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Special Landlord-Tenant Laws and Rules for Baltimore County
Tips from the Experts
Rent Escrow in Baltimore County The following laws and rules apply only to residents and property in Baltimore County. Remember that the rules not covered here are covered by other Maryland law. The following material also has links to the appropriate sections of Maryland Law when applicable. Make sure you explore all the possible areas of the law regarding your legal problem. LANDLORD MAY NOT CUT OFF ESSENTIAL SERVICES (Baltimore County Code, Title 5 -Livability Code, Section 35-3-101) RENT ESCROW (Baltimore County Code, Title 4 - Rent Escrow Law, Sections 35-4-101 thru 352-202) ACKNOWLEDGMENT TO TENANT OF HOUSING WITHIN FLOODPLAIN (Baltimore County Code, Title 3 - Housing in General, Section 35-3-302)
HOUSING DISCRIMINATION (Baltimore County Code, Title 2 - Prohibited Practices, Section 29-2-101)
BLOCK BUSTING AND SOLICITING REAL ESTATE FOR LEASE OR SALE (Baltimore County Code, Title 3 - Housing in General, Section 35-3-201) RODENT AND VERMIN CONTROL (Baltimore County Code, Title 7 - Nuisances, Section 13-7-301) LIVABILITY CODE (Baltimore County Code, Title 5 - Livablity Code, Section 35-5-101)
EVICTION: PLACEMENT OF TENANT’S POSSESSIONS, INCLUDING A MOBILE HOME (Baltimore County Code, Title 3 - Housing in General, Section 35-3-103) A landlord may not reduce or withhold essential services such as means of ingress or egress, gas, electricity, water, heat, light, furniture, furnishings, or similar services to which tenant may be entitled under the express or implied terms of the tenancy. Baltimore County Code online. A violation of this law is a misdemeanor punishable by a fine of not less than $1.00 nor more than $100.00. NOTE: If a landlord has committed any of the acts prohibited by this law, the tenant may call BNI (410) 243-6007, 9 a.m. to 4:30 p.m., Monday thru Friday or the police. If the landlord does not restore the service, tenant can ask the police to make a report. A copy of the report is given to tenant, who can then take it to a court commissioner to have the landlord charged with a criminal violation of the Code. The following county court houses are open 24 hours a day, 7 days a week:
Tenant should follow the instructions printed on the police report. If the court commissioner finds probable cause to believe that a crime has been committed, he will issue a statement of charges against landlord and set a trial date, usually within 2 weeks of the date of tenant’s complaint. Even if landlord restores the service prior to the trial date, the trial will take place.
If the landlord is attempting to evict the tenant, certain procedures should be followed. BNI provides a helpful brochure that outlines procedures for landlords and tenants regarding evictions in Baltimore City (2007). RENT ESCROW (Baltimore County Code, Title 4 - Rent Escrow Section 35-4-101)
Click here for Rent Escrow information provided by BNI, Inc. Where there are certain serious defects in a dwelling and the landlord has failed to correct them within a reasonable time, this law permits the tenant to pay the rent into court so that funds may accumulate and be used to pay for needed repairs. The tenant may use this procedure affirmatively by bringing suit, or he may use it defensively after withholding rent from the landlord and being sued for non-payment. Following is a summary: The defects covered by this law are those which “constitute or if not promptly corrected will constitute a fire hazard or serious threat to the life, health, or safety of the occupants”, including:
Any of the conditions listed above may be used by tenant as a defense to an action of distress for rent or an action brought by landlord to recover rent or possession of the premises for non-payment of rent; or tenant on his own initiative may file a declaration in the District Court, claiming the presence of a hazardous defect as defined above and asking relief. Tenant’s assertion, whether it is the basis of an action brought by tenant or is the defense to an action brought by landlord, is dependent upon the following:
Tenant has not had more than 3 judgments for rent due and unpaid entered against him during the 12 months preceding the beginning of the legal action. If tenant has lived on the premises for 6 months or less and has received 2 or more judgments for rent due and unpaid, tenant is not entitled to the protection of this rent escrow law.
At the conclusion of the hearing, the court shall make findings of fact and shall make any order that the justice of the case requires. Such an order may include one or more of the following:
Whenever an escrow account is established by the court and the condition is not fully remedied within 6 months and the landlord has not made a reasonable effort to remedy the condition, the court may order all money accumulated in the account to be paid to the tenant. The escrow will then continue, beginning a new 6-month period with the same conditions as before. The initial hearing must be held within 15 calendar days after notice of the hearing is mailed (see 9. below), except that the court may order an earlier hearing where emergency conditions are alleged, such as failure of heat in winter, lack of adequate sewage facilities, of any other condition which constitutes an immediate threat to the life, health or safety of the inhabitants of the premises. The court, on its own motion or on motion of either party, may hold additional hearings to determine the rights and obligations of the parties. Distribution of escrow money can take place only by order of the court after a hearing where both parties were given reasonable notice, or upon motion of both parties, or upon certification by an appropriate agency that the work required to be done has been satisfactorily completed. Whenever a hearing is required in the course of determination of the case, the court shall notify by certified mail (return receipt) all persons required to be notified, stating the date, time, and purpose of the hearing. Refusal or unreasonable delay by a party in accepting the notice will not prevent any remedy to which the other party is entitled. For 6 months following a determination of the merits of the case, the tenant is protected from eviction, rent increase, or a decrease in any service which the landlord is required by law to provide - unless the court finds that the tenant did not make his declaration or defense “in good faith”, or that the rent has been increased or tenant evicted “for good cause”. After the 6-month period, the burden is on the tenant to prove his own good faith or the landlord’s lack of good cause. “Good cause” for the landlord to evict or raise the rent must include one of the following:
The 6-month protection (see 10. above) applies to a tenant who in good faith reports a potential code violation to a state or county agency, except that after the 6-month period the landlord is free to increase the rent. In addition, this portion of the law shall not affect tenant’s or landlord’s right to terminate or not renew a written lease for one year or longer in accordance with the provisions of the lease; but the terms of the lease may not be used to defeat the intent and provisions of this law. If a landlord intends in good faith to raze or board up the premises and intends to obtain a permit to do so, he may gain possession after giving tenant 60 days’ notice. Any provision of a lease or other agreement purporting to waive any provision of this law benefiting a tenant, resident, or occupant of a dwelling, is against public policy and void. This law applies also to residential property leased by a state or county agency. There is a rebuttable presumption that the following conditions, as long as they do not present a serious and substantial threat to the life, health, and safety of the occupants, are not covered by this law:
Concerning defects in utilities, this rent escrow law applies only to those utilities which the tenant was entitled to receive when the lease began, or which the tenant did receive before he or the landlord instituted court action
Flood Plain Areas: NOTICE TO TENANT OF MULTI-FAMILY DWELLINGS (Baltimore County Code, Title 3 - Housing in General, Section 35-3-302) When any part of a multi-family rental facility, including the parking lot, is within the 100-year flood plain on a Flood Hazard Area Map of the Federal Insurance Administration or on the Flood Plain Map of the U.S. Army Corps of Engineers, or is so designated on other available flood plain data, a specific acknowledgment must be contained in the lease entered into with any tenant who would occupy a building within a Flood Hazard Area, or who would use a parking area or storage facility, any part of which is within a Flood Hazard Area. The required acknowledgment is as follows: In the event of heavy rainfall, the unit you are to occupy of the motor vehicle parking area or the separate storage facility (as the case may be) is situated within a Flood Hazard Area and may be subject to flooding which may damage personal belongings and motor vehicles. Because of this possible loss, you may be eligible for U.S. Government subsidized flood insurance on the personal belongings in your unit. In any event, because of this danger of loss of your personal belongings due to flooding, you may wish to consider acquiring flood insurance which may be purchased from some insurance agents. Damage to motor vehicles may not be covered by such insurance; therefore, you may wish to also determine whether or not you have sufficient motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in the area. I acknowledge reading and understanding the foregoing warning concerning flooding and the availability of flood insurance and hereby assume the risk of loss which may result from such flooding. Tenant Signature___________________________ This acknowledgment may be an attachment to the lease. However, if it is included in the lease form, it must be distinctly set apart from the other lease provisions and space must be provided for tenant’s signature or witnessed mark relating specifically to the acknowledgment. Any lease which is subject to this law and which does not comply with these requirements will be unenforceable by the landlord. Anyone violating this law is guilty of a misdemeanor and upon conviction is subject to a fine of up to $1,000 of imprisonment of up to 30 days, or both.
OWNER RESPONSIBLE FOR MAINTENANCE OF INVESTMENT PROPERTY ( Baltimore County Code, Title 2 - Buildings, Section 35-2-404) “Investment property” means (1) residential property from which the owner receives rental income, (2) any structure which has not been inhabited for 6 months or longer, or (3) any structure having a commercial or industrial zoning classification or use. “Owner” means a person, firm, corporation, receiver, judicial officer, personal representative, or trustee, who alone or with others has legal title to a structure. “Deterioration” means a condition which currently fails to meet minimum durability test standards set by the Baltimore County building Code, or would fail to meet those standards if left unprotected and exposed to wind, rain, snow, ice, or other elements. The County Building engineer, after inspecting the property, has a responsibility to require the owner of investment property to replace or repair any of the following which are missing or deteriorated:
The owner is also responsible for removal of trash or other debris. The Building Engineer may enter property in order to make the inspection referred to above. If property has been uninhabited for 2 years or more, the Building Engineer may enter to inspect for any hazardous or unsafe condition after giving notice to the owner. If the owner prevents or hinders the inspection, the county may petition the court for right of entry. An owner’s failure to respond to a notice to inspect is considered a denial of entry. If an owner fails to make the repairs required by the Building Engineer, the County may have the necessary work done. The costs will be billed to the owner and until they are paid will be a lien on the property, collected in the same way as taxes are collected. Before the County has the work done, the owner will be given notice and an opportunity for a hearing before the Director of Permits and Licenses or his designee. Trash containers on property adjacent to residential property On any investment property next to residential property, trash receptacles with a capacity of more that 40 gallons must be kept in the rear yard or must be screened, by natural or artificial means, from public view. The owner of the investment property is responsible for compliance. An owner who violates a provision of this law is guilty of a misdemeanor and on conviction is subject to a fine of not more that $500 for each offense. Each day that a violation continues is a separate offense. HOUSING
DISCRIMINATION (Baltimore County Code,
title 2 Prohibited Practices, Section 29-2-101) “Housing discrimination” is defined as “acting or failing to act or unduly delaying any action regarding any person because of race, creed, religion, color, sex, age, national origin, marital status, or physical or mental handicap, in such a way that such person is adversely affected in the areas of housing...” “Housing” includes mobile homes and any land which is offered for sale or rent for the construction or location of housing. “Lending institution” means a bank, insurance company, savings and loan association, or other person of organization regularly engaged in the business of lending money or guaranteeing loans in Baltimore County. Following are the specific prohibitions: No person (or persons’ agent or employee) having the right to sell, lease, control, construct, or manage a dwelling, may discriminate in doing any of the following:
Multiple listing, brokers’ organization It is unlawful to discriminate in denying or limiting another person’s access, membership, or participation in a multiple listing service, real estate brokers’ organization, or other service or organization related to selling or renting dwellings. Property values, change in neighborhood Whether or not acting for financial gain, it is unlawful to represent that nearby property is or may be owned or occupied by a person of a particular race, creed, religion, physical or mental handicap, color, sex, national origin, age, or marital status, and that any of the following will or may result:
It is unlawful to use any of the above representations to knowingly induce or try to induce another person to transfer an interest in real property. It is unlawful to do the following for any discriminatory reason:
Discriminatory restrictive covenants are null and void and are contrary to the public policy of Baltimore County. Anyone may refuse to accept a document affecting title to property if the document includes a discriminatory restrictive covenant. The refusal is not to be considered a breach of contract to buy, lease, mortgage, etc. (1) This law prohibiting housing discrimination does not apply to:
(2) The prohibition against discrimination based on age does not apply to a medical, health, or educational institution established for a specific age group; to a domiciliary, retirement, or senior citizens’ home or facility; or to a preschool children’s home or facility. It is unlawful for a lending institution to discriminate in denying a loan or in setting any of the terms or conditions of a loan for the purchase, construction, improvement, repair, or maintenance of a dwelling. (This law includes provisions governing the deposit of public funds in a lending institution that has engaged in a discriminatory practice.) The Human Rights Commission of the county has the responsibility of enforcing this law (which also prohibits discrimination in employment, education, public accommodation, and “any other field where intergroup relations are in question” (section 19-39) ). The Commission consists of 15 members appointed by the county executive: 1 member from each councilmanic district recommended by the county council person from that district, and 8 members appointed at large and reflecting “the ethnic and minority diversity of the county” (section 19-33). The Commission must hold at least 9 public meetings each year. Legal representation for the Commission is provided by the county office of law. The executive director for the Commission is appointed by the county executive, who may also authorize the appointment of additional personnel. The Commission is authorized to investigate complaints of discrimination, conduct studies, surveys, and public hearings, and make recommendations to the county executive and the county council. A complaint of an alleged violation of this must be filed by the aggrieved person within 6 months after the act occurred or was discovered by the complainant. The complaint must be in writing, under oath, on a form provided by the Commission. The executive director of the Commission will investigate the complaint and, if the facts warrant, will seek a remedy through conference and conciliation. If the conciliation procedure does not result in an agreed-upon solution, the Commission will hold a public hearing and may order any of the following:
Decisions and orders of the Commission may be appealed. The Commission may seek court enforcement of a decision or order. If the Commission finds that the complaint was filed in bad faith and without substantial justification, the complainant may be assessed the expenses incurred by the Commission. Any information that would reveal the identity of the complainant or the respondent is kept confidential until the complaint reaches the administrative hearing stage. BLOCK BUSTING AND SOLICITING REAL ESTATE FOR LEASE OR SALE (Baltimore County Code, Title 3 - Housing in General, Section 35-3-201) “Canvassing” includes soliciting door-to-door, soliciting by the use of circulars, visits, or any other means where the canvasser or his employer has not been invited or requested by the owner to obtain a listing of the property or to confer about a real estate transaction. “Owner” includes the lessee ( tenant), sublessee, managing agent, or other person having the right to occupy, sell, rent, or lease any real property. It is unlawful to solicit the purchase , sale, or lease of residential property by any kind of canvassing, such as: door-to-door solicitation in person or by telephone, or distribution of circulars, cards, advertisements, etc. The following are not considered soliciting by canvassing: advertisement by radio, television or in bona fide newspapers of general circulation in the area; literature distributed by U.S. mail; legitimate personal referrals; contacts resulting from the owner having personally advertised the property for sale; collecting market data or information for appraisals A violation of this law is a misdemeanor. Each instance of violation constitutes a separate offense. A real estate broker or salesman convicted of a violation shall also be referred to the Maryland Real Estate Commission for disciplinary action. Fire Alarms (Baltimore County Code, Title 2 - Fire Prevention Code, Rules, and Regulations, Section 14-2-201) The owner of any building containing 1, 2, or 3 residential rental units must install at least one direct-wired, electronically operated smoke detector in each unit. In buildings constructed before 1976, the owner must also provide battery powered back-up systems. Installation of the detectors must comply with the County Building Code requirements for installation in new 1 and 2 family dwellings. Every third year the owner of every rental dwelling unit must submit to the County Department of Permits and Licenses a written verification by a licensed electrician or the County Fire Department that the required smoke detectors are properly installed and operating. The owner of the dwelling unit is held responsible for maintenance, repair, and replacement of a smoke detector if the owner received written notice by certified mail from the occupant that the smoke detector is not in operating condition. Neither the owner nor the occupant may remove a smoke detector or make it inoperative. The County Department of Permits and Licenses may issue a violation notice to anyone violating this section. Failure to comply with the notice within the time specified will subject the violator to the following civil penalties: $250 for the first violation, $500 for the second violation, and $1,000 for any further violation. Between October 15 and April 15, inclusive, of each year, the owner of every building containing one, two, or three rental dwelling units must comply with the following: Where the heat is not under the control of the tenant and the outdoor temperature is 10 degrees F. or above, the owner must maintain a temperature of at least 65 degrees F. In all habitable rooms, bathrooms, and water closet (toilet) compartments; or where the heat is under the control of the tenant and the outdoor temperature is 10 degrees F. Or above, the owner must provide heating equipment in working condition capable of maintaining a temperature of at least 65 degrees F. In all habitable rooms, bathrooms, and water closet compartments. The temperatures must be maintained as an average of the readings in the rooms, and are measured at the center of each room at a height of 3 feet above the floor. If the owner fails to provide the required heat or equipment, the tenant may use any remedy or defense provided by the County Rent Escrow Law. The County Department of Permits and Licenses may issue a violation notice to any owner who violates this section. Failure to comply with the notice within the time specified will subject the owner to the following civil penalties: $250.00 for the first violation, $500.00 for the second violation, and $1,000.00 for any further violation. RODENT AND VERMIN CONTROL (Baltimore County Code, Title 7 - Nuisances, Section 13-7-301) “Owner” means the actual owner or the agent or custodian of a building. Where the terms of the lease hold the tenant responsible for maintenance and repair, “owner” includes the tenant. “Rats” means rats and mice. All buildings in the county must be free of rats and must be maintained in a rat-proof condition as provided in the county building code. Owners must repair all breaks or leaks, even without a notice from the health officer. The director of the county Department of Environmental Protection and Resource Management is authorized to inspect exteriors and interiors of premises to determine if there is evidence of rat infestation, rat harborage, or inadequate rat-proofing. If the owner, tenant, or person in possession of a dwelling or dwelling unit refuses to permit entry for an inspection, the inspector may enter only if he has a properly issued warrant to enter. Failure to comply with a notice to make repairs is a misdemeanor. Whenever the health officer of the Director of the Department of Environmental Protection finds that a public health emergency exists because of a rodent infestation that is likely to cause disease in human beings, either official may abate the condition without prior notice to the owner or occupant of the premises. The owner or occupant of a building must not allow the building to be infested with insects , such as but not limited to cockroaches, fleas, and lice, that can spread disease to human beings. An owner must not allow mosquitoes to breed on the premises. Failure to comply with any of these requirements is a misdemeanor. LIVABILITY CODE (Baltimore County Code, Title 5 - Livability Code, Section , 35-5-102) The purpose of the Livability Code is to protect public health, safety and welfare in the use and occupancy of dwellings; to set minimum standards for basic equipment and facilities and for safe and sanitary maintenance of residential structures and premises; and to define responsibilities of owners, operators, and tenants. The Code is enforced by the County Department of Community Development. “Code Official” is the Director of the Department or his appointee. Following is a summary of the Livability Code: The Code is to be liberally construed to protect public health, safety and welfare as they are affected by the use and maintenance of residential structures and premises. The Code applies to all residential structures used for human habitation except: owner-occupied single family units, and housing exempted by the Department of Community Development in accordance with state regulation. Repairs, alterations, etc., required by the Code shall be made in accordance with all appropriate codes and standards, including housing industry standards. The provision of the Livability Code do not impair the power of the county relating to demolition or removal of unsafe or unsanitary structures. Upon application of a property owner, the Code Official may waive a Code requirement if:
A waiver continues beyond the term of the current tenant. Any prospective tenant applying to lease the unit must be notified that a waiver has been granted for that unit and that occupancy will be subject to the waiver. A waiver will not supersede the state fire, elevator, or boiler laws. Duties and powers of the Code Official; notices, inspections, emergencies, regulations Upon giving notice to property owner and tenant, the Code Official may enter a structure or premises at any reasonable time to inspect and perform other Code duties. The Code Official may require and approve any alterations or repairs necessary to bring property up to Code standards. When conditions are encountered which make an approved plan of repair impractical, the Code Official may approve changes in the field if the change is readily determined to be in compliance with the Code, and it is requested by the property owner of his agent before the change is implemented. A description of the change and the justification for it must be filed with the permit for the project. Any Code violation which the Code Official considers an emergency must be corrected by the property owner within 48 hours. The time may be extended if the property owner shows that an effort to make repairs has begun, and if he shows a commitment to completing the repairs at the earliest possible time. A violation which is not an emergency must be corrected within 30 days of receipt of the notice of violation. If property owner, operator, or tenant obstructs entry or free access to any part of the premises or prevents or hinders an inspection, the County may seek an ex parte order for right of entry. The County will need to present evidence that there is probable cause to believe that a Code violation exists in or on the premises. After receiving a violation notice, the tenant must permit the owner or operator, their employees, etc., to enter the premises at reasonable times to inspect, make repairs, etc., as necessary to comply with Code provisions. The tenant should be given notice prior to the entry. The Code Official must make reasonable efforts to coordinate inspections by his and other governmental agencies. He shall confer with other governmental officials in order to eliminate conflicting orders. The Code Official may adopt regulations to carry out the provisions and the intent of this Code. Unsafe structures; orders to vacate When the Code Official finds that a structure or part of a structure is unsafe or unfit for human use or occupancy, he may order it placarded (boarded up) and vacated. The structure or that part of the structure may not be reoccupied without approval of the Code Official. Unsafe equipment may also be condemned, placarded, and put out of use. An unsafe structure is one which is so damaged, dilapidated, structurally unsound, etc., that the Code Official finds that it is dangerous to the life, health, safety, or property of its tenants. Vermin or rodent infestations, filth, contamination, lack of illumination, ventilation, sanitary or heating facilities, etc., can cause a structure to be unfit for human occupancy or use. Unsafe equipment may contribute to a finding that the structure is unsafe or unfit for human occupancy or use. Unsafe equipment includes a boiler, heating equipment, cooking equipment, electrical wiring, or other equipment on the premises which is in such condition that the Code Official finds it a hazard to the life, health, safety, or property of the tenants. If the property owner fails to close or vacate the premises within the time specified in the order, the Code Official may close the premises. The cost will be a lien upon the property. When a tenant is required to leave a structure because of an order to vacate or an order to make certain repairs required under this Code, the property owner must make prompt, reasonable, and good faith efforts to locate alternative housing of comparable affordability within a reasonable distance of the structure. However, if tenant’s displacement is caused by tenant’s own negligent, wrongful, or malicious act or omission, or if it is caused by an act of God or other condition beyond the control of the owner, the owner is not required to locate alternative housing. If the owner refuses or is unable to find alternative housing, the County may provide alternative housing, the County may provide alternative housing until one of the following occurs: the Code Official authorizes reoccupation of the structure; tenant’s lease term has expired; or a period of 6 months has past since the order to vacate was issued. Any cost incurred by the County in relocating tenants will be a lien against the property. A property owner may not displace or evict a tenant solely because tenant complained to the Code Official about an alleged Code violation. A displaced tenant continues to be responsible for the same amount of rent which he paid immediately prior to displacement. If the rent for the alternative housing is greater, the property owner is responsible for the difference until the end of tenant’s lease term or 6 months, whichever is less. Persons entitled to replacement housing are: tenants of the structure at the time the condemnation order or order to repair is issued, and any person who is required to leave the structure as a result of the order. Notices and orders; sale or lease of the premises When the Code Official determines that a Code violation exists, or has reasonable grounds to believe that a violation exists, or has decided to condemn any equipment or a structure, notice is given to both property owner and tenant. When a condemnation order is served and tenant must vacate the unit, he must be given reasonable time to leave, unless emergency conditions require him to leave immediately. A property owner who has received a compliance order or a notice of violation may not lease, sell, mortgage, or otherwise dispose of the premises until: the provisions of the order or the notice have been complied with; or the property owner has given the lessee, buyer, or mortgagee, etc., a copy of the compliance order or violation notice, and has given to the Code Official a signed and notarized statement from the lessee, buyer, or mortgagee acknowledging receipt of the order or notice and stating that he accepts full responsibility for making the required repairs. No one, tenant, property owner, or other, may remove or deface a posted notice without approval of the Code Official. A property owner who willfully violates a provision of this Code is guilty of a misdemeanor, and on conviction for each violation may be fined a maximum of $500 for each day that the violation exists, or imprisoned for not more than 90 days, or both. These penalties are in addition to any other penalty provided by federal, state, or local law. Any person affected by a decision of the Code Official in enforcing this Code may request and may be granted a hearing. The premises - lot and structures - must be kept clean, safe, and free from accumulations of rubbish or garbage. The premises must be free from infestations of insects, rodents, vermin, and other pests. The outside of a structure must be kept in good repair. It must be structurally sound and sanitary so that it does not threaten the health, safety, or welfare of the occupants. Supporting parts must be structurally sound, free of deterioration, and capable of safely bearing the dead and live loads imposed on them. The foundation, roof, and all other exterior surfaces must be kept in good repair and in such condition as to keep out rodents and other pests. Foundation walls must be structurally sound, without unsafe cracks or breaks. Exterior walls shall not have holes, breaks, loose or rotting boards or timbers, or any other condition by which rain or dampness could enter the interior. All exterior surface materials must be kept weatherproof and properly coated to prevent deterioration. Roofs must be structurally sound, without leaks, and with adequate drainage to prevent rainwater from causing dampness or deterioration in the walls or interior parts of the structure. All external decorative features and all awnings, stairways, fire escapes, overhang extensions, etc., must be kept safe and sound, in good repair, and properly anchored. They must be protected from the elements and against decay and rust. Exposed surfaces of metal or wood must be painted or weatherproofed. Exterior stair, porches, balconies, fire escapes, etc., must be kept in safe condition and capable of supporting their anticipated loads. Windows, doors, and their frames must exclude wind, and, as completely as possible, rain and rodents. Windows and doors must be weather tight and reasonably fit their frames. Windows must not have cracks or holes. Windows used for ventilation or emergency escape must be easily opened from the inside and held in position by window hardware. From April 1 to December 1, tight-fitting insect screens must be supplied for every door, window, or other outside opening used for ventilation. However, the Code Official may exempt windows equipped with air conditioners, openings above the 4th floor, etc., or may require alternatives to screens. Each exterior door and its hardware must be kept in good condition. Locks on exterior doors to individual housing units must be in good repair and capable of tightly securing the door. The interior of a structure must be kept in good repair, structurally sound, and in sanitary condition so that it does not threaten the health safety, or welfare of the occupants. Supporting structural members must be sound, free of deterioration, and capable of safely carrying the imposed loads. Interior surfaces - floors, walls, ceilings, windows, doors, etc. - must be kept in good repair and in a safe and sanitary condition. Kitchen, bathroom, and toilet floors must be substantially impervious to water so that they may easily be kept sanitary. The interior must be clean and sanitary, with no accumulations of rubbish or garbage. Rubbish and garbage must be placed in temporary storage facilities, not allowed to accumulate or be stored in public halls or stairways. Structures must be free of rodent and insect infestations, and where infestations are found, the area must be promptly treated with an extermination process that is not harmful to human health. Any door available as an exit must be easily opened from the inside. Interior stairs and railings and other exit facilities must be in sound condition and good repair so as not to be dangerous. The stairs must be safe to use and capable of supporting anticipated loads. Whenever any interior surface, such as walls, ceiling, trim molding, window frame, radiator, or banister, is in a deteriorated condition that presents a potential health hazard due to lead paint, the surface must be treated according to procedures established by the Baltimore County Department of Environmental Protection and Resource Management. Unless it presents a potential biting surface for children, an intact surface in good condition need not be treated. Whether in good condition or deteriorated condition, all surfaces such as trim moldings, window frames, and banisters, which present a potential biting surface, must be treated according to established procedures established by the County Department of Environmental Protection and Resource Management. Light and ventilation requirements In place of the natural light and ventilation requirements of this Code, alternative arrangements or methods that meet minimum performance requirements for equipment will be permitted in order to comply with the Building Code. All areas in a structure must be provided with sufficient light and ventilation so as not to endanger health and safety. Sufficient natural light or equipment for artificial light must be provided to permit maintenance of sanitary conditions and to permit safe use of the area and of appliances, equipment, and fixtures. Except in 1- and 2- family structures, common halls and stairways must at all times be adequately lighted with illumination equal to at least 60 watts for each 200 square feet of floor area. The space between lights may not be more that 30 feet. All exterior stairways and exits must be illuminated. When mechanical ventilation is provided in place of natural ventilation, the mechanical system must be kept operating while the structure or part of it is occupied. If air is recirculated, it may not be recirculated to a different habitable area. Plumbing facilities and fixtures Each housing unit must include its own plumbing facilities, which can be used in private, are adequate for personal cleanliness and disposal of human waste, and are operating properly. The following facilities must be supplied and kept in sanitary and safe working condition: a separate room affording privacy, equipped with flush toilet with cold running water; a sink near the toilet, with hot and cold running water for washing hands and face; a room affording privacy, with bathtub or shower with hot and cold running water; and a kitchen sink, apart from the lavatory sink, with hot and cold running water. All plumbing fixtures must have been approved as required by law. They must be of nonabsorbent material and kept in safe, usable condition. Fixtures, vents, drains, and water supply lines must be properly installed, connected, and maintained in working order, kept free from obstructions, leaks, and defects, and capable of performing as intended. Installations and repairs must comply with building and plumbing codes. Plumbing fixtures must be kept clean and sanitary to avoid breeding rodents and insects or producing dangerous or offensive gases or odors. They must be installed in a way that permits easy access for cleaning both the fixture and the area around it. Each plumbing facility must be properly connected to either a public or approved private water system and sewage disposal system. The water supply must be kept free from contamination. The water inlet for each fixture must be above the overflow rim of the fixture. The water supply system must be installed and maintained to provide a continuous supply of water to the plumbing fixtures in sufficient volume and pressure for satisfactory functioning. Heating facilities for water must be properly installed, maintained, and connected to the hot water lines of the required hot water facilities. Water heating facilities must be capable of heating water so that an adequate amount of water is supplied at each appropriate fixture at a temperature of at least 110 degrees Farenheit. Alternative water systems and alternative plumbing facilities and fixtures may be approved on a case-by-case basis. Each plumbing stack, waste and sewer line must be installed and maintained so that it functions properly, and must be kept free from obstructions, leaks, and defects in order to prevent structural deterioration or health hazards. Mechanical and electrical requirements Each housing unit shall be supplied with sufficient heat, or heating equipment capable of supplying sufficient heat, from October 15 to April 15 to maintain a room temperature of at least 65° F. In all habitable areas between 6:30 a.m. and 11:30 p.m. each day, and a temperature of at least 60° F. during the other hours. Temperature is measured 3 feet above the floor and 3 feet from exterior walls. When the outside temperature is below 0° F., then minimum room temperature shall be 60° F. at all times. Unless the lease states that the tenant is responsible for providing cooking equipment, installed cooking equipment must be provided by the property owner. All equipment and accessories for cooking, heating, and water heating must be kept free of leaks and water flow obstructions, and in proper functioning condition, free of fire, health, and safety hazards. Portable cooking equipment using a flame is prohibited. All mechanical equipment used for heating and cooking must be properly installed and kept in safe, good working condition, capable of functioning as intended. Installations and repairs must be made in compliance with the building and any other applicable code. Fuel-burning equipment must be connected to a chimney, flue, or vent in accordance with the manufacturer’s instructions and applicable codes. Safety controls must be kept in effective operation. Required clearances from combustible materials must be maintained. There must be an adequate supply of air for complete combustion of the fuel and for ventilation of the area. Devices to reduce gas consumption, attached to a gas appliance, supply line, or the vent outlet or piping, may not be used unless they are labeled for that use and the installation has received all required approvals. Fireplaces, wood burning stoves, etc., must be stable, structurally safe, and connected to approved chimneys. Space heaters using kerosene are prohibited. Where equipment to control temperature or humidity is an integral function of the housing unit, that equipment must be maintained and operated according to its designed capacity. Every structure within 300 feet of a power line offering usable electric service must be provided with an electrical system that complies with this section (18-81). Each habitable room must contain at least 1 electric receptacle outlet. Each laundry area and bathroom must contain at least 1 grounded type receptacle. Each kitchen must have at least 2 receptacle outlets on a single small appliance circuit rated at a minimum of 20 amps. Each kitchen, interior stairway, water closet compartment, bathroom, laundry room, furnace room, and the basement, must have at least 1 electric light fixture. Stairway fixtures must be switch operated. Whenever an electrical system needs modification in order to comply with this code, the service shall be upgraded to a minimum of 60 amps, 3 wire service. All electrical equipment, wiring, and appliances must be installed and maintained safely in accordance with all applicable codes. All electrical equipment must have received all required approvals. All structures must be constructed and maintained to prevent and avoid fire hazards. Egress: A safe, continuous, and unobstructed means of egress must be provided from the inside of a structure to the outside at a street, yard, court, or passageway leading to a public open area at grade (ground level): Each housing unit must have access directly to the outside or to a common area that leads directly to the outside; all doors in the required route of egress must be easily opened from the inside; all fire escapes must be structurally sound and in working condition; exit signs must be illuminated and visible; and each sleeping room in a basement must have at least 1 openable window or exterior door approved for emergency egress or rescue, or it must have access to 2 separate approved exits. Hazardous accumulations; fire precautions Accumulations of garbage or rubbish in stairways, passageways, doors, windows, fire escapes, or other means of egress are prohibited. Highly flammable or explosive materials such as paints, volatile oils and cleaning fluids, or combustible materials such as paper, boxes, and rags, may not be accumulated or stored except in reasonable quantities for current use. A housing unit may not be located in a structure that contains an establishment which handles, dispenses, or stored flammable liquids with a flash point of 100° F. or lower, except as permitted in the building or other code. Floors, walls, ceilings, etc., which are required to comply with a fire resistance rating, must be maintained so that the rating is preserved. All fire protection systems and equipment must be kept in proper operating condition at all times. Smoke detectors must be provided as required by law. Where fire suppression systems (sprinklers) are provided, the sprinkler heads must be kept clean and free of corrosion and paint, and neither bent nor damaged. Where provided, portable fire extinguishers must be visible and accessible. Required fire doors and smoke barriers, including hardware, must be kept in good working order. Any unapproved hold-open devices such as door stops and wedges may not be used. Responsibilities of tenant and property owners Unless specifically provided otherwise in this Code, only the property owner is responsible for compliance with this Code. The owner will not be cited for a violation caused by the negligent, wrongful, or malicious act or omission of a tenant, provided the owner’s own act or omission did not in any way contribute to the violation. A housing unit may not be leased to anyone for occupancy or use unless the structure and premises comply with the provisions of this Code. Tenant is responsible for keeping clean the part of the premises which tenant occupies, controls, or uses, and for storing and disposing of rubbish and garbage in a sanitary manner as required. Owner of a structure containing 2 or more housing units must keep clean the common areas of the premises. Owner is responsible for keeping in good and proper operating condition any equipment and fixtures which he supplies. Tenant must keep owner-supplied equipment and fixtures clean and must exercise reasonable care in using them. Tenant is responsible for the proper installation and maintenance of his own equipment and fixtures. Insect and rodent infestations If extermination is necessary before premises can be leased to a tenant, it is the responsibility of the owner. In a single-unit structure, tenant is responsible for exterminating any insects, rodents, or other pests. In a structure containing 2 or more housing units, the owner or operator is responsible for extermination of any infestation on the premises, except in a housing unit where the infestation is caused by tenant’s failure to take reasonable action to prevent the infestation in his own unit. Tenant may be given a citation for failure to fulfill a responsibility imposed by this Code. If tenant fails to comply with the citation, a fine of $10 may be imposed for each day that the violation continues. Violation by tenant or owner may be breach of lease A court may consider a violation of this Code by tenant or owner as evidence of a breach of the lease. Whenever a tenant’s possessions are removed from leased premises in accordance with a properly authorized and executed warrant of restitution, the possessions must be placed on the landlord’s property, either in a location designated by the landlord or, if no location is designated, then on landlord’s property in a location as near as possible to the leased premises. Tenant’s possessions must not be placed on a public highway or right-of-way or on any other public property. Tenant’s possessions which are removed from leased premises under a properly issued warrant of restitution are considered abandoned. If tenant’s property to be removed is a mobile home or a trailer (as defined in the Real Property Article of the Maryland Code) landlord may direct that the property remain at its existing location. The vehicle may not be placed on a county highway or right-of-way or on any public property other than a land disposal site. During the time that it remains on the landlord’s property, it must be posted by landlord as evicted property. Any person in violation of this section is subject to a civil penalty of $1,000.
BNI provides a sample eviction notice, a sample notice from the city sheriff, and an eviction procedures booklet for landlords and tenants. Last date legally reviewed: 9/19/08 (PLL/M.A.J.) Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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