The Investigator acts as a fact-finder. Documents are examined, and both parties are interviewed as the Investigator works to determine if there has been a violation of landlord-tenant law. The Investigator will attempt to mediate the dispute between the parties. Many times, in order to expedite the resolution of a complaint and to gather all of the necessary information, the Investigator will convene a conciliation conference.

If the parties can resolve their dispute, the Investigator may draft an agreement to be signed by the landlord and the tenant. This agreement clearly states what each party has agreed to do to resolve the dispute. On occasion, such agreements are also signed by a representative of Landlord-Tenant Affairs. However, in many instances, the formality of a written agreement is not necessary. The agreement does not mean that either party admits guilt; rather, the agreement is made in good faith to resolve the dispute. A violation of the agreement, however, can result in legal action.

In cases in which the complaint is not resolved, the Investigator refers the complaint to the Montgomery County Commission on Landlord-Tenant Affairs. Commission members act as administrative judges in the dispute process. The Commission is made up of four tenant representatives, four landlord representatives, and four members of the public who are neither tenants nor landlords. There are also three alternate members - one in each category.

When an Investigator refers a complaint to the Commission on Landlord-Tenant Affairs, the Commission has two options: if they decide there is not sufficient evidence of a violation of law, the Commission may dismiss a complaint without conducting a hearing; or, if they feel there is sufficient evidence to warrant it, they may schedule a hearing to allow both sides to present their case. Hearings are usually conducted before a panel of three Commissioners, one from each category. A hearing before the Commission is similar to a court case except that it is less formal. Within 45 days after the hearing, the Commission issues a Decision and Order. If either party fails to comply with a Commission Decision and Order, the County may initiate enforcement action. Commission decisions are appealable to the Circuit Court for Montgomery County.

Landlord-Tenant Affairs does not have jurisdiction over rental properties located in the following incorporated cities and towns:

Barnesville, Chevy Chase Village, Gaithersburg, Garrett Park, Laytonsville, Poolesville, Rockville, Takoma Park and Washington Grove.

Be sure to check with your city government to determine whether you live within the city limits of one of the above-mentioned cities. For City of Rockville, call 301-309-3240; for City of Gaithersburg, call 301-258-6340; for City of Takoma Park, call 301-270-5900; for all others, call your local government.