Apply for Rent Relief

Montgomery County's  COVID-19: Rent Relief Program - Phase 3 is open for applications. We invite all Montgomery residents who need rental assistance to visit COVID Rent Relief Program - Phase 3 to review the requirements and apply for assistance. 

Contact one of these organizations for help in submitting application for available rent relief: Support Organizations .

In the meantime, tenants are encouraged to pay what they can for rent, as the rent is still due.

1.  Call for free help to get access to rights and protections.

• Maryland Court Help Center hotline: 410-260-1392 (Mon-Fri, 8:30 a.m. – 8 p.m.)
• Maryland Legal Aid: 888-465-2468
• Homeless Persons Representation Project: 410-387-3126

2.  Apply for rental assistance or update your application for rental assistance

• If you haven’t applied for rental assistance, apply at www.mc311.com/rentrelief . Include a copy or photo of your court summons or judgment (or red-and-white notice) and answer “yes” to the question asking if you have a current hearing notice from the District Court, a Court Judgement or a notice from the Sheriff's office for eviction.
• If you already applied for rental assistance, send an update about court status to get priority. Send email to: HSS@montgomerycountymd.gov with your rent application case number and a copy or photo of your court summons or judgment (or red-and-white notice on your door).

3.  Call 311 (240-777-0311) and ask for Housing Stabilization Services.

4.  Come to Court! 

• You must appear in Court to present a defense and get your paperwork from court.
• Then, review "What to Do if You Receive an Eviction Decision from Court" (below) or ask one of the Support Organizations (listed on this page) for your next steps.  

Remember that you cannot be forced to leave your apartment without a court order and the presence of the Sheriff. If you have questions about a notice from your landlord, call 311 (240-777-0311), Office of Landlord-Tenant Affairs.

On August 26, 2021, the Supreme Court ruled, ending the CDC Order protection.

However, tenants still have support and options.

Tenants called to Court should always attend a court hearing to document the rent they have paid and to understand the findings of the judge.  Free assistance is available - both prior to Court and at Court:

• Contact these local organizations for help in preparing for Court: Support Organizations
• Contact Maryland Legal Aid at 888-465-2468 if you receive a Court Summons

If you have not applied for COVID Rent Relief assistance, apply at www.mc311.com/rentrelief . If you have received a court summons or judgment, include a copy or photo of that (or red-and-white notice) and answer “yes” to the question asking if you have a current hearing notice from the District Court, a Court Judgement or a notice from the Sheriff's office for eviction.

If you already applied for COVID Rent Relief assistance and receive a court summons or judgement, send an email to HSS@montgomerycountymd.gov 

• The email should include their rent application case number and a copy or photo of the summons or judgment
• The rent relief application will qualify for priority on the basis of facing eviction

For tenants who have Court judgments issued and deferred due to the CDC Order:

• The Court will schedule a hearing, which the tenant should attend
• The tenant will have an opportunity to update the Court on the status of the amount owed
• Tenants should contact free legal assistance, to prepare
• A tenant has the right to prevent the eviction by paying the amount due, including from COVID Rent Relief assistance. 

If the Court issues a judgment, it will document exactly how much is owed under that judgement, and the tenant can work with the landlord on how resolve that to avoid eviction.

You cannot be forced to leave your apartment without a court order and the presence of the Sheriff. If you have questions about a notice from your landlord, call 311 (240-777-0311), Office of Landlord-Tenant Affairs.

Tenants should work with their landlord on the processing of the COVID Rent Relief application, with up to $12,000 available for back rent available only if the tenant remains in the property. 

Landlords may communicate requests to vacate, 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 your belongings without a court order and a Sheriff present.
If a landlord attempts to physically evict you without a court order, you can 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 your lease expires, if you are not offered (or choose not to sign) a one- or two-year lease, your landlord can offer to lease month-to-month or can give you a notice to vacate. Sixty days notice is required for notice to vacate, which can be at lease expiration or later. If you haven’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.  

If you receive a notice from your landlord to terminate your lease or vacate the property or if you receive a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or call  one of the  Support Organizations for assistance. Be sure to go to Court on the assigned date.

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. For example, the tenant can rehome the dog and the breach is remedied.
If it is a minor breach, the judge can decide whether it warrants eviction.

If you receive a breach of lease notice from your landlord or a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or, call one of the Support Organizations for assistance. Be sure to go to Court on the assigned date.  

Failure to Pay Rent

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

Tenants can review the federal eviction protection (CDC) and if they are eligible, give their landlord a signed declaration.
And/or, tenants can prepare to assert a defense against eviction using the state eviction protection (Governor’s Order), by collecting the COVID-related loss of income documents now, to present in court.

The state and/or federal eviction protections can delay eviction and provide more time for landlords and tenants to work out a payment plan. 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.

If you receive a summons to appear in court, call Maryland Legal Aid at 240-314-0373. Or, call on of the Support Organizations for assistance. Be sure to go to Court on the assigned date.

If you have received a decision for eviction from the court, you still have some options:

• Call 311 (240-777-0311) and ask for Housing Stabilization Services .
• If you haven’t applied for rental assistance, apply at www.mc311.com/rentrelief. Include a copy or photo of your court summons or judgment (or red-and-white notice) and answer “yes” to the question asking if you have a current hearing notice from the District Court, a Court Judgement or a notice from the Sheriff's office for eviction.
• If you already applied for rental assistance, send an update about court status to get priority. Send email to: HSS@montgomerycountymd.gov with your rent application case number and a copy or photo of your court summons or judgment (or red-and-white notice on your door).If you applied for COVID Rent Relief assistance, send email to hss@montgomerycountymd.gov with your rent application case number and a copy of the eviction decision or notice. The rent relief application will quality for priority on the basis of facing eviction.
• If you are able to pay the amount owed you can give that payment to your landlord and they must accept it and cancel the eviction process if rent is brought current. 
• Remember that you cannot be forced to leave your apartment without a court order and the presence of the Sheriff. If you have questions about a notice from your landlord, call 311 (240-777-0311), Office of Landlord-Tenant Affairs.

• See resources for information on financial assistance, food resources, health and utilities

• Visit WorkSource Montgomery or call 301-929-6880 for job search supports.

The COVID-19 Renter Relief Act of 2020 prohibits landlords from notifying tenants of a rent increase greater than the Voluntary Rent Guideline (VRG) during the catastrophic health emergency and for 90 days after the expiration of the emergency. Governor Hogan ended the catastrophic health emergency on August 16, 2021. So, until November 15, 2021, notices of rent increase cannot exceed 1.4%.

Under requirements of County law, the Voluntary Rent Guideline is updated annually. Starting February 5, 2021, the VRG for Montgomery County is set at 1.4%.

This means that a notice of rent increase (month-to-month, one-year, two-year or another length) provided between now and 90 days after the expiration of the catastrophic health emergency cannot include an annual rent increase of greater than 1.4%.

Each written rent increase notice from a landlord must 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., 1.4%); and, 

4. A notice that the tenant may ask the Department to review any rent increases that the tenant considers excessive. 

As always, any rent increase (month-to-month, one-year, two-year or another length) cannot occur until at least 90 days after the landlord gives the tenant written notice of the increase. Landlords can increase your rent only once every 12 months.

Such limits on rent increase notices apply to all licensed residential rentals in Montgomery County, including rental units in multifamily buildings, houses, townhouses, individual condominium units, and accessory dwelling units.  

• If you select a 2-year lease, your rent for the second year also cannot increase by more than the Voluntary Rent Guideline in effect at the time of the notice, if that notice of rent increase was communicated to you during the emergency or within 90 days after the emergency ends.

• A 2-year lease must state the rent amount for the full term of the lease; it cannot leave the second year rent amount unstated.

If a rent increase notice of more than 1.4% was provided to a tenant on or after February 5, 2021 and prior to November 15, 2021, the tenant should contact the landlord to work out a correction. The DHCA Office of Landlord and Tenant Affairs can help with explanations and working through any adjustments. Call 311 (240-777-0311).  

For more information, see the Summary of COVID-19 Renter Relief Act  or  Explanatory Scenarios Regarding the COVID-19 Renter Relief Act .

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.

The County offers  COVID-19 health, safety and tenant posters for apartment buildings, including multilingual flyers on “Stop the Spread of Germs,” and “Social Distancing.”

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 have resumed interior inspections.
• Contact DHCA online or call 311 (or 240-777-0311) to submit a complaint or to request services.
• Staff from DHCA Housing Code Enforcement will respond by phone or e-mail to every service request to assess the situation, consider ways to address it and explain the timing of any further actions. 

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

• calling 311 (240-777-0311)

• submitting an online request, or

• emailing olta.intake@montgomerycountymd.gov.

The County Office of Landlord-Tenant Affairs (OLTA) enforces County landlord-tenant laws, state security deposit law; questions about leases and, rights and obligations of tenants and landlords. To reach OLTA, call 311 (240-777-0311) and ask to speak with someone. 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.
When you speak with a Landlord-Tenant investigator, they will provide as much support over the phone as possible. If a complaint form is needed to solve the issue, we will provide you the form and pursue the complaint process.

You are free to contact the Department of Health and Human Services or your landlord/property manager to ask for help.
If you have COVID-19 health- and testing-related concerns and questions, contact the Montgomery County Disease Control Call Center at 240-777-1755. The Call Center is open Monday through Sunday, 8 AM to 8 PM.

Protected health information

Patient health information includes information related to COVID-19 test results, isolation, monitoring or quarantine status.
Under the Health Insurance Portability and Accountability Act (HIPAA) and Maryland confidentiality laws

• You are not obligated to share protected health information related to COVID-19 with your landlord or other residents.

• Landlords/Property Managers should not report residents' or staff's protected health information to the Department of Health and Human Services.

• Landlords/Property Managers must not share with other residents any health-related information about individual tenants, whether the information identifies the tenant or not. 

Renters cannot be evicted for testing positive

Renters, including those who rent a room or a basement in someone’s house, cannot be kicked out for testing positive for COVID-19. If a landlord attempts to physically evict you during this moratorium, call the Police non-emergency number (301-279-8000).

• You may shelter in place if it allows you to stay away from the other members of the household.

• If you have no place to stay, contact the County Health and Human Services Crisis Center at 240-777-4000.