room for the first meeting of the tenant organization each month.

  (2) A landlord may charge a reasonable fee for all other uses of a meeting room by the tenant organization within the same month provided that the fee does not exceed the regular schedule of fees charged to other groups or individuals for use of the meeting room.

#### Section 8-220

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Mold" has the meaning stated in Sec. 6-1702 of the Environment Article.

  (3) "Mold assessment" means:

    (i) An inspection, an investigation, or a survey of a dwelling or other structure to provide information to the owner regarding the presence, identification, or evaluation of mold;

    (ii) The development of a mold management plan; or

    (iii) The collection or analysis of a mold sample.

  (4) "Mold remediation" has the meaning stated in Sec. 6-1702 of the Environment Article.

(b) A landlord shall:

  (1) Provide the pamphlet developed or used under Sec. 6-1702 of the Environment Article to each tenant in a rental unit on the landlord's property:

    (i) At the time the lease or rental agreement is signed; and

    (ii) On request by a tenant of the rental unit; and

  (2) Request that a tenant sign a statement acknowledging receipt of the pamphlet.

(c)

  (1) A landlord shall perform a mold assessment  within 15 days after receipt of a written notice regarding the detection of mold from:

    (i) The applicable local agency enforcing housing and livability codes; or

    (ii) A tenant or building occupant.

  (2) If the assessment in paragraph (1) of this subsection detects mold, a landlord shall:

    (i) Perform mold remediation within 45 days after the assessment is completed; or

    (ii) If performing mold remediation within the time frame specified in item (i) of this paragraph is not feasible, within a reasonable time after the assessment is completed.

  (3) A landlord shall ensure that the mold assessment and mold remediation under paragraphs (1) and (2) of this subsection follows the recommended industry guidelines and best practices and State and local laws and regulations.

(d) A landlord shall:

  (1) Communicate with occupants during a mold assessment and mold remediation under subsection (c) of this section to provide updates and relevant information;

  (2) Ensure proper ventilation in the property;

  (3) Ensure low indoor relative humidity in the property; and

  (4) Maintain the property in accordance with all applicable federal, State, and local residential housing and building codes, standards, regulations, rules, and requirements pertaining to minimum livability under Sec. 12-203 of the Public Safety Article.

(e)

  (1) Except as provided in paragraph (2) of this subsection, nothing in this section may be construed to require a local government or local health department to conduct a mold assessment or mold remediation.

  (2) If a local government owns or manages a residential property, the local government or local housing authority shall comply with this section with respect to the residential property.

#### Section 8-221

(a) Subject to subsections (b) and (c) of this section, a landlord may enter a leased premises for the purpose of:

  (1) Completing repairs, maintenance, modifications, renovations, or improvements to the leased premises;

  (2) Inspecting the leased premises;

  (3) Showing the leased premises to prospective or actual purchasers, mortgagees, tenants, or contractors;

  (4) Ensuring the protection and safety of the property and occupants;

  (5) Completing work ordered by a governmental entity; or

  (6) If appropriate, responding to any other written request of the tenant.

(b)

  (1) Except as provided in paragraph (2) of this subsection, before entering a leased premises, a landlord shall:

    (i) Provide written notice to the tenant of the landlord's intent to enter in accordance with subsection (c) of this section; and

    (ii) Enter only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, or another time agreed on, in writing, by the tenant.

  (2) A landlord may enter the leased premises without providing notice under this subsection in the event of an emergency to ensure the imminent protection or preservation of the property, the imminent protection and safety of any occupants, or the health, safety, and welfare of other tenants and staff.

(c)

  (1) A landlord shall provide written notice to the tenant at least 24 hours in advance of the time that the landlord intends to enter the leased premises.

  (2) The notice shall include:

    (i) The date and approximate time that the landlord intends to enter; and

    (ii) The specific purpose of entry.

  (3) The notice shall be delivered by:

    (i) If the notice is delivered at least 24 hours before the specified time, first-class mail, with a certificate of mailing;

    (ii) Paper notice affixed to the door of the leased premises; or

    (iii) If elected by the tenant, electronic delivery in at least one of the following forms:

      (1) An e-mail message;

      (2) A text message; or

      (3) Through an electronic tenant portal that is accessible to the tenant at the time the notice is delivered and the specified entry time.

  (4) Electronic delivery shall provide the landlord with proof of transmission of the notice.

  (5) A tenant may agree in writing to allow a landlord to enter the leased premises less than 24 hours from receipt of notice.

(d)

  (1) To seek relief under this section, a tenant shall demonstrate that:

    (i) A landlord has entered the leased premises in violation of this section; or

    (ii) A landlord has made repeated demands for entry that are not in compliance with the requirements of this section.

  (2) In response to an action brought under this section, the court may issue an injunction to the landlord, assess appropriate damages against the landlord for breach of the tenant's covenant to quiet enjoyment of the leased premises, or both.

(e) A landlord is liable for any violation of this section committed by the landlord or an agent acting at the direction of the landlord.

(f) If a tenant alleges a housing code violation, the tenant shall provide the landlord access to the leased premises within 24 hours after notifying the landlord of the alleged violation.

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Md. Code Ann., Real Prop. (as displayed at mgaleg.maryland.gov, October 16, 2026)