Landlord issues related to COVID-19 crisis

Rent Relief

The application portal for COVID Rent Relief Round 4 is closed.

If you already submitted an application for COVID Rent Relief, you will be contacted by a case worker when your application is assigned.

The County is encouraging tenants who are behind on their rent to apply for available rent relief and understand that rental assistance is limited, So, it is important to work with their landlord on making rent payments and developing a payment plan, if they are able.

If you have tenants who need help in applying for benefits or negotiating payment plans, you may refer them to HIP or LEDC. If you and your tenant are solely focused on negotiating a payment plan, CRCMC provides negotiation services:

• Housing Initiative Partnership, Inc.: 301-916-5946
• Latino Economic Development Center: 202-540-7438
• Conflict Resolution Center of Montgomery County (CRCMC): 301-652-0717

The County law limiting rent increase notices to the VRG and providing waivers for late fees expired at midnight on May 15, 2022. As of May 16, 2022, notices of rent increase may be provided to tenants for an amount that exceeds the Voluntary Rent Guideline (VRG). 

Rent Increase Notices

We encourage landlords to minimize rent increases as much as possible and to work with tenants during this difficult time. 

A notice of rent increase provided to the tenant at least 90 days in advance may take effect if it meets the requirements at the time of issuance and other requirements.

Each written rent increase notice from a landlord must be given at least 90 days prior to the commencement of the increase and contain the following information:

1. The current (old) rent amount; the proposed new rent amount; and, the percentage increase in monthly rent;
2. The effective date of the proposed increase;
3. The applicable rent increase guideline (e.g., 0.4%); and,
4. A notice that the tenant may ask the Department to review any rent increases that the tenant considers excessive.

In addition:

• A notice of rent increase for a 2-year renewal of the lease must contain information on the rent for both years in that notice;
• The notice must correspond with the rent payment cycle; for example, a 90-day notice of rent increase given by a landlord on March 29 (before the rent due date of April 1) would take effect on July 1. Similarly, a 90-day notice given by a landlord on April 2 (after the rent due date) would not take effect until August 1; and,
• A tenant may receive only one rent increase in a 12-month period.

Renters or landlords who have questions or want help can contact the Montgomery County DHCA Office of Landlord-Tenant Affairs at 311 (240-777-0311) or email olta.intake@montgomerycountymd.gov  

Late Fees 

County law requiring a waiver of late fees in certain situations expired on May 15, 2022, current late fee requirements are addressed in the Landlord Tenant Handbook . We encourage landlords to work with tenants on agreements to maintain housing during this difficult time.

To incur a penalty for the late payment of rent, a tenant's rent payment must be more than 10 days late and the penalty cannot exceed 5% of the monthly rent.

Landlords or renters who have questions or want help can contact the Montgomery County DHCA Office of Landlord-Tenant Affairs at 311 (240-777-0311) or email olta.intake@montgomerycountymd.gov

Landlords may issue eviction notices reflecting the lease agreement and pursue collection actions.

However, no eviction can occur until:

• the court hears the case;
• the court issues a court order; and
• the eviction is scheduled by the Sheriff’s Office.

That means that a landlord can never change the locks, cut utilities, or remove a tenant's belongings without a court order and a Sheriff present.

If a landlord attempts to physically evict a tenant without a court order, tenants are advised to call the Police non-emergency number at 301-279-8000.

For more information, call 311 (240-777-0311) to reach the Office of Landlord-Tenant Affairs.

Tenant Holding Over

When a tenant's lease expires, if they are not offered (or choose not to sign) a lease, they automatically become a month-to-month tenant. Either you or the tenant can give a notice to vacate. Sixty days’ notice is required from the landlord for notice to vacate, which can be at lease expiration or later. The notice period for the tenant is contingent upon the lease. If the tenant hasn’t left by the end of the notice-to-vacate timeframe, the landlord can file a tenant holdover case to enforce the notice to vacate.  

Breach of Lease

A tenant may be given a 30-day notice that they are in breach of the lease (for example, the apartment doesn’t allow pets and the tenant has a dog). A tenant can remedy a breach and the landlord should rescind the notice but this is not required by law. For example, the tenant can rehome the dog and the breach is remedied. 

It is up to the judge to decide whether the breach is substantial and warrants eviction.

Failure to Pay Rent

A landlord can file a Failure to Pay Rent case when a tenant is behind on their rent. 

Renters have the right to pay owed rent at any time. The landlord must accept the rent payment and cancel the eviction process if rent is brought current, unless the landlord has filed and been granted a no right of redemption. Payment of rent will not stop an eviction in this instance unless the landlord changes their mind..

• See resources for information on financial assistance, food resources, health and utilities
• Visit WorkSource Montgomery or call 301-929-6880 for job search supports.

With funds running low for reasons beyond their control, some tenants have asked whether they can break their lease without large financial penalties. The  Landlord-Tenant Handbook includes a list of “Reasons beyond the Tenant’s Control” under which a tenant may terminate the lease agreement by giving the landlord a 30-day written notice to vacate.

This notice does not have to coincide with the rent payment cycle. This option applies to a tenant who cannot fulfill the balance of the rental contract because of an involuntary change of employment from the Washington Metropolitan area (generally 25 miles); death of a major wage earner; unemployment; tenant or tenant’s child being the victim of domestic violence; a landlord harassing the tenant or violating the tenant’s privacy rights; the tenant or tenant’s spouse being 62 or older, no longer able to live independently and needing to move to a nursing home or other senior housing; tenant being incarcerated or declared mentally incompetent; or for any other reasonable cause beyond the tenant’s control.

The tenant should be prepared to explain the specific circumstances in the notice to vacate and provide evidence to substantiate the reasons at the time the notice is given. The tenant is responsible for rent through the notice period. Under these circumstances, the tenant may be liable for a termination fee not to exceed one month’s rent or actual damages sustained by the landlord as a result of the breach, whichever is less.

More information about this topic is available in the Landlord-Tenant Handbook.

Department of Housing & Community Affairs (DHCA) handles Housing Code Complaints

DHCA Code Enforcement staff enforce the County’s housing and building maintenance codes. Housing Code Enforcement staff resumed interior inspections mid-2021. 

Property managers, landlords or renters who have questions may contact DHCA online or call 311 (or 240-777-0311). 

Optional Documents for Posting in Multifamily Buildings

The County has printable flyers in multiple languages available at its  DHCA webpage of information for landlords to print and post in common areas. These multilingual flyers include Face covering poster for apartments and condos, “Stop the Spread of Germs,” and “Social Distancing,"

The  Landlord-Tenant Handbook describes the rights and responsibilities of landlords and tenants in Montgomery County.

If you have questions or concerns, contact the County’s Office of Landlord-Tenant Affairs directly by:

• submitting an online request
• emailing olta.intake@montgomerycountymd.gov , or
• calling 311 (240-777-0311)

The County Office of Landlord-Tenant Affairs (OLTA) enforces County landlord-tenant laws, state security deposit law; answers questions about leases and, rights and obligations of tenants and landlords. When you contact us, an investigator will call you back within 48 hours; often on the same day. OLTA staff tries to call multiple times and will call the following day as well.

Renters cannot be evicted for testing positive

Renters, including those who rent a room or basement in someone’s house, cannot be kicked out for testing positive for COVID-19. If a landlord attempts to physically evict a tenant without a court order, the tenant is advised to call the Police non-emergency number (301-279-8000).

• A tenant may shelter in place if it allows them to stay away from the other members of the household.
• If a tenant has no place to stay, they are advised to contact the County Health and Human Services Crisis Center at 240-777-4000.

For information on landlord and tenant rights and responsibilities, see the County’s Landlord-Tenant Handbook.