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How can you register a rental property in Baltimore City? Effective January 1, 2019, all non-owner-occupied dwelling units, regardless of whether it is a single-family or multi-family dwelling, must be licensed and registered in Baltimore City.

What are the steps to receive a rental license from the Department of Housing and Community Development (DHCD)?

  • The Property must be registered with DHCD.
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How do you remove a squatter in Maryland? When an empty residential unit or vacant buildings become occupied by a person other than an authorized tenant, they are often referred to as a squatter. Squatter law in Maryland does not allow you to remove the unauthorized person without utilizing the legal process.

What is a squatter?

 A squatter is person who has taken physical possession of real property that they do not own, and who has not signed a lease or paid rent for the property. If a person refuses to leave the request of the property owner, they are considered a squatter and may be removed through filing a Complaint for Wrongful Detainer in the District Courts of Maryland.

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New Maryland Landlord-Tenant Law Effective October 1, 2023

Rental License Needed for ALL Eviction Cases

Pursuant to Senate Bill 100, effective October 1, 2023, if a county or municipality requires a rental license, a landlord MUST have a rental license to file any of the following actions:

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            Employers must be aware of, and revise their employment-related documents to reflect, the recent changes to Maryland and federal law.  One of a Company’s most powerful way to deter future litigation is by ensuring that its agreements, handbooks, and policies are legally compliant.

            Companies often face claims of discrimination, harassment, and retaliation by their employees.  As such, it is imperative that employers are cognizant of the Maryland legislature’s substantial expansion of anti-discrimination and harassment laws.  With the passage of SB 450, the Maryland legislature adopted a less stringent standard of determining harassment, allowing employees to establish that they have been the subject of harassment based on the “totality of the circumstances.” Additionally, Maryland has imposed greater requirements for employers to reasonably accommodate not only employees’ disabilities but also an applicants’ disabilities.  Finally, the Office of the Attorney General can now independently initiate investigations of federal and state civil rights violations and file a lawsuit on behalf of the employees in Maryland, making it even more essential that employers properly handle complaints of discrimination. 

            Although Maryland has long disfavored the use of non-competition agreements, it has recently made non-compete and conflict of interest provisions unenforceable against employees earning less than 150% of the state’s applicable minimum wage.  The legislature has also taken great strides to provide paid time off for employees requiring medical leave for themselves or for those of eligible family members.  The Time to Care Act created a Family and Medical Leave Insurance Program (FAMLI), pursuant to which eligible employees would receive twelve weeks of paid family and medical leave, with the possibility of 12 additional weeks of paid parental leave (for a possible of 24 weeks of paid leave).  Under the FAMLI rules, contributions will be made by employees and employers with 15 or more employees, as well as self-employed individuals who opt-in to the program.  Employees who work for a company with less than 15 employees will make the full contributions themselves.  Contributions will commence on October 1, 2024, with benefits first becoming available as of January 1, 2026.

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What if I purchase a home “as-is” and later discover latent defects that are significant and expensive to repair?

Buyers can submit to mediation through Maryland REALTORS® to recover damages associated with latent defects not disclosed at the time of sale.

In the State of Maryland, the standard Residential Contract of Sale form used by Maryland REALTORS® includes a provision that allows for mediation of disputes arising out of the sale and purchase of a residential property.  Mediation is a process where parties attempt to resolve a dispute without, or before the filing of a lawsuit with the assistance of a neutral mediator.  When a buyer of residential property discovers a latent defect after purchasing property and it is clear the seller knew about said defect and failed to disclose it to the buyer, mediation through Maryland REALTORS® can be an effective process to achieve a resolution.  A copy of the Residential Contract of Sale form can be found here: https://www.mdrealtor.org.

What is a latent defect?

In Maryland, a “latent defect” in residential property is a material defect that the seller knows about and (1) is not visible, (2) could not be reasonably expected to be uncovered by the buyer before the purchase is made, and (3) could endanger the health or welfare of the buyer.

A “material defect,” as encompassed in the term latent defect, is a significant issue with a residential property’s system or structure that adversely affects the property’s value, poses a health or safety risk, or undermines the buyer’s capacity to enjoy it.  Notably, a material defect is a substantial problem, as opposed to a minor or aesthetic issue.  Examples of material defects include, but are not limited to:

  • Major structural issues or other decay in the property’s architecture, including damaged foundation, sloped floors, bowed walls, or horizontal cracks.
  • Significant roof or basement leaks that require extensive repairs.
  • Outdated and malunctioning plumbing or electrical issues that make the property unsafe.
  • The presence of asbestos, lead paint, mold, or other hazardous materials.

As you can see from the above examples, these material defects would not be visible or expected to be uncovered by a buyer before purchasing the property, and all pose significant health and safety risks.

Does a seller have a duty to disclose latent defects, even if the property is being sold “as-is”?

Yes, sellers of residential property, even if it is being sold “as-is,” have a duty in Maryland to disclose any latent defects of which the seller had actual knowledge and that a buyer (or the buyer’s home inspector) could not reasonably expect to find by a visual inspection and pose a direct threat to health or safety of the buyer.  While a seller can still indicate that the property is being sold “as-is,” the seller is still required to indicate latent defects by completing the Maryland Residential Property Disclosure and Disclaimer Statement, which is included in the Residential Contract of Sale form used by Maryland REALTORS®.

What if the seller failed to disclose a latent defect and as a result, I now have significant and expensive costs to repair the property?

Our office can help you review the contract of sale to determine if you are eligible for mediation with the Maryland REALTORS®.  Importantly, all claims or disputes between a buyer and seller must be submitted to mediation with the Maryland REALTORS® within one year following the closing date of the sale, so you should not delay in contacting an attorney.  If a latent defect is discovered after one year, you may still have legal recourse.  In Maryland, the standard statute of limitations to file a claim is three years, so if you miss the one-year mediation deadline, you should still contact an attorney to determine if you have a viable claim.

Can I skip mediation offered by Maryland REALTORS® and immediately file a lawsuit in court?

Mediation is generally faster, simpler, and often less expensive than litigation.  However, mediation is a voluntary process that must be agreed to by the buyer and seller.  Under certain circumstances, you may choose to bypass the mediation and immediately file a lawsuit in state court.  However, the Maryland Residential Contract of Sale expressly states that if you file a lawsuit in state court and ultimately lose, you will be responsible for paying the other party’s attorneys’ fees, in addition to your own.  Our office can provide advice regarding whether you should proceed with mediation or litigation based on the unique facts of your case.

If you need assistance with reviewing a Maryland Residential Contract of Sale and/or believe you have a dispute or claim to submit to mediation with Maryland REALTORS®, please do not hesitate to contact us by phone or e-mail:

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Calling Law Enforcement or Emergency Services No Longer Grounds for Termination

Pursuant to Senate Bill 214, which takes effect on October 1, 2023, Section 8-208 of the Real Property Article which governs prohibited lease provisions has been amended to prohibit a form of lease that limits the ability of a tenant to summons law enforcement or emergency services, and/or penalizes a tenant for summonsing law enforcement or emergency services.

This is particularly relevant in breach of lease cases as it will no longer be a sufficient basis for termination that law enforcement is called to a unit.

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Pet Protections During Evictions

Pursuant to House Bill 102, effective June 1, 2023, a landlord and law enforcement carrying out an eviction have the following obligations with regard to any action for possession of real property (nonpayment of rent, tenant holding over, breach of lease, or wrongful detainer):

(1) Upon eviction, the unit must be immediately inspected for any pet;

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What do I need to do to file a Failure to Pay Rent Case in Baltimore City? Baltimore City landlords must comply with registration, inspection, and licensing requirements before initiating Nonpayment of Rent actions in rent court.

Residential landlords that anticipate the need to file a Failure to Pay Rent Complaint in the coming weeks and/or months should be aware of recent changes to Baltimore City’s licensing scheme which requires housing providers to have a rental unit registered, inspected, and licensed before a landlord is able to utilize rent court to collect unpaid rent.

Residential Landlord Requirements in Baltimore City

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Being appointed an agent under a financial power of attorney, or as a Court-appointed guardian, comes with a significant delegation of authority.  However, it is important to know that such delegation of power is not without limits.  For example, an agent can only exercise powers specifically granted under the power of attorney document.  And, in the case of a guardianship, the guardian is obligated to periodically account for the Court of their efforts on behalf of the ward.  And, of course, a fiduciary under either scenario cannot abuse their power or use their power unlawfully.

Recently, the Court of Appeals issued an opinion that provides yet more useful guidance for fiduciaries.  In United Bank v. Richard Buckingham, et al., the Court answered the following two certified questions from the United States District Court for the District of Maryland: (1) whether changing beneficiaries on a life insurance policy constitutes a conveyance under the Maryland Uniform Fraudulent Conveyance Act; and (2) whether a guardian of property has the authority to change beneficiaries for a life insurance policy of the ward.

The Court answered the first question in the affirmative, explaining that a change in life insurance beneficiary made with intent to hinder, delay, or defraud creditors is subject to the Maryland Uniform Fraudulent Conveyance Act.  The court then answered the second question in the negative, noting that a guardian of property clearly does not have the authority to change the beneficiary of a life insurance policy on the life of a ward, citing the provisions of Section 15-102(t) of Maryland’s Estates and Trusts Article.  Instead, the Court found that a fiduciary may only change the beneficiary of a life insurance policy following application to and approval of a court of equity.

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