Chapter 6.16 LANDLORD-TENANT RELATIONS*

* Legislative History: Ord. No. 2700, 11/14/1983; Ord. No. 1991-34; Ord. No. 1992-2, 1/27/1992; Ord. No. 1992-9, 6/22/1992; Ord. No. 1992-26, 6/22/1992; 1992-38, Ord. No. 10/26/1992; Ord. No. 1992-43, 12/14/1992; Ord. No. 1995-43, 12/11/1995; Ord. No. 1997-9, 3/10/1997; Ord. No. 1999-38, 9/27/1999.

The Council of the City finds that there is often unequal bargaining power between landlords and tenants, that the common law principles pursuant to which leases are interpreted as grants of right or possession rather than mutual and dependent covenants evolved in an agricultural setting and are ill-suited to the modern residential setting of this urban City, and that in order to facilitate fair and equitable arrangements to foster the development of housing which will meet the necessary minimum standards of the present day and promote the health, safety and welfare of the people as set forth in the Property Maintenance Code of the Charter and Code of the City of Takoma Park, it is necessary and appropriate that the City define minimum respective rights and duties of landlords and tenants and provide mechanisms for the resolution of disputes between landlords and tenants. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-400)

To the maximum extent permissible by the Constitution and laws of the United States and the Constitution and laws of the State of Maryland, this chapter shall determine and regulate legal rights, remedies and obligations of the parties and beneficiaries of any lease concerning any rental unit within this City, wherever executed. Any lease shall be unenforceable to the extent that it conflicts with any provision of this chapter. Such unenforceability shall not affect other provisions of the lease which can be given effect without such unenforceable provision. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-401)

A. Tenants shall have the right to self-organization; to form, join, meet or assist one another within or without tenant organizations; to meet and confer, by themselves and through representatives of their own choosing, with landlords; and to engage in other activities for the purpose of mutual aid and protection; and further, tenants shall have the right to refrain from any and all such activities.
B. Tenants and tenant associations shall have the right of assembly in the meeting rooms and other areas suitable for meetings within a rental facility during reasonable hours and upon reasonable notice to the landlord for the purpose of conducting tenant organization meetings. The landlord may impose reasonable terms and conditions upon the use of such meeting rooms or common areas.
C. Tenants and tenant associations shall have the right to distribute freely and post in centrally located areas of a rental facility literature concerning landlord-tenant issues, provided that the literature is properly identified as to its origin.
D. Tenant associations shall have standing to file complaints under any provision of this chapter in a representative capacity on behalf of those tenants who have authorized such representation. Nothing herein shall be construed to permit any tenant’s organization to represent any tenant or class of tenants unless specifically authorized in writing to do so. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-402)

All tenants, members of the tenant’s household, housemates, and any other person(s) on the premises with the tenant’s permission shall:
A. Comply with terms and conditions of the lease and all written rules established by the landlord;
B. Keep that part of the rental facility which the tenant occupies and uses as clean, sanitary and safe as conditions permit;
C. Dispose of all rubbish, garbage, recyclables as required and other organic and flammable waste from the rental unit in a clean and sanitary manner;
D. Keep all gas, electrical, and plumbing equipment, appliances, and fixtures as clean and sanitary as their condition permits;
E. Use and operate all gas, electrical and plumbing equipment, appliances and fixtures properly;
F. Not destroy, deface, damage, impair or remove any part of the rental unit, rental facility, or its facilities, grounds, equipment or appurtenances;
G. Pay for damages to the rental unit or facility caused by the tenant’s negligence or willful misconduct;
H. Provide the landlord with keys to any lock that the tenant installs or allows to be installed which controls access to any part of the rental unit or to any other part of the rental facility over which the tenant has exclusive possession;
I. Permit any lawful inspection.
(Ord. 2003-7 § 1 (part), 2003: prior code § 6-403)

All landlords shall:
A. Keep all areas of the rental facility, grounds, facilities, equipment and appurtenances in a clean, sanitary and safe condition;
B. Make and bear the costs of all repairs and arrangements necessary to keep the rental unit in compliance with the Property Maintenance Code;
C. Maintain all gas, electrical, plumbing, and other facilities and conveniences supplied in good working order;
D. Provide and maintain appropriate receptacles and conveniences for the removal of, rubbish, garbage, and recyclables and arrange for the frequent removal of such materials from the rental facility;
E. Supply water, hot water and heat as required by the standards prescribed in the Property Maintenance Code of the City as amended;
F. Paint all rental units in their entirety at least once every 5 years. Repainting is not required between tenancies, however all painted surfaces must be in clean condition and free of any peeling or chipping paint at the commencement of a tenancy;
G. Pay for all repairs and maintenance to the rental unit and rental facility;
H. Maintain sufficient keys to provide access to every rental unit; require access to master and duplicate keys be restricted; and keep a log book of all assignments, temporary loans or other possessions of any master or duplicate keys. Master and duplicate keys must be kept in a locked cabinet or safe;
I. Rekey every lock on each door which provides access to the rental unit between tenancies. No key shall provide access to multiple rental units in the same rental facility except the master key which is maintained by the landlord;
J. Post a durable notice containing current emergency contact information including the name(s) and telephone numbers (day and evening) of the landlord or agent who can be reached in emergency situations. Such notice shall be posted in an accessible and conspicuous place in a common area in each rental facility and distributed to all tenants at the commencement of the tenancy and whenever there is a change in the emergency contact information;
K. Provide, under the same terms and conditions, air conditioning in rental units where tenants have previously been provided air conditioning;
L. Allow tenants to install and use air-conditioning units in rental units where the lease is silent regarding the installation, provision, or use of air conditioning or the lease expressly authorizes tenants to install and use air-conditioning units. (Ord. 2004-36 § 1 (part) 2004/Ord. 2003-7 § 1 (part), 2003: prior code § 6-404)

All leases shall:
A. State the monthly rent for the rental unit. The rent for rental units subject to rent stabilization shall not exceed the maximum allowable rent for the rental unit;
B. Comply with the lease term and renewal requirements of this chapter;
C. Acknowledge the landlord’s responsibility to maintain the premises and incorporates by reference the standards of the Takoma Park Property Maintenance Code as amended, as a warranty of habitability;
D. Indicate that the security deposit will be deposited and returned in accordance with the provisions of this chapter and of the Real Property Article of the Annotated Code of Maryland, as amended;
E. Require the landlord to provide a written receipt if the tenant requests a receipt or if the tenant makes a rent or other payment in cash to the landlord. If a tenant requests a written receipt from the landlord for any payment sent by mail, the tenant shall provide a stamped, self-addressed envelope to the landlord;
F. Entitle the tenant to possession of the leased premises until the lease is terminated by action of the parties or by operation of law;
G. Permit the lease to be terminated by the tenant upon one month’s written notice to the landlord prior to the rent due date due to an involuntary change of employment requiring relocation from the Washington, D.C., Standard Metropolitan Statistical Area (as defined by the United States Census Bureau), death of a or involuntary unemployment of a major wage earner, or for any other reasonable cause beyond the tenant’s control. The lease may require the tenant to specify the cause(s) in writing to the landlord and include appropriate evidence thereof. In the event of a termination of the lease for reasonable cause beyond the tenant’s control, the lease may provide that the tenant shall pay a reasonable termination charge not to exceed one month’s rent or the actual monetary damages sustained by the landlord as a result of the termination, whichever is the lesser amount, in addition to rent due and owing through the termination date and during the notice period;
H. Provide for the reimbursement to the tenant for damage to the tenant’s tangible personal property as a result of the landlord’s negligence;
I. Inform the tenant in rental units subject to rent stabilization:
1. Of the existence of rent stabilization in the City; and
2. Of the tenant’s right to examine the rent reports maintained by the Department of Housing and Community Development;
J. Include a rent escalator clause, in accordance with Section 6.20.010, if the landlord intends to increase the rent prior to the end of the lease term;
K. Inform the tenant in rental units not subject to rent stabilization:
1. That the rent may be increased only once within a 12-month period; and
2. That the landlord shall give the tenant 2 months written notice prior to the effective date of a rent increase which shall coincide with the rent due date;
L. Stipulates the notice to vacate requirements as stated in Section 6.16.150;
M. Provide notice of any late rent payment fee, return check fee, or any other fees that may be charged in addition to the rent;
N. Establish the responsibility for maintenance of the grounds for a single-family rental facility;
O. Give notice to the tenant of the right to have air conditioning if air conditioning was previously available to tenants of the rental unit under the same terms and conditions, except for a reasonable increase in fees consistent with department regulations, as the previous tenants;
P. State whether air conditioning is available for the rental unit and, if air conditioning is available for the rental unit, state whether the landlord or tenant will provide and maintain the air-conditioning unit(s), the number and location of permitted air-conditioning units, and the fees, if any, associated with the provision of air conditioning. If a lease does not include the information required by this subsection, then the tenant shall have the right to install a window air-conditioning unit in each sleeping room unless such installation would constitute a violation of any other law, and the landlord shall be responsible for the cost of installing any electrical upgrades necessary to allow use of such air-conditioning units in a manner that is in compliance with the Property Maintenance Code. (Ord. 2004-36 § 1 (part), 2004/Ord. 2003-7 § 1 (part), 2003: prior code § 6-405)

A. All leases shall be offered for an initial one-year term unless reasonable cause exists for offering a lease term of less than one year.
B. A tenant may reject an offer of a one-year lease and agree to a term of other than one-year.
C. If an initial lease is for a term of other than one year, the lease or an addendum to the lease must show either that an offer of a one-year lease was made to the prospective tenant and the tenant requested a different term or state the landlord’s reasonable cause for offering a lease term of less than one year. This lease provision shall be separately initialed or signed by the landlord and the tenant.
D. The landlord shall offer the tenant the opportunity to renew a lease of one-year or more for an additional term of one year at least 2 months prior to the end of each lease term unless:
1. The landlord has given the tenant notice to vacate, except that the landlord shall not give a 2-month no fault notice to vacate at the expiration of the initial one-year lease term; or
2. The tenant has given the landlord notice of intent to vacate; or
3. At least 2 months before the end of the lease term, the landlord has provided the tenant with a written statement of the landlord’s reasonable cause for offering a lease term of less than one year.
E. If a landlord fails to offer the tenant a one-year lease renewal without stating in writing the landlord’s reasonable cause for offering a term of less than one year, as required by subsections (C) or (D)(3) of this section, then, at the sole option of the tenant, the tenant shall be presumed to have a one-year lease.
F. “Reasonable cause” shall include those situations in which:
1. It would create a hardship for a landlord to enter into or renew a one-year lease.
2. The landlord is selling the rental facility and settlement on the sale is to occur within a one-year period.
3. The landlord intends to occupy the rental unit or make it available for use by a family member. Any landlord utilizing this provision shall not lease the rental unit during the 12-month period beginning on the date of recovery of possession.
4. The landlord is making alterations or renovations or is conducting substantial rehabilitation to a rental unit or rental facility which cannot safely or reasonably be accomplished while the rental unit or rental facility is occupied. Any displaced tenant shall have a right to lease the rental unit upon completion of such work. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-406)

Leasing fees shall not exceed the maximum fees established by Department regulations or the actual costs incurred by the landlord, whichever is the lesser amount. Leasing fees shall include, but not be limited to: application fees, key fees, document preparation fees, and credit check fees. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-407)

Late fees shall not be charged if the rent is received within 10 days of the rent due date. A late fee shall not exceed 5% of the amount of rent due for the rental period. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-408)

A. If a pet fee is charged, the pet fee shall not exceed the maximum pet fees established by the Department regulations. All pet fees shall be reasonable and assessed on a uniform basis and disclosed at the beginning of the lease term. In the event a pet is obtained following execution of the initial lease or lease renewal, a pet fee may be assessed to the tenant.
B. Nothing in this section shall be construed as requiring landlords to allow pets. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-409)

A. Fees may not be charged for items and services that were previously included in the rent for the rental unit.
B. Fees charged by the landlord to any tenant in accordance with the lease for basic utilities and services, including but not limited to fees for electricity, gas, water, and trash collection, shall be for the actual amount. At the request of the tenant, the landlord shall provide the tenant with copies of the applicable bills, invoices or other documentation from the utility or service provider and an explanation of how the fee to the tenant was computed. If the tenant has requested verification of a utility or service fee, the tenant shall not be obligated to pay such fee until the verification is provided to the tenant.
C. If a fee for the rental of an individual window air conditioning unit is charged, the fee shall not exceed the maximum fee established by the Department regulations.
1. The tenant shall have the option of providing an air conditioning unit upon written approval of the landlord. Such approval shall not be withheld if the tenant provided air conditioner is equivalent in size, configuration and energy efficiency standards to the air conditioner being offered for rent by the landlord.
2. Fees assessed by the landlord for installation or removal of the air conditioning unit shall reflect the actual cost of installing or removing such unit.
3. Fees for use of landlord provided air conditioning units shall only be assessed during the months of May through September.
D. Fees for optional services or amenities, such as furnishings, garage parking or storage must be assessed on a uniform basis and disclosed at the beginning of the tenancy or by giving a 2-month written notice at the beginning of each lease term.
E. Additional fees may not be charged to the tenant for capital improvements or additional operating expenses to the rental facility. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-410)

A. The provisions of Sections 8-203 and 8-203.1 of the Real Property Article of the Annotated Code of Maryland, as amended, are incorporated by reference as follows:

Section 8-203. Amount of security deposits.

(1) In this section the following words have the meanings indicated.

(2) "Landlord" means a landlord or a prospective landlord.

(3) "Security deposit" means any payment of money, including payment of the last month's rent in advance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common areas, major appliances, and furnishings.

(4) "Tenant" means a tenant or a prospective tenant.

(1) A landlord may not impose a security deposit in excess of the equivalent of two months' rent per dwelling unit, regardless of the number of tenants.

(2) If a landlord charges more than the equivalent of two months' rent per dwelling unit as a security deposit, the tenant may recover up to threefold the extra amount charged, plus reasonable attorney's fees.

(3) An action under this section may be brought at any time during the tenancy or within two years after its termination.

(c) Receipt. The landlord shall give the tenant a receipt for the security deposit as specified in §8-203.1 of this subtitle. The receipt may be included in a written lease.

(d) Maintenance of accounts or certificates of deposit in financial institutions, sale or transfer of landlord's interest.

(1) (i) The landlord shall maintain all security deposits in federally insured financial institutions, as defined in §1-101 of the Financial Institutions Article, which do business in the State.

(ii) Security deposit accounts shall be maintained in branches of the financial institutions which are located within the State and the accounts shall be devoted exclusively to security deposits and bear interest.

(iii) A security deposit shall be deposited in an account within 30 days after the landlord receives it.

(iv) The aggregate amount of the accounts shall be sufficient in amount to equal all security deposits for which the landlord is liable.

(2) (i) In lieu of the accounts described in paragraph (1) of this subsection, the landlord may hold the security deposits in insured certificates of deposit at branches of federally insured financial institutions, as defined in §1-101 of the Financial Institutions Article, located in the State or in securities issued by the federal government or the State of Maryland.

(ii) In the aggregate certificates of deposit or securities shall be sufficient in amount to equal all security deposits for which the landlord is liable.

(3) (i) In the event of sale or transfer of the landlord's interest in the leased premises, including receivership or bankruptcy, the landlord or the landlord's estate, but not the managing agent or court appointed receiver, shall remain liable to the tenant and the transferee for maintenance of the security deposit as required by law, and the withholding and return of the security deposit plus interest as required by law, as to all or any portion of the security deposit that the landlord fails to deliver to the transferee together with an accounting showing the amount and date of the original deposit, the records of the interest rates applicable to the security deposit, if any, and the name and last known address of the tenant from whom, or on whose behalf, the deposit was received.

(ii) A security deposit under this section may not be attached by creditors of the landlord or of the tenant.

(4) Any successor in interest is liable to the tenant for failure to return the security deposit, together with interest, as provided in this section.

(e) Return of deposit to tenant; interest.

(1) Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued in the amount of 3 percent per annum, less any damages rightfully withheld.

(2) Interest shall accrue at six-month intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded.

(3) Interest shall be payable only on security deposits of $50 or more.

(4) If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.

(f) Withholding of deposit-Generally; tenant's right to be present at inspection of premises.

(1) (i) The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.

(ii) The tenant has the right to be present when the landlord or the landlord's agent inspects the premises in order to determine if any damage was done to the premises, if the tenant notifies the landlord by certified mail of the tenant's intention to move, the date of moving, and the tenant's new address.

(iii) The notice to be furnished by the tenant to the landlord shall be mailed at least 15 days prior to the date of moving.

(iv) Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the premises are to be inspected.

(v) The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant's notice.

(vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.

(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.

(2) The security deposit is not liquidated damages and may not be forfeited to the landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach.

(3) In calculating damages for lost future rents any amount of rents received by the landlord for the premises during the remainder if any, of the tenant's term, shall reduce the damages by a like amount.

(g) Same--Notice to tenant.

(1) If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred.

(2) If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

(h) Tenant ejected or evicted or abandoning premises-

(1) The provisions of subsections (e)(1) and (4) and (g)(1) and (2) of this section are inapplicable to a tenant who has been evicted or ejected for breach of a condition or covenant of a lease prior to the termination of the tenancy or who has abandoned the premises prior to the termination of the tenancy.

(2)(i) A tenant specified in paragraph (1) of this subsection may demand return of the security deposit by giving written notice by first-class mail to the landlord within 45 days of being evicted or ejected or of abandoning the premises.

(ii) The notice shall specify the tenant’s new address.

(iii) The landlord, within 45 days of receipt of such notice, shall present, by first-class mail to the tenant, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the costs actually incurred and shall return to the tenant the security deposit together with simple interest which has accrued in the amount of 3 percent per annum, less any damages rightfully withheld.

(3)(i) If a landlord fails to send the list of damages required by paragraph (2) of this subsection, the right to withhold any part of the security deposit for damages is forfeited.

(ii) If a landlord fails to return the security deposit as required by paragraph (2) of this subsection, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.

(4) Except to the extent specified, this subsection may not be interpreted to alter the landlord's duties under subsections (e) and (g) of this section.

(i)(1) Under this subsection, a landlord:

(i) May not require the tenant to purchase a surety bond; and

(ii) Is not required to consent to the tenant's purchase of a surety bond.

(2)(i) Instead of paying all or part of a security deposit to a landlord under this section, a tenant may purchase a surety bond to protect the landlord against:

1. Nonpayment of rent;

2. Damage due to breach of lease; or

3. Damage caused by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord.

(ii) A surety shall refund to a tenant any premium or other charge paid by the tenant in connection with a surety bond if, after the tenant purchases a surety bond, the landlord refuses to accept the surety bond or the tenant does not enter into a lease with the landlord.

(3)(i) The amount of a surety bond purchased instead of a security deposit may not exceed two months' rent per dwelling unit.

(ii) If a tenant purchases a surety bond and provides a security deposit in accordance with this section, the aggregate amount of both the surety bond and security deposit may not exceed two months' rent per dwelling unit.

(iii) 1. If a landlord consents to a surety bond but requires the surety bond to be in an amount in excess of two months' rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney's fees.

2. If a landlord consents to both a surety bond and a security deposit but requires the surety bond and the security deposit to be in an aggregate amount in excess of two months' rent, the tenant may recover up to three times the extra amount charged for the surety bond, plus reasonable attorney's fees.

(4) Before a tenant purchases a surety bond instead of paying all or part of a security deposit, a surety shall disclose in writing to the tenant that:

(i) Payment for a surety bond is nonrefundable;

(ii) The surety bond is not insurance for the tenant;

(iii) The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the tenant;

(iv) The tenant may be required to reimburse the surety for amounts the surety paid to the landlord;

(v) Even after a tenant purchases a surety bond, the tenant is responsible for payment of:

1. All unpaid rent;

2. Damage due to breach of lease; and

3. Damage by the tenant or the tenant's family, agents, employees, guests, or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, or furnishings owned by the landlord;

(vi) The tenant has the right to pay the damages directly to the landlord or require the landlord to use the tenant's security deposit, if any, before the landlord makes a claim against the surety bond; and

(vii) If the surety fails to comply with the requirements of this paragraph, the surety forfeits the right to make any claim against the tenant under the surety bond.

(5)(i) A tenant who purchases a surety bond in accordance with this subsection has the right to have the dwelling unit inspected by the landlord in the tenant's presence for the purpose of making a written list of the damages that exist at the commencement of the tenancy, if the tenant requests an inspection by certified mail within 15 days of the tenant's occupancy.

(ii) A tenant who provides a surety bond under this subsection shall have all the rights provided under subsection (f)(1)(ii) through (v) of this section.

(iii) The surety or landlord shall deliver to a tenant a copy of any agreements or documents signed by the tenant at the time of the tenant's purchase of the surety bond.

(iv) A tenant shall be advised in writing of all of the tenant's rights under this subsection prior to the purchase of a surety bond.

(6)(i) A surety bond may be used to pay claims by a landlord for:

1. Unpaid rent;

2. Damage due to breach of lease; or

(ii) A surety bond does not represent liquidated damages and may not be used as payment to a landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach.

(iii) Except as provided in subparagraphs (i) and (ii) of this paragraph, a surety may not, directly or indirectly, make any other payment to a landlord.

(7) At least 10 days before a landlord makes a claim against a surety bond subject to this subsection, the landlord shall send to the tenant by first-class mail directed to the last known address of the tenant, a written list of the damages to be claimed and a statement of the costs actually incurred by the landlord.

(8)(i) A tenant shall have the right to pay any damages directly to the landlord or require the landlord to use the tenant's security deposit, if any, before the landlord makes a claim against the surety bond.

(ii) If a tenant pays any damages directly to the landlord or requires the landlord to use the tenant's security deposit under subparagraph (i) of this paragraph and the payment fully satisfies the claim, the landlord shall forfeit the right to make a claim under the surety bond for any damages covered by the tenant's payment or the amount deducted from the tenant's security deposit in accordance with subparagraph (i) of this paragraph.

(9)(i) The tenant may dispute the landlord's claim to the surety by sending a written response by first-class mail to the surety within 10 days after receiving the landlord's claim on the surety.

(ii) If the tenant disputes the claim, the surety may not report the claim to a credit reporting agency prior to obtaining a judgment for the claim against the tenant.

(10) In any proceeding brought by the surety against the tenant on a surety bond under this subsection:

(i) The tenant shall retain all rights and defenses otherwise available in a proceeding between a tenant and a landlord under this section; and

ii) Damages may only be awarded to the surety to the extent that the tenant would have been liable to the landlord under this section.

(11)(i) If a landlord's interest in the leased premises is sold or transferred, the new landlord shall accept the tenant's surety bond and may not require:

1. During the current lease term, an additional security deposit from the tenant; or

2. At any lease renewal, a surety bond or a security deposit from the tenant that, in addition to any existing surety bond or security deposit, is in an aggregate amount in excess of two months' rent per dwelling unit.

(ii) If the aggregate amount described in subparagraph (i)2 of this paragraph is in excess of two months' rent, the tenant may recover up to three times the extra amount charged, plus reasonable attorney's fees.

(12)(i) If a landlord fails to comply with the requirements of this subsection, the landlord forfeits the right to make any claim against the surety bond.

(ii) If a surety fails to comply with the requirements of this subsection, the surety forfeits the right to make any claim against a tenant under the surety bond.

(13) If a surety, in an action against the tenant, asserts a claim under the surety bond without having a reasonable basis to assert the claim, the court may grant the tenant damages of up to three times the amount claimed plus reasonable attorney's fees.

(14) A surety bond issued under this subsection may only be issued by an admitted carrier licensed by the Maryland Insurance Administration.

(j) No provision of this section may be waived in any lease.

Sec. 8-203.1. Receipt for security deposit.

(a) Contents. A receipt for a security deposit shall notify the tenant of the following:

(1) The right to have the dwelling unit inspected by the landlord in the tenant's presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant's occupancy;

(2) The right to be present when the landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant's intended move, of the tenant's intention to move, the date of moving, and the tenant's new address;

(3) The landlord's obligation to conduct the inspection within 5 days before or after the tenant's stated date of intended moving;

(4) The landlord's obligation to notify the tenant in writing of the date of the inspection;

(5) The tenant's right to receive, by first class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy;

(6) The obligation of the landlord to return any unused portion of the security deposit, by first class mail, addressed to the tenant's last known address within 45 days after the termination of the tenancy; and

(7) A statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney's fees.

(b) The landlord shall retain a copy of the receipt for a period of 2 years after the termination of the tenancy, abandonment of the premises, or eviction of the tenant, as the case may be.

(c) The landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt for the security deposit.
(Ord. 2003-7 § 1 (part), 2003: prior code § 6-411)

6.16.130 Utilities transfer.

The following provisions apply to any transfer or conversion of responsibility for utility payments from the landlord to the tenant, including submetering systems.
A. No landlord may transfer responsibility for utility payments to an existing tenant unless the tenant receives written notice at least 3 months prior to the effective date of the transfer. Written notice may be delivered to the tenant by any reasonable means, including mailing by U.S. Postal Service or personal delivery. The landlord shall certify in writing to the Department, the date and to whom the notice was mailed or delivered, and the names and apartment numbers of each tenant who was given the notice. In addition, the landlord shall provide copies of the utility transfer notices to the Department.
B. The notice of the utility transfer must contain the notice of reduction in the affected tenant’s rent in an amount commensurate with the average monthly utility consumption for the rental unit during the previous 24 months at the utility rate in effect at the time of the conversion.
1. If prior to the transfer rental units were metered individually, the reduction in rent shall be commensurate with the actual utility consumption of the unit for the previous 24 months at the utility rate at the time of conversion.
2. If prior to the transfer rental units were not individually metered, the reduction in rent shall be commensurate with the average actual utility consumption per unit for the previous 24 months, less common area utility expenses, or shall be based upon reasonable factors such as unit size, unit location and other relevant physical characteristics of the unit, at the reasonable determination of the landlord.
3. The reduction shall be in the form of a monthly reduction in rent at the beginning of the first rental payment period following the effective date of the transfer.
C. Leases negotiated during the 3-month notice period in subsection (A) of this section shall include a written disclosure of the landlord’s intent to transfer or convert responsibility for utility payments to the tenant during the term of the lease.
1. Failure to make this disclosure shall be grounds for termination of the lease by the tenant.
2. For the purpose of this section, the term “intent” shall be construed to mean having entered into a contract for the installation of submeters or individual meters or having applied for electrical permits for such installation.
3. At least 2 weeks prior to the effective date of the transfer, the landlord shall notify the tenant of the effective date of the transfer and provide the tenant with necessary information to establish an individual utility account.
D. The date of transfer of financial responsibility for utilities shall be at the beginning of a rent payment period, unless otherwise agreed upon by, the landlord and the tenant.
E. This section shall not be construed to provide a remedy for temporary interruption of service or equipment otherwise maintained by the landlord. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-412)

6.16.140 Entry.

A. Notice of Intent to Enter.
1. The landlord shall provide the tenant with at least 48 hours written notification of the intent of the landlord or authorized person to enter the rental unit. The notice shall contain the date, approximate timeframe of intended entry, the purpose of the intended entry and the telephone number of the landlord or managing agent. The tenant shall not unreasonably withhold consent to enter.
2. If the tenant has requested repairs, the landlord may enter the rental unit to make such repairs without written notice if the repairs take place within 2 weeks of the tenant’s request.
B. Types of Entry.
1. Emergency Entry. In the case of an emergency, the landlord or other person authorized by the landlord has a right to enter the rental unit without giving prior notice of intent to enter. The landlord shall make a reasonable effort to contact the tenant regarding the emergency and of the intent to enter the rental unit to address the emergency.
2. Routine Entry. In cases other than emergencies, the landlord shall only enter the rental unit to inspect the premises, to perform routine maintenance, to make necessary or agreed upon repairs, decorations, alterations or improvements, supply necessary or agreed upon services, or to show the rental unit to prospective or actual purchasers, tenants, mortgagees, real estate agents, workers or contractors.
3. Entry for City Property Maintenance Code Inspections. The City shall have the right to conduct property maintenance inspections in accordance with the Property Maintenance Code. The landlord shall provide the tenant with a 48-hour written notice of such inspection in accordance with the Property Maintenance Code.
C. Report of Entry. If the tenant is not present at the time of entry into the rental unit, the landlord shall leave a written report in plain view in the rental unit. Such report shall contain the following information:
1. The names of all individuals who entered the premises;
2. The date and time of such entry;
3. The reason for entry and work performed, if any;
4. The time of departure;
5. The address and telephone number of the landlord.
D. Lock Boxes. No lock boxes are permitted which provide access to any individual rental unit. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-413)

6.16.150 Notice to vacate.

A. Landlord Rights and Responsibilities. Under the circumstances specified below, the landlord has the right to give a tenant a written notice to vacate. The date the notice is received shall be considered part of the required time period for the notice. The tenant shall vacate the premises no later than the date specified in the notice to vacate.
1. Notice to Vacate for Cause. A landlord wishing to terminate a tenancy and repossess a rental unit because the tenant materially breaches the lease shall give the tenant prior to the rent due date one month’s written notice to vacate. The written notice to vacate must clearly specify the material breach for which the tenancy is being terminated. Whenever the tenant fails to pay the rent when due and payable, it shall be lawful for the landlord to repossess the rental unit, in accordance with the applicable provisions and procedures of Maryland law, and the one month’s written notice required hereunder does not apply.
2. No Fault Notice to Vacate. A landlord wishing to terminate a tenancy without stating a reason or a cause and to repossess a rental unit in the case of a month-to-month tenancy or any tenancy for a term of less than one year shall give the tenant, prior to the rent due date, 2 months’ written notice to vacate.
3. Notice to Vacate at End of Lease. A landlord wishing to terminate a tenancy and repossess a rental unit in the case of a year-to-year tenancy or any tenancy for a term of one year or more shall give the tenant prior to the rent due date 2 months written notice before the expiration of the current year of the tenancy. The notice must specify that the tenancy will terminate at the end of the lease term.
B. Tenant Rights and Responsibilities. Under the circumstances specified below, a tenant has the right to give a landlord a notice that the tenant intends to vacate the rental unit. Such notice must be in writing. The date of receipt shall be considered part of the required time period for the notice. The tenant shall vacate the premises no later than the date specified in the notice of intent to vacate.
1. Notice to Vacate at End of Term of Tenancy. A tenant wishing to vacate a rental unit at the end of the lease term shall give a landlord prior to the rent due date a one-month written notice of intent to vacate. Any lease provision that requires more than a one-month notice is invalid.
2. Notice to Vacate for Reasonable Cause Beyond the Tenant’s Control. A tenant wishing to vacate pursuant to Section 6.16.070(G) (lease requirements) shall give the landlord prior to the rent due date a one-month written notice of intent to vacate. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-414)

6.16.160 Illegal rent or fee.

No landlord shall impose or attempt to impose an illegal rent or fee. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-415)

6.16.170 Defective tenancy.

No landlord or tenant shall create or maintain a defective tenancy.
A. Tenant Complaints. If any affected tenant has reason to believe that a defective tenancy exists or has existed in his or her rental unit or in the common areas of the rental facility in which the rental unit is located, after he or she has given the landlord written notice of the defect and the landlord has not rectified the defect or made good-faith efforts to do so within one week after the notice was given, the affected tenant may file a Commission complaint. If the tenant can prove by competent testimony or other evidence that the landlord had actual notice of the defect, it shall not be necessary for the tenant to provide a written notice to the landlord.
B. Landlord Complaints. If any landlord has reason to believe that a defective tenancy has been created or permitted to exist by a tenant, has given the tenant written notice complaining of the defect in the tenant’s unit or in the common areas(s) of the rental facility in which the rental unit is located and the tenant has not rectified the defect or made good-faith efforts to do so within one week after the notice was given, the landlord may file a Commission complaint. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-416)

6.16.180 Retaliatory practices.

The provisions of Section 8-208.1. Retaliatory Eviction of the Real Property Article of the Annotated Code of Maryland, as amended, are incorporated by reference as follows:

Section 8-208.1. Retaliatory evictions.

(a) Prohibited evictions.-- No landlord shall evict a tenant of any residential property or arbitrarily increase the rent or decrease the services to which the tenant has been entitled for any of the following reasons:

(1) Solely because the tenant or the tenant’s agent has filed a good faith written complaint, or complaints, with the landlord or with any public agency or agencies against the landlord;

(2) Solely because the tenant or the tenant’s agent has filed a lawsuit, or lawsuits, against the landlord; or

(3) Solely because the tenant is a member or organizer of any tenants’ organization.

(b) “Retaliatory evictions” defined.-- Evictions described in subsection (a) of this section shall be called “retaliatory evictions.”

(1) If in any eviction proceeding the judgment be in favor of the tenant for any of the aforementioned defenses, the court may enter judgment for reasonable attorney fees and court costs against the landlord.

(2) If in any eviction proceeding the court finds that a tenant’s assertion of a retaliatory eviction defense was in bad faith or without substantial justification, the court may enter judgment for reasonable attorney fees and court costs against the tenant.

(d) Conditions for relief.-- The relief provided under this section is conditioned upon:

(1) In the case of tenancies measured by a period of one month or more, the court having not entered against the tenant more than 3 judgments of possession for rent due and unpaid in the 12-month period immediately prior to the initiation of the action by the tenant or by the landlord.

(2) In the case of tenancies requiring the weekly payment of rent, the court having not entered against the tenant more than 5 judgments of possession for rent due and unpaid in the 12-month period immediately prior to the initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the premises 6 months or less, the court having not entered against the tenant 3 judgments of possession for rent due and unpaid.

(e) Evictions not deemed “retaliatory evictions.”--No eviction shall be deemed to be a “retaliatory eviction” for purposes of this section upon the expiration of a period of 6 months following the determination of the merits of the initial case by a court (or administrative agency) of competent jurisdiction.

(f) Rights not affected.-- Nothing in this section may be interpreted to alter the landlord’s or the tenant’s rights to terminate or not renew a tenancy governed by a written lease for a stated term of greater than 1 month at the expiration of the term or at any other time as the parties may specifically agree.

(g) In the event any county or Baltimore City shall have enacted an ordinance comparable in subject matter to this section, that ordinance shall supercede the provisions of this section.

(Ord. 2003-7 § 1 (part), 2003: prior code § 6-417)

6.16.190 Department investigation and conciliation.

The Department is authorized to investigate and conciliate any alleged or apparent violation of this chapter or any complaints filed under this chapter. The Department shall, whenever possible, offer to facilitate with resolution of landlord tenant disputes. In connection with this authority, all landlords and tenants shall be required to make available to the Department for inspection, at reasonable times, all rental facilities and records necessary for enforcement of this chapter. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-418)

6.16.200 Landlord-tenant complaints.

A complaint alleging a violation of this chapter may be filed with the Commission on Landlord Tenant Affairs in accordance with Section 6.24.060, as amended. (Ord. 2003-7 § 1 (part), 2003: prior code § 6-419)

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