Tenants Will Save Court And Legal Costs In Certain Landlord

jp/tenants.pr 97-390 Contact: Elizabeth Davison, 301-217-2430
Chuck Thompson, 301-217-2600

TENANTS WILL SAVE COURT
AND LEGAL COSTS IN CERTAIN
LANDLORD-TENANT CASES For Immediate Release (Dec. 31, 1997)

Tenants will no longer automatically be assessed court or legal costs in landlord-
tenant court proceedings under an agreement reached by the Department of Housing and
Community Affairs and AOBA of Metropolitan Washington, an organization that represents
apartment and office building owners in the region.
Some landlords have apparently relied on a waiver provision in their lease to collect
court or legal costs from tenants who fail to pay their rent on time, said Elizabeth Davison,
Director of the Department. Section 29-26(o) of the Montgomery County Code, however,
does not allow a lease to contain such a waiver.
Lesa Hoover, Vice President of Government Affairs for AOBA, stated We believe
that the Code Section at issue is ambiguous as it currently reads. It appears that this law was
part of an effort at rent-control in the early 1970’s, and that it was not intended to apply in a
post rent-control era. Although we may not agree with the legal interpretation or the law’s
applicability, we have worked with the County, and will continue to do so, in an effort to
address this and other issues.
(more)

LANDLORD-TENANT CASES 2-2-2

Section 29 of the Montgomery County Code was enacted in 1972. It is not clear how
many times court or legal costs have been imposed on tenants who have been taken to
landlord-tenant court for late payment of rent. Several landlords never collected these costs,
and others stopped doing so when the matter was brought to their attention by DHCA.
DHCA will continue to work with AOBA and other interested parties in an effort to
review, update, and revise Chapter 29. Many provisions of Section 29 are obsolete and
need to be updated," said Davison. "We look forward to working cooperatively with AOBA
and responsible tenant groups to revise Chapter 29 in a way that makes sense in today’s
world.
Tenants who wish to pursue this matter further may contact the Commission on
Landlord-Tenant Affairs at (301) 217-7373.
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