Tenant Rights and Responsibilities

 

 

The Landlord-Tenant relationship is governed by certain state and county laws. In the Landlord-Tenant relationship, each party has rights and responsibilities that arise from the law and the lease agreement. Below are the tenant’s rights.

Tenants have the right to

  • Review the proposed lease at any location of their choosing, prior to signing the lease;
  • Receive a copy of the current Landlord-Tenant Handbook at move-in unless the tenant declines a copy and accepts referral to a copy on the County website;
  • A written explanation of the formula and calculation of the allocation of the cost for gas and electric billing in properties built prior to 1978 along with all information required under the Public Utilities Article of the Maryland Code and applicable COMAR provisions;
  • A written explanation regarding the allocation of water if the property is not sub-metered
  • Have window guards installed in your apartment on all openable windows if you have a child under 11 years old OR on request;
  • Receive and sign a Window Guard Lease Addendum at lease signing, lease renewal or with a notice of rent increase;
  • Receive at least 90 days’ notice of any proposed rent increase or 60 days’ notice of landlord’s decision not to renew the lease;
  • Sublet only with written permission from the landlord if doing so is not specifically prohibited by the rules of home-owner’s association, in dwellings where they exist;
  • Receive at least 24 hours’ notice prior to a landlord, agent, or contractor entering the premises, except in cases of emergency;
  • Receive 72 hours’ notice prior to annual, biennial, or triennial inspections by County Housing Code Enforcement;
  • Make repairs with prior written permission from the DHCA Director or his designee and deduct the cost from the rent (up to one month’s rent) if the landlord fails to make required repairs as ordered by DHCA Housing Code Enforcement within the required time frame;
  • Give 30 days’ notice to vacate if, after 30 days’ notice from Housing Code Enforcement, repairs have not been completed;
  • Form, join, meet, or assist one another within or without tenant organizations, to meet and confer with the landlord through representatives of their own choosing;
  • Have access to meeting rooms and other areas suitable for meetings within the property during reasonable hours, and notice to the landlord, to hold tenant organization meetings;
  • Have the first tenant organization meeting of each month free of any room reservation fees; any subsequent meetings are subject to the regular fee charged for reserving this area by the property;
  • Distribute freely and post in central locations of the property, literature concerning Landlord-Tenant issues, if the origin of the literature is properly identified;
  • Call the Office of Landlord-Tenant Affairs (240-777-0311) should you have any questions regarding your rights and responsibilities under Landlord-Tenant law;
  • File complaints with the Office of Landlord-Tenant Affairs (240-777-0311) individually or as a group; and
  • Call 240-777-0311 to file Housing Code Enforcement complaints, which can be made anonymously.
     

Tenants are responsible for

  • Paying rent on time each month.
  • Obtaining prior written approval from the landlord before keeping any pets on the premises.
  • Maintaining the property in a clean, safe and sanitary condition.
  • Using the property for orderly and lawful purposes by the tenant, authorized occupants and guests.
  • Reporting any problems requiring repair or replacement to the landlord in writing, in a timely manner, and paying any costs incurred due to abuse or negligence by the tenants, guests or other authorized occupants.
  • If renting in a common ownership community, complying with all rules, regulations and notices of the common ownership community. The landlord must furnish a copy of these rules at move-in.
  • Obtaining the landlord’s prior written approval before subletting the property.
  • Requesting to be present during a move-in or move-out inspection. and
  • Removing all personal property at move-out, leaving the property in broom-clean condition, except for ordinary wear and tear, and returning all keys.
     

DHCA offers the following services

  • Investigate and resolve formal complaints from tenants and landlords.
  • Mediate disputes between landlords and tenants.
  • When a resolution is not forthcoming, refer the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication.
  • Approve rental housing licenses.
  • Inspect rental properties to ensure compliance with all applicable housing codes.
  • Answer questions from the public regarding Landlord-Tenant issues, Licensing and Registration, Housing Code Enforcement, Affordable Housing and any other housing issues.
  • Refer tenants to available Emergency services as necessary.
  • Maintain a website that provides public access to numerous printed and downloadable publications.
     

For more information, call 311 or (240) 777-0311, email us at OLTA.Intake@MontgomeryCountyMD.gov, or use the links below: