Articles Tagged with Real estate law

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What is the Renters’ Rights and Stabilization Act of 2024?

House Bill 693 made several substantial changes to existing Maryland landlord-tenant law:

Nonpayment of Rent Complaints

The cost for a landlord to file a Failure to Pay Rent Complaint has increased from $8 to $43 per case (plus an additional $10 in Baltimore City), along with the cost of service.

A landlord is not permitted to recover this cost from a tenant unless a court enters a judgment for possession in the landlord’s favor and the lease agreement provides that a surcharge may be assessed against the tenant.

Any deduction for this surcharge, if awarded by the court, may not be recovered from a tenant in an amount that exceeds the amount of the tenant’s security deposit.

 

Security Deposits

A landlord may not charge a security deposit in excess of one (1) month’s rent with very limited exception. This is a change from prior law which permitted a landlord to charge a security deposit of up to two months’ rent. The security deposit may not be forfeited to the landlord for breach of a lease, except in the amount the landlord is actually damaged by a breach, or the amount of a surcharge authorized by law.

 

Maryland Tenants’ Bill of Rights

The Renters Rights and Stabilization Act creates an Office of Tenant and Landlord Affairs to ensure that tenants have access to educational resources to aid in understanding and exercising tenants’ rights under state law, provides tenants with information on how to report a violation of their legal rights, offer tenants information on how to obtain financial counseling, and notify authorities regarding housing discrimination. The Office of Tenant and Landlord Affairs has been tasked with developing a Maryland Tenants’ Bill of Rights.

Landlords must provide tenants with a copy of the most current version of the Maryland Tenants’ Bill of Rights published by the Office of Tenant and Landlord Affairs at lease signing.

 

Tenants’ Right of First Refusal

House Bill 693 amends Section 8-119 of the Real Property Article and mandates the owner of residential rental property to send each tenant a written notice of the tenant’s right to deliver an offer to purchase the property, subject to certain exceptions, prior to listing the residential rental property for sale. The law governing this right of first refusal for residential tenants is detailed and very complex and, if a property owner fails to comply with its obligations, a tenant may file a notice of lis pendens which would interfere with closing on a sale of property.

The majority of the changes imposed by the Renters Rights and Stabilization Act will go into effect on October 1, 2025, and will impact all Maryland landlords and property owners.

 

If you need assistance with understanding recent changes in Maryland landlord-tenant law or issues involving failure to pay rent complaints, security deposits, or rights of first refusal in Baltimore City or the surrounding counties, please do not hesitate to contact us by phone or e-mail:

Avery Barton Strachan, Esq.

astrachan@silvermanthompson.com

(410) 385-9113

 

Kerri L. Smith, Esq.

ksmith@silvermanthompson.com

(410) 385-9106

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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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