WES MOORE, Governor Ch. 125
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Chapter 125
(House Bill 1117)
AN ACT concerning
Landlord and Tenant – Failure to Repair Serious and Dangerous Defects –
Tenant Remedies
(Tenant Safety Act of 2024)
FOR the purpose of establishing that a landlord that offers a dwelling for rent is deemed to
warrant the dwelling fit for human habitation; clarifying that certain mold hazards
constitute dangerous conditions and defects for which a tenant may obtain relief;
authorizing multiple tenants to join as plaintiffs in the same civil action against a
landlord and authorizing a court to issue an order for separate trials or any other
orders necessary to prevent delay or avoid prejudice; establishing that, prior to a
certain court order, there is a rebuttable presumption that a tenant is entitled to
have a court adjudicate a request for rent abatement; establishing a rebuttable
presumption related to the abatement of prospective rent and the requirements for
rent escrow; establishing a rebuttable presumption that limits rent escrow payments
to rent that is due and unpaid subsequent to a court order; authorizing the award of
attorney’s fees, costs, and expenses related to litigation and a to a certain tenant who
prevails in certain actions; authorizing a court to enter a certain judgment in favor of
a landlord for attorney’s fees, costs, and expenses related to litigation under certain
circumstances; establishing that certain local laws preempt certain provisions of this
Act; authorizing certain remedies for a tenant if a landlord breaches the warranty of
habitability; providing that a landlord may raise certain defenses in a civil action
related to the breach of the warranty of habitability; providing that a court may order
certain relief in civil actions related to the breach of the warranty of habitability,
including actual damages, abatement of rent due and unpaid, and the termination
of a lease; and generally relating to remedies for a landlord’s failure to repair serious
and dangerous defects.
BY repealing and reenacting, with amendments,
Article – Real Property
Section 8–211
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Real Property
Section 8–212
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows: Ch. 125 2024 LAWS OF MARYLAND
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Article – Real Property
8–211.
(a) (1) The purpose of this section is to provide tenants with a mechanism for
encouraging the repair of serious and dangerous defects which exist within or as part of
any residential dwelling unit, or [upon the] ON property used in common of which the
dwelling unit forms a part.
(2) The defects sought to be reached by this section are those which present
a substantial and serious threat of danger to the life, health, and safety of the occupants of
the dwelling unit, and not those which merely impair the aesthetic value of the premises,
or which are, in those locations governed by such codes, housing code violations of a
nondangerous nature.
(3) The intent of this section is not to provide a remedy for dangerous
conditions in the community at large which exists apart from the leased premises or the
property in common of which the leased premises forms a part.
(b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be
imposed [upon those who allow] ON A LANDLORD THAT A LLOWS dangerous conditions
and defects to exist in leased premises, and that an effective mechanism be established for
repairing these conditions and halting their creation.
(c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose
of human habitation within the State [of Maryland. This section does not apply to farm
tenancies.
(d) This section applies to all applicable dwelling units] whether they are [(1)
publicly]:
(I) PUBLICLY or privately owned; or [(2) single]
(II) SINGLE or multiple units.
(2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES.
[(e)] (D) [This section provides a remedy and imposes an obligation upon ON
landlords] A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT ,
WHETHER BY WRITTEN O R ORAL LEASE OR AGRE EMENT, SHALL BE DEEMED TO
WARRANT THAT THE RES IDENTIAL DWELLING UN IT IS FIT FOR HUMAN HABITATION
AND THAT THE LANDLOR D IS OBLIGATED to repair and eliminate conditions and defects WES MOORE, Governor Ch. 125
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which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and
substantial threat to the life, health, or safety of occupants, including[, but not limited to]:
(1) Lack of heat, light, electricity, or hot or cold running water, except
where the tenant is responsible for the payment of the utilities and the lack thereof is the
direct result of the tenant’s failure to pay the charges;
(2) Lack of adequate sewage disposal facilities;
(3) Infestation of rodents in two or more dwelling units;
(4) The existence of any structural defect which presents a serious and
substantial threat to the physical safety of the occupants; [or]
(5) The existence of any condition which presents a health or fire hazard to
the dwelling unit; OR
(6) THE EXISTENCE OF MOLD IN A DWELLING UNIT T HAT PRESENTS A
SERIOUS AND SUBSTANT IAL THREAT TO THE HE ALTH OF THE OCCUPANT S.
[(f)] (E) (1) This section does not [provide a remedy for the] APPLY TO A
landlord’s failure to repair and eliminate minor defects or, in those locations governed by
such codes, housing code violations of a nondangerous nature.
(2) There is a rebuttable presumption that the following conditions, when
they do not present a serious and substantial threat to the life, health, and safety of the
occupants, are not covered by this section:
[(1)] (I) Any defect which merely reduces the aesthetic value of the leased
premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative
amenities;
[(2)] (II) Small cracks in the walls, floors, or ceilings;
[(3)] (III) The absence of linoleum or tile [upon] ON the floors, provided
that they are otherwise safe and structurally sound; or
[(4)] (IV) The absence of air conditioning.
[(g)] (F) (1) In order to employ the remedies provided by this section, the
tenant shall notify the landlord of the existence of the defects or conditions.
(2) Notice shall be given by [(1) a]:
Ch. 125 2024 LAWS OF MARYLAND
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(I) A written communication sent by certified mail listing the
asserted conditions or defects[, or (2) actual];
(II) ACTUAL notice of the defects or conditions[,]; or [(3) a]
(III) A written violation, condemnation or other notice from an
appropriate State, county, municipal, or local government agency stating the asserted
conditions or defects.
[(h)] (G) (1) The landlord has a reasonable time after receipt of notice in
which to make the repairs or correct the conditions.
(2) The length of time deemed to be reasonable is a question of fact for the
court, taking into account the severity of the defects or conditions and the danger which
they present to the occupants.
(3) There is a rebuttable presumption that a period in excess of 30 days
from receipt of notice is unreasonable.
[(i)] (H) (1) If the landlord refuses to make the repairs or correct the
conditions, or if after a reasonable time the landlord has failed to do so, the tenant may
[bring] TAKE ONE OR BOTH OF THE FOLLOWING ACTION S:
(I) BRING an action of rent escrow to pay rent into court because of
the asserted defects or conditions[, or the tenant may refuse]; AND
(II) REFUSE to pay rent and raise the existence of the asserted
defects or conditions as an affirmative defense, IN ADDITION TO ANY OTHE R DEFENSE,
to an action for distress for rent or to any complaint proceeding brought by the landlord to
recover rent or the possession of the leased premises.
(2) (I) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION
UNDER THIS SECTION IN ACCORDANC E WITH THE MARYLAND RULES ON JOINDER .
(II) THE COURT MAY ORDER S EPARATE TRIALS OR IS SUE ANY
OTHER ORDER NECESSAR Y TO PREVENT DELAY O R AVOID PREJUDICE .
(I) (1) THERE IS A REBUTTABLE PRESUMPTION THAT :
(1) A A TENANT IS ENTITLED TO THE ADJUDICATION OF A REQUEST
FOR RENT ABATEMENT ;.
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(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AN D
SUBSECTION (M) OF THIS SECTION, THERE IS A REBUTTABL E PRESUMPTION THAT A
TENANT:
1. IS IS ENTITLED TO AN ABATE MENT OF PROSPECTIVE
RENT; AND
2. MAY NOT BE REQUIRED T O PAY INTO ESCROW MO RE
THAN 50% OF THE AMOUNT OF REN T REQUIRED BY THE LE ASE IN AN AMOUNT TO BE
DETERMINED BY THE CO URT.
(II) A DETERMINATION UNDER THIS PARAGRAPH IS WI THOUT
PREJUDICE TO A FINAL DISPOSITION OF RENT THAT IS DUE AND UNPAID TO THE
LANDLORD.
(3) THERE IS A REBUTTABLE PRESUMPTION THAT A C OURT ORDER
REQUIRING RENT ESCRO W IS LIMITED TO THE PAYMENT OF RENT THAT IS DUE AND
UNPAID SUBSEQUENT TO THE COURT ORDER .
(4) A PARTY MAY REQUEST TH AT THE COURT ADJUST THE AMOUNT
OF RENT THAT A TENAN T PAYS INTO COURT AT ANY TIME.
(5) IF A TENANT ALLEGES T HAT A DEFECT OR COND ITION EXISTS AT
THE LEASED PREMISES AT A TRIAL FOR FAILU RE TO PAY RENT , THE COURT MAY
GRANT A POSTPONEMENT ON REQUEST OF EITHER PARTY IN O RDER FOR THE
PARTIES TO PROVIDE E VIDENCE AND ADDITION AL INFORMATION REGAR DING THE
ALLEGED DEFECT OR CO NDITION.
(j) (1) Whether the issue of rent escrow is raised affirmatively or defensively,
the tenant may request one or more of the forms of relief set forth in this section.
(2) In addition to any other relief sought, if within 90 days after the court
finds that the conditions complained of by the tenant exist AND the landlord has not made
the repairs or corrected the conditions complained of, the tenant may file a petition of
injunction in the District Court requesting the court to order the landlord to make the
repairs or correct the conditions.
(k) Relief under this section is conditioned on:
(1) Giving proper notice, and where appropriate, the opportunity to correct,
as described [by] IN subsection [(h)] (G) of this section;
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(2) Payment by the tenant[, into court,] of the amount of rent required by
the lease INTO THE COURT , unless this amount is modified by the court as provided in
subsection (I) OR (m) of this section;
(3) In the case of tenancies measured by a period of [one] 1 month or more,
the court having not entered against the tenant three prior 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; and
(4) In the case of periodic tenancies measured by the weekly payment of
rent, the court having not entered against the tenant more than five 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 [six] 6 months or less, the court having not entered against the tenant three
judgments of possession for rent due and unpaid.
(l) It is a sufficient defense to the allegations of the tenant that the tenant, the
tenant’s family, agent, employees, or assignees or social guests have caused the asserted
defects or conditions, or that the landlord or the landlord’s agents were denied reasonable
and appropriate entry for the purpose of correcting or repairing the asserted conditions or
defects.
(m) The court shall make appropriate findings of fact and make any order that the
justice of the case may require, including any one or a combination of the following:
(1) Order the termination of the lease and return of the leased premises to
the landlord, subject to the tenant’s right of redemption;
(2) Order that the action for rent escrow be dismissed;
(3) Order that the amount of rent required by the lease, whether paid into
court or to the landlord, be abated and reduced in an amount determined by the court to be
fair and equitable to represent the existence of the conditions or defects found by the court
to exist; or
(4) Order the landlord to make the repairs or correct the conditions
complained of by the tenant and found by the court to exist.
(n) (1) After rent escrow has been established, the court:
[(1)] (I) Shall, after a hearing, if so ordered by the court or one is
requested by the landlord, order that the money in the escrow account be disbursed to the
landlord after the necessary repairs have been made;
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[(2)] (II) May, after an appropriate hearing, order that some or all money
in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the
tenant’s agent, or any other appropriate person or agency for the purpose of making the
necessary repairs of the dangerous conditions or defects;
[(3)] (III) May, after a hearing if one is requested by the landlord, appoint
a special administrator who shall cause the repairs to be made, and who shall apply to the
court to pay for them out of the money in the escrow account;
[(4)] (IV) May, after an appropriate hearing, order that some or all money
in the escrow account be disbursed to pay any mortgage or deed of trust on the property in
order to stay a foreclosure;
[(5)] (V) May, after a hearing, if one is requested by the tenant, order, if
no repairs are made or if no good faith effort to repair is made within [six] 6 months of the
initial decision to place money in the escrow account, that the money in the escrow account
be disbursed to the tenant THAT HAVE PAID INTO ESCROW[. Such an order will not
discharge the right on the part of the tenant to pay rent into court and an appeal will stay
the forfeiture]; or
[(6)] (VI) May, after an appropriate hearing, order that the money in the
escrow account be disbursed to the landlord if the tenant does not regularly pay, into that
account, the rent owed.
(2) AN ORDER ISSUED UNDER PARAGRAPH (1)(V) OF THIS
SUBSECTION:
(I) DOES NOT AFFECT THE R IGHT OF A TENANT TO PAY RENT
INTO COURT; AND
(II) MAY BE STAYED ON APPE AL BY THE LANDLORD .
(O) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN ACTION
UNDER THIS SECTION , THE TENANT MAY RECOV ER:
(1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND
(2) REASONABLE EXPENSES R ELATED TO LITIGATION , SUCH AS
EXPENSES FOR A MOLD ASSESSMENT AT THE RE SIDENCE OF THE TENAN T.
(P) IF A COURT FINDS THAT A COMPLAINT FILED BY A TENANT UNDER THIS
SECTION IS IN BAD FA ITH OR WITHOUT SUBSTANTIAL JUSTIFICATION, THE COURT
MAY ENTER A JUDGMENT IN FAVOR OF THE LAND LORD FOR:
(1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND Ch. 125 2024 LAWS OF MARYLAND
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(2) EXPENSES RELATED TO L ITIGATION.
[(o)] (P) (Q) Except as provided in § 8–211.1(e) of this subtitle, [in the event any
county or Baltimore City is subject to a public local law or has enacted an ordinance or
ordinances comparable in subject matter to this section, commonly referred to as a “Rent
Escrow Law”, any such ordinance or ordinances shall supersede the provisions of this
section] THIS SECTION SHALL SUPERS EDE ANY LOCAL LAW OR ORDINANCE
COMPARABLE IN SUBJEC T MATTER TO THIS SEC TION EXCEPT TO THE EXTENT THAT
THE LOCAL LAW OR ORD INANCE PROVIDES BROA DER APPLICABILITY OR MORE
PROTECTIONS FOR TENA NTS THAN THIS SECTION.
8–212.
(A) IN THIS SECTION , “WARRANTY OF HABITABI LITY” MEANS THE
WARRANTY BY A LANDLO RD DESCRIBED UNDER § 8–211 OF THIS SUBTITLE.
(A) IN THIS SECTION , “FIT FOR HUMAN HABITA TION” MEANS THAT A
DWELLING UNIT AND PR OPERTY OF WHICH THE DWELLING UNIT IS A P ART ARE FREE
FROM SERIOUS DEFECTS OR CONDITIONS THAT C ONSTITUTE, OR WILL CONSTITUTE
IF NOT PROMPTLY CORR ECTED, A FIRE HAZARD OR OTH ER SERIOUS AND
SUBSTANTIAL THREAT T O THE LIFE, HEALTH, OR SAFETY OF OCCUPAN TS OF THE
DWELLING UNIT .
(B) THIS SECTION APPLIES TO LANDLORDS , TENANTS, AND RESIDENTIAL
DWELLING UNITS THAT ARE SUBJECT TO § 8–211 OF THIS SUBTITLE .
(C) A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT ,
WHETHER BY WRITTEN O R ORAL LEASE AGREEME NT, SHALL BE DEEMED TO
WARRANT THAT THE DWELLI NG UNIT IS FIT FOR H UMAN HABITATION .
(D) THE WARRANTY OF HABIT ABILITY UNDER THIS S ECTION EXISTS AT THE
BEGINNING OF THE TEN ANCY AND CONTINUES T HROUGHOUT THE TERM O F THE
TENANCY.
(E) RELIEF FOR BREACH OF THE WARRANTY OF HABI TABILITY UNDER THIS
SECTION MAY NOT BE C ONDITIONED ON PAYMEN T BY THE TENANT OF R ENT INTO
ESCROW WITH THE COUR T.
(D) (1) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS
SECTION, A TENANT SHALL NOTIF Y THE LANDLORD OF TH E EXISTENCE OF THE
DEFECTS OR CONDITION S IN ACCORDANCE WITH § 8–211 OF THIS SUBTITLE.
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(F) (1) (I) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS
SECTION, THE TENANT SHALL NOT IFY THE LANDLORD OF THE EXISTENCE OF
DEFECTS OR CONDITION S.
(II) NOTICE SHALL BE GIVEN BY:
1. A WRITTEN COMMUNICATION SENT B Y CERTIFIED
MAIL LISTING THE ASS ERTED DEFECTS OR CON DITIONS;
2. ACTUAL NOTICE OF THE DEFECTS OR CONDITION S;
OR
3. A WRITTEN VIOLATION , CONDEMNATION , OR OTHER
NOTICE FROM AN APPRO PRIATE STATE, COUNTY, MUNICIPAL, OR LOCAL
GOVERNMENT AGENCY ST ATING THE ASSERTED D EFECTS OR CONDITIONS .
(2) WITHIN A REASONABLE P ERIOD OF TIME AFTER RECEIPT OF
NOTICE UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE LANDLORD SHALL M AKE
THE REPAIRS OR CORRE CT THE CONDITIONS IN ACCORDANCE WITH § 8–211(G) OF
THIS SUBTITLE.
(E) (G) (1) IF A LANDLORD BREACHE S THE WARRANTY OF
HABITABILITY UNDER § 8–211 OF THIS SUBTITLE THIS SECTION AND REFUSES TO
MAKE THE REPAIRS OR CORRECT THE CONDITIO NS, OR IF AFTER A REASON ABLE
TIME THE LANDLORD HA S FAILED TO DO SO, THE TENANT MAY :
(I) BRING AN ACTION FOR D AMAGES AND THE ABATE MENT OF
RENT AGAINST THE LAN DLORD; AND
(II) REFUSE TO PAY RENT AN D RAISE THE EXISTENC E OF THE
ASSERTED DEFECTS OR CONDITIONS AS AN AFF IRMATIVE DEFENSE TO AN ACTION
OF DISTRESS FOR RENT OR TO ANY OTHER ACTION BROUGHT BY THE LANDL ORD TO
RECOVER RENT OR THE POSSESSION OF THE LE ASED PREMISES .
(2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION
UNDER THIS SUBSECTIO N IN ACCORDANCE WITH THE MARYLAND RULES ON
JOINDER.
(3) THE REMEDIES U NDER THIS SUBSECTION ARE IN ADDITION TO
ANY OTHER REMEDIES P ROVIDED BY LAW .
(F) (H) IT IS A DEFENSE TO A CLAIM UNDER THIS SEC TION THAT:
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(1) THE TENANT , THE TENANT ’S FAMILY, AGENT, EMPLOYEES,
ASSIGNEES, OR SOCIAL GUESTS CAU SED THE ASSERTED DEF ECTS OR CONDITIONS;
OR
(2) THE LANDLORD OR THE L ANDLORD’S AGENTS WERE DENIED
REASONABLE AND APPRO PRIATE ENTRY FOR THE PURPOSE OF CORRECTIN G OR
REPAIRING THE ASSERT ED CONDITIONS OR DEF ECTS.
(G) (I) THE COURT SHALL MAKE APPROPRIATE FINDINGS OF FACT AND
ISSUE ANY ORDER THAT THE JU STICE OF THE CASE MA Y REQUIRE, INCLUDING
ORDERING ANY OF THE FOLLOWING:
(1) AN AWARD OF ACTUAL DA MAGES;
(2) AN ABATEMENT OF RENT DUE AND UNPAID ; OR
(3) THE TERMINATION OF TH E LEASE, RETURN OF ANY UNUSED
PORTION OF A SECURIT Y DEPOSIT TO THE TENAN T, AND RELOCATION EXPEN SES
FOR A TENANT.
(H) (J) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN
ACTION UNDER THIS SECTION , THE TENANT MAY RECOV ER REASONABLE :
(1) ATTORNEY’S FEES AND COSTS ; AND
(2) EXPENSES RELATED TO L ITIGATION, SUCH AS EXPENSES FOR A
MOLD ASSESSMENT AT T HE RESIDENCE OF THE TENANT.
(K) IF A COURT FINDS THAT AN ACTION BROUGHT BY A TENANT UNDER THIS
SECTION IS IN BAD FA ITH OR WITHOUT SUBST ANTIAL JUSTIFICATION , THE COURT
MAY ENTER A JUDGMENT IN FAVOR OF A LANDLORD FOR :
(1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND
(2) EXPENSES RELATED TO L ITIGATION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.