Last Page Edit 12/17/07

 


Researching Landlord-Tenant Law in Maryland

 

Introduction

 

Landlord-tenant relations are governed mainly by state statutes and case law. However, depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both.

 

Maryland Statutes

 

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by Lexis-Nexis. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

 

Citations to selected Maryland landloard-tenant law statutes (available online from Lexis-Nexis; click the "+" next to Maryland Code to see a list of titles):

  • Md. Code Real Property Article, Title 8: Landlord and Tenant
  • Md. Code Art. 44A: Housing Authorities (low and moderate income housing)

For more information on researching Maryland statutes, see Finding Statutes and Searching for Maryland Statutes When You Don't Have a Citation.

 

Federal Statutes

 

The official source of the federal statutes is the United States Code. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. Because there is no up-to-date free version of the United States Code on the web, we will not link to it here. However, below are some important federal statutes that you might want to look up in print:

For more information on researching federal statutes, see Finding Statutes and Searching the United States Code When You Don't Have a Citation.

 

Federal Regulations

 

The U.S. Department of Housing and Urban Development investigates complaints against landlords in federal housing, and complaints of discrimination in private housing rentals. The Department's regulations are published officially in Title 24 of CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (SAILOR). The Department's Fair Housing regulations are also available electronically on the GPO Access home page.

 

For more information on researching federal administrative regulations, see Finding Regulations and Finding Federal Regulations When You Don't Have a CFR Citation.

Forms

  • Maryland Real Estate Forms / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr. Baltimore, Md.: Rykim International Pub. Co., 1983- (looseleaf for updating).
  • Residential Real Estate Transactions / Young Lawyers' Section, Bar Assn. of Baltimore City; Searle E. Mitnick, Ann Clary Gordon, editors. 3rd ed. Baltimore, Md.: Maryland Institute for Continuing Professional Education of Lawyers, 1995- (looseleaf for updating).
  • HUD Complaint Forms. For housing discrimination, bad landlords in federal housing, etc.

Resources for Additional Help

 

The resources below may help you to understand landlord-tenant law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.
  • Guide to Local, State and Federal Laws Governing Tenant-Landlord Relations : Including Laws Prohibiting Discrimination in Housing. Baltimore, Md. : Baltimore Neighborhoods, 2003.
  • Every Landlord's Legal Guide / Janet Portman, Marcia Stewart & Ralph Warner. 6th ed. Berkeley, CA: Nolo, 2003.
  • Every Tenant's Legal Guide / Janet Portman & Marcia Stewart. 3rd ed. Berkeley, CA: Nolo, 2002.
  • Renters' Rights: The Basics / Janet Portman & Marcia Stewart. 3rd ed. Berkeley, CA: Nolo, 2002.
  • Maryland Landlord-Tenant Law, Practice, and Procedure / by Douglas M. Bregman and Gary G. Everngam. 2nd ed. Charlottesville, Va.: Michie Co., 1994.

Cases

There are several ways to begin research into landlord-tenant case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law. The Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

For more information on researching Maryland case law, see Finding Maryland Case Law, Finding Federal Case Law, and Finding Case Law by Subject.

Source: This section developed by Sara Kelley, Librarian, Georgetown University Law Library,

in partnership with the Maryland Legal Assistance Network.

Last Review Date 10/04 (MLAN/AC)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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