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Frequently Asked Questions (FAQs) for Landlords and Tenants |
For more information, call Landlord-Tenant Affairs, via MC311: Call 311 or (240) 777-0311 or read the Landlord-Tenant Handbook . You can also access the Knowledge Based Articles (KBAs) used by the MC311 customer service representatives, which are highlighted below.
- What is the interest rate on a security deposit?
- When does the security deposit have to be returned?
- Does the landlord have to notify the tenant if they are going to keep any of the security deposit?
- How much notice must the landlord give prior to a rent increase?
- How often can the landlord raise the rent?
- How many days can the rent be late before the landlord can impose a late penalty?
- How much is the late penalty?
- Can the landlord file for Failure to Pay Rent if the rent is one day late?
- What can the landlord do if a tenant does not pay rent?
- Can the landlord ask the Court to award rent that becomes due after the Failure to Pay Rent action is filed?
- I received a notice that I am going to be evicted. Where can I call to find out when the eviction will take place?
- How much notice of their intention to vacate must a tenant give the landlord?
- How much notice must a landlord give a tenant to vacate?
- How much can a landlord increase the rent?
- Can the tenant use the security deposit as the last month’s rent?
- How many single people may occupy one rental property?
- If the landlord will not make repairs, what can a tenant do?
- Is the landlord required to tell a tenant if there is lead-based paint at the property?
- Can I file a complaint with Landlord-Tenant Affairs if I am renting a room?
What is the interest rate on a security deposit?
Effective January 1, 2015, the interest due on security deposits is the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5%, whichever is greater.
When does the security deposit have to be returned?
Within 45 days after the end of the tenancy.
Does the landlord have to notify the tenant if they are going to keep any of the security deposit?
Yes, the tenant must be sent an itemized list of charges claimed against the deposit together with a statement of the costs actually incurred by the landlord, to the tenant’s last known address, within 45 days after the termination of tenancy.
- MC311 KBA: Time to Return Security Deposit
- MC311 KBA: Notification to Tenant for Retention of Security Deposit by Landlord
How much notice must the landlord give prior to a rent increase?
The landlord must give at least 90 days’ notice prior to any rent increase and must offer a 2-year renewal OR give the tenant a written reason why it is not being offered.
How often can the landlord raise the rent?
The rent may be increased only once every twelve-months.
How many days can the rent be late before the landlord can impose a late penalty?
The rent must be more than 10 days late.
How much is the late penalty?
The penalty cannot exceed 5% of the monthly rent.
Can the landlord file for Failure to Pay Rent if the rent is one day late?
Yes.
What can the landlord do if a tenant does not pay rent?
The landlord may file a Failure to Pay Rent action in the District Court.
Can the landlord ask the Court to award rent that becomes due after the Failure to Pay Rent action is filed?
Yes, if the Court hearing is not held on or before the fifth business day after the landlord files the complaint, the landlord may ask the Court to award a judgment for all rent that is due and owing up to the date of the hearing, including late fees and any court awarded costs.
I received a notice that I am going to be evicted. Where can I call to find out when the eviction will take place?
If you call the Sheriff’s Department at 240-777-7130, the Sheriff will confirm whether an eviction is scheduled for your address but will not provide the date or time. Evictions are generally scheduled at 10:30 a.m. or 1:00 p.m. Monday - Friday however; these are only general guidelines; evictions can take place at any time.
How much notice of their intention to vacate must a tenant give the landlord?
The tenant must give written notice, as required by the lease, generally one month for single-family units and two months for multi-family units. Consult the lease for a definitive answer.
How much notice must a landlord give a tenant to vacate?
The landlord must give written notice, at least two months for single-family and multi-family units, if there is no breach of lease. (See Section VII, Terminating the Lease, Landlord-Tenant Handbook).
How much can a landlord increase the rent?
Under requirements of County law, the Voluntary Rent Guideline (VRG) is updated annually to represent the prior year increase in the rental component of the Consumer Price Index for the Washington Metropolitan Area. Based on that, the VRG for Montgomery County is set at 1.4%, starting February 5, 2021. This guideline MUST be given with every notice of rent increase (See Section VI, Notices, Landlord-Tenant Handbook).
The COVID-19 Renter Relief Act of 2020 prohibits landlords from notifying tenants of a rent increase greater than the VRG during the COVID-19 emergency and for 90 days after the emergency ends.
This means that, beginning February 5 and continuing for 90 days after the COVID-19 emergency ends, landlords must not notify tenants of a rent increase greater than 1.4%.
For more information, call the Office of Landlord-Tenant Affairs at 240-777-0311.
Can the tenant use the security deposit as the last month’s rent?
No. The security deposit is protection for the landlord against damage to the property caused by tenants, non-payment of rent and damages incurred due to breach of lease.
How many single people may occupy one rental property?
You may have up to five single, unrelated people living together as a housekeeping unit, sharing one kitchen, if the landlord does not live on the property and up to four unrelated people living together as a housekeeping unit, sharing one kitchen, if the landlord does live there, provided sufficient square footage is available in both instances.
If the landlord will not make repairs, what can a tenant do?
Call Housing Code Enforcement at 240-777-0311. An Inspector will go to the property and put the landlord on notice if he/she finds violations of the Housing Code. The Code Inspector will follow-up with enforcement action in the form of Civil Citations and court action if necessary, if the landlord fails to make required repairs.
Is the landlord required to tell a tenant if there is lead-based paint at the property?
Yes. Landlords must disclose known information on lead-based paint hazards before leases take effect. Per Federal law, this applies to all houses built before 1978. This information must be reported to all tenants. In addition, effective January 1, 2015, all houses built before 1978 must register with the Maryland Department of the Environment (MDE) and comply with Maryland’s Lead Poisoning Prevention Program. Landlords will not be licensed if they do not comply with this regulation (See Section II, Licensing, Landlord-Tenant Handbook). For further information on these requirements, call MDE at 1-800-633- 6101X4199 or 410-537-4199 (within Maryland).
Can I file a complaint with Landlord-Tenant Affairs if I am renting a room?
No, because room rentals are not covered by Chapter 29 of the County Code. However, Landlord-Tenant staff are available to answer any questions you may have regarding your rights as a tenant in a room rental situation.
View all DHCA Knowledge Base Articles in MC311
For Frequently Asked Questions regarding Housing Code Enforcement, please see the Housing Code Enforcement Handbook.
For Frequently Asked Questions regarding Licensing and Registration, please see the Landlord-Tenant Handbook