Working For Justice In Housing

POINTS TO CONSIDER IN THE TENANT/LANDLORD RELATIONSHIP IN MARYLAND 

The following general information is provided by Baltimore Neighborhoods, Inc.  You may call BNI for additional information or for help if an issue should arise during the term of your tenancy. 

EXAMINE THE PROPERTY

Carefully examine the room or apartment you are interested in renting and the property in general.  If it is not now in good condition it is not likely to be in the future.  Be wary of promises that a place in poor condition will be put in good condition by the time you are to occupy the place. 

VERBAL PROMISES

If verbal promises are made, ask that these promises be put in a memorandum of understanding so that there is no misunderstanding in the future.  If a landlord refuses to do this, then the verbal promises  may be meaningless. 

WHAT DO OTHER TENANTS SAY?

If possible, check with other tenants in the building before you give the landlord a deposit.  Ask questions.  How does the landlord respond to maintenance requests?  Is the building reasonably soundproof?  Are rent increases reasonable? 

GET RECEIPTS

Never give cash or a money order without receiving a signed receipt.  If you can’t read the signature, ask the landlord to print his/her name below the signature. 

DEPOSITS

Don’t give the landlord a deposit for the first month’s rent unless you are sure you want the place.  If you change your mind and the landlord loses rent he may be able to hold you responsible for it.  Give careful thought to dealing with a landlord who demands a deposit before allowing you to see the premises.  Reconsider renting a place you have not seen. 

WRITTEN LEASE

Be sure to read a written lease carefully and be sure you understand it before you sign it.  Be aware of the significance of an automatic renewal clause which is in many leases. If a written lease is not used, you should take notes about the time and place of rent payments and your rights and responsibilities and the landlord’s rights and responsibilities. 

UTILITY PAYMENTS

It may be a risky situation to agree to have the utilities for a house in your name with you having responsibility of collecting money from other tenants for their share of the bill.  A landlord is in a much better situation to collect utility payments. 

REPAIRS NEEDED

A landlord should present a tenant with a clean and decent place to live which should be in compliance with the local housing code.  If a landlord refuses to make repairs, the tenant should call the agency responsible for enforcing the code.  Your local county government can give you the number you need.  If the lack of needed repairs could endanger the tenant, he/she can go to District Court to put the rent in escrow.  

TENANT RESPONSIBILITIES

The tenant should pay the rent on time and treat the landlord’s property with care.  Unless there is a stated grace period, the landlord can file suit in rent court against the tenant if the tenant is one day late in paying the rent (late charges are limited to 5% of monthly rent; $3.00 for weekly rent).  In Prince Georges County, a late fee cannot be accessed until after the rent is five days late and then can only be accessed at 1% a day up to a total of 5%.  In all counties, the landlord can hold the tenant responsible for any damages caused to the property by the tenant. 

BROKEN LEASE

If a tenant breaks a lease, the landlord can hold the tenant responsible for any reasonable loss incurred by the landlord such as, cost of re-advertising the property, damage to the property, and loss of rent.  This is true whether the tenant leaves of his/her own accord or is asked to leave by the landlord/court because the tenant is in breach of lease.   

HOW THE COURT HELPS A LANDLORD

A landlord may not take the law into his/her own hands but must go through the court system for past due rent, alleged breach of lease, or when a tenant stays in the property after the lease is over, etc. 

SECURITY DEPOSITS

The security deposit required cannot be more than two month’s rent.  For deposits of $50 or more, interest is to be paid at the end of the tenancy at the rate of 2% for every six month period that the landlord has the deposit.  The landlord can deduct for lost rent, physical damage to the property beyond ordinary wear and tear, and breach of lease. 

Legally Reviewed - BNI. Last Update - March 2001