Tenant Services
Summary of Service Focused Resources
Montgomery County offers a number of free services for Tenants, including but not limited to: Community Service Mediations, Judiciary Sponsored Legal Advice, and DHCA’s Office of Landlord Tenant Affairs’ Mediation and Administrative Hearings. Montgomery County also offers tenants access to legal services (see Evictions – Court Actions).
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Community Organizations - Mediations
If you and your landlord are open to mediation and/or are negotiating a payment plan, a number of community organizations provide negotiation services:
- Housing Initiative Partnership, Inc.: 301-916-5946
- Latino Economic Development Center: 202-540-7438
- Renters Alliance : [email protected]
- Conflict Resolution Center of Montgomery County (CRCMC): 301-652-0717
Judiciary Services – Legal Advice & Free Consults
If you receive a Court summons and are seeking legal advice or need assistance, the Maryland Court Help Center provides free legal advice on Landlord-Tenant matters to individuals that do not have an attorney. The Help Center attorneys can explain the law, assist in interpreting and filling out court forms, and prepare tenants for their hearings. Attorneys are available on the phone Monday-Friday from 8:30am-8pm at 410-260-1392. The Rockville District Court Help Center is located at 191 East Jefferson Street, Rockville MD 20850, Hours of operation are from 8:30 a.m. - 4:30 p.m., Monday - Friday.
Office of Landlord-Tenant Affairs – Mediation & Administrative Hearings
The DHCA Office of Landlord-Tenant Affairs mediates disputes between landlords and tenants. The Office answers questions from the public regarding landlord-tenant issues; investigates and resolves formal complaints from tenants and landlords; and, when a resolution is not forthcoming, refers the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication.
Complaints - Landlord-Tenant Complaint Process
Tenants or landlords may file complaints with the Office of Landlord-Tenant Affairs. If interested in filing a complaint:
- Call 240-777-0311 to discuss your case. Often, your questions/concerns may be resolved by speaking with an investigator and without filing a complaint.
- If you decide to file a complaint, the form can be mailed to you or printed from our website (PDF). You cannot file a Landlord-Tenant complaint through 311. Complete the form thoroughly.
- Send a copy of the complaint form to the Respondent.
- Wait one week to provide the Respondent an opportunity to resolve (emergency cases can be filed immediately). If after a week the complaint remains unresolved, send the form to Landlord-Tenant Affairs via [email protected] or mail/drop off at the OLTA office located at 1401 Rockville Pike, 4th Floor, Attach any pertinent documents to the complaint (e.g., copy of lease, photographs, letters, etc.)
The Office will send an acknowledgement letter upon receipt, with the case number and the name of the Landlord-Tenant Affairs Investigator assigned to the case.
The Complaint Process
The Investigator acts as a factfinder and mediator. Interviews are conducted to determine whether there has been a violation of Landlord-Tenant law. The Investigator will gather relevant information, and schedule a conciliation conference with both the landlord and tenant.
If a resolution is reached a Consent Agreement is often signed by both parties. This agreement is made in good faith and does not require either party to admit guilt. In many instances, the formailty of a written agreement is not necessary. A violation of the agreement, however, can result in legal action.
The Commission on Landlord-Tenant Affairs
If a complaint is not resolved, the Investigator refers the complaint to the Montgomery County Commission on Landlord-Tenant Affairs (“Commission”). Commission members act as Administrative Judges. The Commission has three options:
- Dismiss the complaint without conducting a hearing;
- Schedule a hearing to allow both siders to present their testimony and evidence under oath; or
- Refer the complaint back to the Investigator for further review.
The parties can represent themselves or have an attorney. Information is available to help you Prepare for your hearing before the Commission. Interpreters will be provided, at no expense, on request.
After hearing the case, the Commission issues a Decision and Order. The Commission can order any or all the following if the landlord has created a defective tenancy:
- Immediate termination of the lease;
- Return of all or part of a tenant’s security deposit wrongfully withheld;
- A penalty up to three times the amount of the deposit unreasonably withheld;
- Return of all or part of any rent already paid to the landlord;
- An award of up to $2,500.00 for damage or loss incurred by a tenant;
- A reasonable expenditure for temporary or substitute housing;
- An order allowing a tenant to correct the condition that constitutes the defective tenancy and abate the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant; and
- After a finding of retaliatory or illegal eviction, reasonable attorney’s fees incurred by the tenant up to $1,000.00.
The Commission can order either or both of the following if they find the tenant has created a defective tenancy:
- Immediate termination of the lease and possession of the rental property under State law; and/or
- An award of up to $2,500. for damage or loss incurred by a landlord.
The Commissioner's decision is legally binding. If any party fails to adhere to the Decision and Order, the County will take enforcement action. The Commissioner's decision may be appealed to the Circuit Court for Montgomery County. If the Decision and Order contains a monetary award, and the appellant wants to stop enforcement, they must post a bond with the Circuit Court in the amount of the award.
The Commission's Decisions and Orders are available online for review.