Last page edit 03/17/08

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Sources of Law

The "law" that applies to a particular situation is rarely found in just one place. The following describes how the various sources of law interact and notes where you can find the actual law.

Federal law — These are the laws passed by Congress. Landlord tenant issues are generally decided by your state rather than the federal law, however the federal law does address certain issues such as housing discrimination. The federal law also provides subsidies to rental housing through special programs. In these areas, the federal law will determine your rights. There will also be state sources of law but they cannot conflict with the federal law.

State law - This is called the "Maryland Code". The Maryland Code contains the general laws passed by the Maryland legislature, the General Assembly. The Landlord Tenant law can be found in Title 8 of the Real Property Article of the Maryland Code. Most public libraries and offices of county counsels and incorporated towns have copies of the Code.

Local law — In addition to the state law and the federal law, political subdivisions such as counties and incorporated municipalities may have also passed laws or regulations. In this Guide there will be a special link to local law where it applies. If there is a difference between the local law and state or federal law, the state or federal law will apply. Only an attorney can help to decide if this is  happening in your case.

State regulation — The state agencies that enforce the state law issue regulations that provide more detail on how the law will be enforced. Regulations are generally much more detailed than the law. If there is a conflict between the law and the regulations, the law has more authority. You can find the regulations on-line - Code of Maryland Regulations (COMAR) . The regulations set the state standards for the maintenance of heat, responsibilities of owners and occupants, enforcement, etc. and can be found at Title 5 — Housing and Community Development, beginning at section 05.02.03.

Case law — Courts at both the state and federal levels are likely to have ruled on questions about the federal and state laws. The law as it was initially passed is shaped and refined by these court cases. You will note that this Guide mentions the "case law" as well as the regulations and the "code" or law as it was passed by the state legislature. Case law can be tricky to apply. Some court decisions apply only to situations where the facts exactly match the facts of the case that was decided. In other cases, the court makes a decision on a general principle that may apply to many situations. Use case law to give you an idea of what a judge might decide but remember that your facts must fit exactly in order for the case to apply to your situation. An attorney can help you make this kind of analysis. 

 

 Maryland State Law LibraryThe Maryland State Law Library Reference Guide to Landlord and Tenant Law

 

Last  review 3/17/08 (PLL/M.A.J.)

Source: Maryland Legal Assistance Network (MLAN).  Updated by the Maryland State Law Library (MSLL).

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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