MD
Maryland House Bill HB1117

Maryland 2024 Regular Session

Maryland House Bill HB1117 Compare Versions

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1- WES MOORE, Governor Ch. 125
21
3-– 1 –
4-Chapter 125
5-(House Bill 1117)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1117*
810
9-Landlord and Tenant – Failure to Repair Serious and Dangerous Defects –
10-Tenant Remedies
11-(Tenant Safety Act of 2024)
11+HOUSE BILL 1117
12+N1 (4lr1054)
13+ENROLLED BILL
14+— Environment and Transportation/Judicial Proceedings —
15+Introduced by Delegate Stewart Delegates Stewart, Addison, Allen, Boyce, Foley,
16+Healey, Lehman, J. Long, Love, Ruth, and Terrasa
1217
13-FOR the purpose of establishing that a landlord that offers a dwelling for rent is deemed to
14-warrant the dwelling fit for human habitation; clarifying that certain mold hazards
15-constitute dangerous conditions and defects for which a tenant may obtain relief;
16-authorizing multiple tenants to join as plaintiffs in the same civil action against a
17-landlord and authorizing a court to issue an order for separate trials or any other
18-orders necessary to prevent delay or avoid prejudice; establishing that, prior to a
19-certain court order, there is a rebuttable presumption that a tenant is entitled to
20-have a court adjudicate a request for rent abatement; establishing a rebuttable
21-presumption related to the abatement of prospective rent and the requirements for
22-rent escrow; establishing a rebuttable presumption that limits rent escrow payments
23-to rent that is due and unpaid subsequent to a court order; authorizing the award of
24-attorney’s fees, costs, and expenses related to litigation and a to a certain tenant who
25-prevails in certain actions; authorizing a court to enter a certain judgment in favor of
26-a landlord for attorney’s fees, costs, and expenses related to litigation under certain
27-circumstances; establishing that certain local laws preempt certain provisions of this
28-Act; authorizing certain remedies for a tenant if a landlord breaches the warranty of
29-habitability; providing that a landlord may raise certain defenses in a civil action
30-related to the breach of the warranty of habitability; providing that a court may order
31-certain relief in civil actions related to the breach of the warranty of habitability,
32-including actual damages, abatement of rent due and unpaid, and the termination
33-of a lease; and generally relating to remedies for a landlord’s failure to repair serious
34-and dangerous defects.
18+Read and Examined by Proofreaders:
3519
36-BY repealing and reenacting, with amendments,
37- Article – Real Property
38-Section 8–211
39- Annotated Code of Maryland
40- (2023 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
4124
42-BY adding to
43- Article – Real Property
44-Section 8–212
45- Annotated Code of Maryland
46- (2023 Replacement Volume)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
4726
48- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
49-That the Laws of Maryland read as follows: Ch. 125 2024 LAWS OF MARYLAND
27+_______ day of _______________ at ________________________ o’clock, ________M.
5028
51-– 2 –
29+______________________________________________
30+Speaker.
5231
53-Article – Real Property
32+CHAPTER ______
5433
55-8–211.
34+AN ACT concerning 1
5635
57- (a) (1) The purpose of this section is to provide tenants with a mechanism for
58-encouraging the repair of serious and dangerous defects which exist within or as part of
59-any residential dwelling unit, or [upon the] ON property used in common of which the
60-dwelling unit forms a part.
36+Landlord and Tenant – Failure to Repair Serious and Dangerous Defects – 2
37+Tenant Remedies 3
38+(Tenant Safety Act of 2024) 4
6139
62- (2) The defects sought to be reached by this section are those which present
63-a substantial and serious threat of danger to the life, health, and safety of the occupants of
64-the dwelling unit, and not those which merely impair the aesthetic value of the premises,
65-or which are, in those locations governed by such codes, housing code violations of a
66-nondangerous nature.
40+FOR the purpose of establishing that a landlord that offers a dwelling for rent is deemed to 5
41+warrant the dwelling fit for human habitation; clarifying that certain mold hazards 6
42+constitute dangerous conditions and defects for which a tenant may obtain relief; 7
43+authorizing multiple tenants to join as plaintiffs in the same civil action against a 8
44+landlord and authorizing a court to issue an order for separate trials or any other 9
45+orders necessary to prevent delay or avoid prejudice; establishing that, prior to a 10
46+certain court order, there is a rebuttable presumption that a tenant is entitled to 11
47+have a court adjudicate a request for rent abatement; establishing a rebuttable 12
48+presumption related to the abatement of prospective rent and the requirements for 13
49+rent escrow; establishing a rebuttable presumption that limits rent escrow payments 14 2 HOUSE BILL 1117
6750
68- (3) The intent of this section is not to provide a remedy for dangerous
69-conditions in the community at large which exists apart from the leased premises or the
70-property in common of which the leased premises forms a part.
7151
72- (b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be
73-imposed [upon those who allow] ON A LANDLORD THAT A LLOWS dangerous conditions
74-and defects to exist in leased premises, and that an effective mechanism be established for
75-repairing these conditions and halting their creation.
52+to rent that is due and unpaid subsequent to a court order; authorizing the award of 1
53+attorney’s fees, costs, and expenses related to litigation and a to a certain tenant who 2
54+prevails in certain actions; authorizing a court to enter a certain judgment in favor of 3
55+a landlord for attorney’s fees, costs, and expenses related to litigation under certain 4
56+circumstances; establishing that certain local laws preempt certain provisions of this 5
57+Act; authorizing certain remedies for a tenant if a landlord breaches the warranty of 6
58+habitability; providing that a landlord may raise certain defenses in a civil action 7
59+related to the breach of the warranty of habitability; providing that a court may order 8
60+certain relief in civil actions related to the breach of the warranty of habitability, 9
61+including actual damages, abatement of rent due and unpaid, and the termination 10
62+of a lease; and generally relating to remedies for a landlord’s failure to repair serious 11
63+and dangerous defects. 12
7664
77- (c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
78-SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose
79-of human habitation within the State [of Maryland. This section does not apply to farm
80-tenancies.
65+BY repealing and reenacting, with amendments, 13
66+ Article – Real Property 14
67+Section 8–211 15
68+ Annotated Code of Maryland 16
69+ (2023 Replacement Volume) 17
8170
82- (d) This section applies to all applicable dwelling units] whether they are [(1)
83-publicly]:
71+BY adding to 18
72+ Article – Real Property 19
73+Section 8–212 20
74+ Annotated Code of Maryland 21
75+ (2023 Replacement Volume) 22
8476
85- (I) PUBLICLY or privately owned; or [(2) single]
77+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
78+That the Laws of Maryland read as follows: 24
8679
87- (II) SINGLE or multiple units.
80+Article – Real Property 25
8881
89- (2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES.
82+8–211. 26
9083
91- [(e)] (D) [This section provides a remedy and imposes an obligation upon ON
92-landlords] A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT ,
93-WHETHER BY WRITTEN O R ORAL LEASE OR AGRE EMENT, SHALL BE DEEMED TO
94-WARRANT THAT THE RES IDENTIAL DWELLING UN IT IS FIT FOR HUMAN HABITATION
95-AND THAT THE LANDLOR D IS OBLIGATED to repair and eliminate conditions and defects WES MOORE, Governor Ch. 125
84+ (a) (1) The purpose of this section is to provide tenants with a mechanism for 27
85+encouraging the repair of serious and dangerous defects which exist within or as part of 28
86+any residential dwelling unit, or [upon the] ON property used in common of which the 29
87+dwelling unit forms a part. 30
9688
97-– 3 –
98-which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and
99-substantial threat to the life, health, or safety of occupants, including[, but not limited to]:
89+ (2) The defects sought to be reached by this section are those which present 31
90+a substantial and serious threat of danger to the life, health, and safety of the occupants of 32
91+the dwelling unit, and not those which merely impair the aesthetic value of the premises, 33
92+or which are, in those locations governed by such codes, housing code violations of a 34
93+nondangerous nature. 35
10094
101- (1) Lack of heat, light, electricity, or hot or cold running water, except
102-where the tenant is responsible for the payment of the utilities and the lack thereof is the
103-direct result of the tenant’s failure to pay the charges;
95+ (3) The intent of this section is not to provide a remedy for dangerous 36
96+conditions in the community at large which exists apart from the leased premises or the 37
97+property in common of which the leased premises forms a part. 38 HOUSE BILL 1117 3
10498
105- (2) Lack of adequate sewage disposal facilities;
10699
107- (3) Infestation of rodents in two or more dwelling units;
108100
109- (4) The existence of any structural defect which presents a serious and
110-substantial threat to the physical safety of the occupants; [or]
101+ (b) It is the public policy of [Maryland] THE STATE that meaningful sanctions be 1
102+imposed [upon those who allow] ON A LANDLORD THAT A LLOWS dangerous conditions 2
103+and defects to exist in leased premises, and that an effective mechanism be established for 3
104+repairing these conditions and halting their creation. 4
111105
112- (5) The existence of any condition which presents a health or fire hazard to
113-the dwelling unit; OR
106+ (c) (1) [This] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5
107+SUBSECTION, THIS section applies to ALL residential dwelling units leased for the purpose 6
108+of human habitation within the State [of Maryland. This section does not apply to farm 7
109+tenancies. 8
114110
115- (6) THE EXISTENCE OF MOLD IN A DWELLING UNIT T HAT PRESENTS A
116-SERIOUS AND SUBSTANT IAL THREAT TO THE HE ALTH OF THE OCCUPANT S.
111+ (d) This section applies to all applicable dwelling units] whether they are [(1) 9
112+publicly]: 10
117113
118- [(f)] (E) (1) This section does not [provide a remedy for the] APPLY TO A
119-landlord’s failure to repair and eliminate minor defects or, in those locations governed by
120-such codes, housing code violations of a nondangerous nature.
114+ (I) PUBLICLY or privately owned; or [(2) single] 11
121115
122- (2) There is a rebuttable presumption that the following conditions, when
123-they do not present a serious and substantial threat to the life, health, and safety of the
124-occupants, are not covered by this section:
116+ (II) SINGLE or multiple units. 12
125117
126- [(1)] (I) Any defect which merely reduces the aesthetic value of the leased
127-premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative
128-amenities;
118+ (2) THIS SECTION DOES NOT APPLY TO FARM TENANC IES. 13
129119
130- [(2)] (II) Small cracks in the walls, floors, or ceilings;
120+ [(e)] (D) [This section provides a remedy and imposes an obligation upon ON 14
121+landlords] A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT , 15
122+WHETHER BY WRITTEN O R ORAL LEASE OR AGRE EMENT, SHALL BE DEEMED TO 16
123+WARRANT THAT THE RES IDENTIAL DWELLING UN IT IS FIT FOR HUMAN HABITATION 17
124+AND THAT THE LANDLOR D IS OBLIGATED to repair and eliminate conditions and defects 18
125+which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and 19
126+substantial threat to the life, health, or safety of occupants, including[, but not limited to]: 20
131127
132- [(3)] (III) The absence of linoleum or tile [upon] ON the floors, provided
133-that they are otherwise safe and structurally sound; or
128+ (1) Lack of heat, light, electricity, or hot or cold running water, except 21
129+where the tenant is responsible for the payment of the utilities and the lack thereof is the 22
130+direct result of the tenant’s failure to pay the charges; 23
134131
135- [(4)] (IV) The absence of air conditioning.
132+ (2) Lack of adequate sewage disposal facilities; 24
136133
137- [(g)] (F) (1) In order to employ the remedies provided by this section, the
138-tenant shall notify the landlord of the existence of the defects or conditions.
134+ (3) Infestation of rodents in two or more dwelling units; 25
139135
140- (2) Notice shall be given by [(1) a]:
141- Ch. 125 2024 LAWS OF MARYLAND
136+ (4) The existence of any structural defect which presents a serious and 26
137+substantial threat to the physical safety of the occupants; [or] 27
142138
143-– 4 –
144- (I) A written communication sent by certified mail listing the
145-asserted conditions or defects[, or (2) actual];
139+ (5) The existence of any condition which presents a health or fire hazard to 28
140+the dwelling unit; OR 29
146141
147- (II) ACTUAL notice of the defects or conditions[,]; or [(3) a]
142+ (6) THE EXISTENCE OF MOLD IN A DWELLING UNIT T HAT PRESENTS A 30
143+SERIOUS AND SUBSTANT IAL THREAT TO THE HE ALTH OF THE OCCUPANT S. 31
144+ 4 HOUSE BILL 1117
148145
149- (III) A written violation, condemnation or other notice from an
150-appropriate State, county, municipal, or local government agency stating the asserted
151-conditions or defects.
152146
153- [(h)] (G) (1) The landlord has a reasonable time after receipt of notice in
154-which to make the repairs or correct the conditions.
147+ [(f)] (E) (1) This section does not [provide a remedy for the] APPLY TO A 1
148+landlord’s failure to repair and eliminate minor defects or, in those locations governed by 2
149+such codes, housing code violations of a nondangerous nature. 3
155150
156- (2) The length of time deemed to be reasonable is a question of fact for the
157-court, taking into account the severity of the defects or conditions and the danger which
158-they present to the occupants.
151+ (2) There is a rebuttable presumption that the following conditions, when 4
152+they do not present a serious and substantial threat to the life, health, and safety of the 5
153+occupants, are not covered by this section: 6
159154
160- (3) There is a rebuttable presumption that a period in excess of 30 days
161-from receipt of notice is unreasonable.
155+ [(1)] (I) Any defect which merely reduces the aesthetic value of the leased 7
156+premises, such as the lack of fresh paint, rugs, carpets, paneling, or other decorative 8
157+amenities; 9
162158
163- [(i)] (H) (1) If the landlord refuses to make the repairs or correct the
164-conditions, or if after a reasonable time the landlord has failed to do so, the tenant may
165-[bring] TAKE ONE OR BOTH OF THE FOLLOWING ACTION S:
159+ [(2)] (II) Small cracks in the walls, floors, or ceilings; 10
166160
167- (I) BRING an action of rent escrow to pay rent into court because of
168-the asserted defects or conditions[, or the tenant may refuse]; AND
161+ [(3)] (III) The absence of linoleum or tile [upon] ON the floors, provided 11
162+that they are otherwise safe and structurally sound; or 12
169163
170- (II) REFUSE to pay rent and raise the existence of the asserted
171-defects or conditions as an affirmative defense, IN ADDITION TO ANY OTHE R DEFENSE,
172-to an action for distress for rent or to any complaint proceeding brought by the landlord to
173-recover rent or the possession of the leased premises.
164+ [(4)] (IV) The absence of air conditioning. 13
174165
175- (2) (I) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION
176-UNDER THIS SECTION IN ACCORDANC E WITH THE MARYLAND RULES ON JOINDER .
166+ [(g)] (F) (1) In order to employ the remedies provided by this section, the 14
167+tenant shall notify the landlord of the existence of the defects or conditions. 15
177168
178- (II) THE COURT MAY ORDER S EPARATE TRIALS OR IS SUE ANY
179-OTHER ORDER NECESSAR Y TO PREVENT DELAY O R AVOID PREJUDICE .
169+ (2) Notice shall be given by [(1) a]: 16
180170
181- (I) (1) THERE IS A REBUTTABLE PRESUMPTION THAT :
171+ (I) A written communication sent by certified mail listing the 17
172+asserted conditions or defects[, or (2) actual]; 18
182173
183- (1) A A TENANT IS ENTITLED TO THE ADJUDICATION OF A REQUEST
184-FOR RENT ABATEMENT ;.
185- WES MOORE, Governor Ch. 125
174+ (II) ACTUAL notice of the defects or conditions[,]; or [(3) a] 19
186175
187-– 5 –
188- (2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AN D
189-SUBSECTION (M) OF THIS SECTION, THERE IS A REBUTTABL E PRESUMPTION THAT A
190-TENANT:
176+ (III) A written violation, condemnation or other notice from an 20
177+appropriate State, county, municipal, or local government agency stating the asserted 21
178+conditions or defects. 22
191179
192- 1. IS IS ENTITLED TO AN ABATE MENT OF PROSPECTIVE
193-RENT; AND
180+ [(h)] (G) (1) The landlord has a reasonable time after receipt of notice in 23
181+which to make the repairs or correct the conditions. 24
194182
195- 2. MAY NOT BE REQUIRED T O PAY INTO ESCROW MO RE
196-THAN 50% OF THE AMOUNT OF REN T REQUIRED BY THE LE ASE IN AN AMOUNT TO BE
197-DETERMINED BY THE CO URT.
183+ (2) The length of time deemed to be reasonable is a question of fact for the 25
184+court, taking into account the severity of the defects or conditions and the danger which 26
185+they present to the occupants. 27
198186
199- (II) A DETERMINATION UNDER THIS PARAGRAPH IS WI THOUT
200-PREJUDICE TO A FINAL DISPOSITION OF RENT THAT IS DUE AND UNPAID TO THE
201-LANDLORD.
187+ (3) There is a rebuttable presumption that a period in excess of 30 days 28
188+from receipt of notice is unreasonable. 29
189+ HOUSE BILL 1117 5
202190
203- (3) THERE IS A REBUTTABLE PRESUMPTION THAT A C OURT ORDER
204-REQUIRING RENT ESCRO W IS LIMITED TO THE PAYMENT OF RENT THAT IS DUE AND
205-UNPAID SUBSEQUENT TO THE COURT ORDER .
206191
207- (4) A PARTY MAY REQUEST TH AT THE COURT ADJUST THE AMOUNT
208-OF RENT THAT A TENAN T PAYS INTO COURT AT ANY TIME.
192+ [(i)] (H) (1) If the landlord refuses to make the repairs or correct the 1
193+conditions, or if after a reasonable time the landlord has failed to do so, the tenant may 2
194+[bring] TAKE ONE OR BOTH OF THE FOLLOWING ACTION S: 3
209195
210- (5) IF A TENANT ALLEGES T HAT A DEFECT OR COND ITION EXISTS AT
211-THE LEASED PREMISES AT A TRIAL FOR FAILU RE TO PAY RENT , THE COURT MAY
212-GRANT A POSTPONEMENT ON REQUEST OF EITHER PARTY IN O RDER FOR THE
213-PARTIES TO PROVIDE E VIDENCE AND ADDITION AL INFORMATION REGAR DING THE
214-ALLEGED DEFECT OR CO NDITION.
196+ (I) BRING an action of rent escrow to pay rent into court because of 4
197+the asserted defects or conditions[, or the tenant may refuse]; AND 5
215198
216- (j) (1) Whether the issue of rent escrow is raised affirmatively or defensively,
217-the tenant may request one or more of the forms of relief set forth in this section.
199+ (II) REFUSE to pay rent and raise the existence of the asserted 6
200+defects or conditions as an affirmative defense, IN ADDITION TO ANY OTHER DEFENSE, 7
201+to an action for distress for rent or to any complaint proceeding brought by the landlord to 8
202+recover rent or the possession of the leased premises. 9
218203
219- (2) In addition to any other relief sought, if within 90 days after the court
220-finds that the conditions complained of by the tenant exist AND the landlord has not made
221-the repairs or corrected the conditions complained of, the tenant may file a petition of
222-injunction in the District Court requesting the court to order the landlord to make the
223-repairs or correct the conditions.
204+ (2) (I) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 10
205+UNDER THIS SECTION IN ACCORDANC E WITH THE MARYLAND RULES ON JOINDER . 11
224206
225- (k) Relief under this section is conditioned on:
207+ (II) THE COURT MAY ORDER S EPARATE TRIALS OR IS SUE ANY 12
208+OTHER ORDER NECESSAR Y TO PREVENT DELAY O R AVOID PREJUDICE . 13
226209
227- (1) Giving proper notice, and where appropriate, the opportunity to correct,
228-as described [by] IN subsection [(h)] (G) of this section;
229- Ch. 125 2024 LAWS OF MARYLAND
210+ (I) (1) THERE IS A REBUTTABLE PRESUMPTION THAT : 14
230211
231-– 6 –
232- (2) Payment by the tenant[, into court,] of the amount of rent required by
233-the lease INTO THE COURT , unless this amount is modified by the court as provided in
234-subsection (I) OR (m) of this section;
212+ (1) A A TENANT IS ENTITLED TO THE ADJUDICATION OF A REQUEST 15
213+FOR RENT ABATEMENT ;. 16
235214
236- (3) In the case of tenancies measured by a period of [one] 1 month or more,
237-the court having not entered against the tenant three prior judgments of possession for rent
238-due and unpaid in the 12–month period immediately prior to the initiation of the action by
239-the tenant or by the landlord; and
215+ (2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AN D 17
216+SUBSECTION (M) OF THIS SECTION, THERE IS A REBUTTABL E PRESUMPTION THAT A 18
217+TENANT: 19
240218
241- (4) In the case of periodic tenancies measured by the weekly payment of
242-rent, the court having not entered against the tenant more than five judgments of
243-possession for rent due and unpaid in the 12–month period immediately prior to the
244-initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the
245-premises [six] 6 months or less, the court having not entered against the tenant three
246-judgments of possession for rent due and unpaid.
219+ 1. IS IS ENTITLED TO AN ABATE MENT OF PROSPECTIVE 20
220+RENT; AND 21
247221
248- (l) It is a sufficient defense to the allegations of the tenant that the tenant, the
249-tenant’s family, agent, employees, or assignees or social guests have caused the asserted
250-defects or conditions, or that the landlord or the landlord’s agents were denied reasonable
251-and appropriate entry for the purpose of correcting or repairing the asserted conditions or
252-defects.
222+ 2. MAY NOT BE REQUIRED T O PAY INTO ESCROW MO RE 22
223+THAN 50% OF THE AMOUNT OF REN T REQUIRED BY THE LE ASE IN AN AMOUNT TO BE 23
224+DETERMINED BY THE CO URT. 24
253225
254- (m) The court shall make appropriate findings of fact and make any order that the
255-justice of the case may require, including any one or a combination of the following:
226+ (II) A DETERMINATION UNDER THIS PARAGRAPH IS WI THOUT 25
227+PREJUDICE TO A FINAL DISPOSITION OF RENT THAT IS DUE AND UNPAID TO THE 26
228+LANDLORD. 27
256229
257- (1) Order the termination of the lease and return of the leased premises to
258-the landlord, subject to the tenant’s right of redemption;
230+ (3) THERE IS A REBUTTABLE PRESUMPTION THAT A C OURT ORDER 28
231+REQUIRING RENT ESCRO W IS LIMITED TO THE PAYMENT OF RENT THAT IS DUE AND 29
232+UNPAID SUBSEQUENT TO THE COURT ORDER . 30
259233
260- (2) Order that the action for rent escrow be dismissed;
234+ (4) A PARTY MAY REQUEST TH AT THE COURT ADJUST THE AMOUNT 31
235+OF RENT THAT A TENAN T PAYS INTO COURT AT ANY TIME. 32 6 HOUSE BILL 1117
261236
262- (3) Order that the amount of rent required by the lease, whether paid into
263-court or to the landlord, be abated and reduced in an amount determined by the court to be
264-fair and equitable to represent the existence of the conditions or defects found by the court
265-to exist; or
266237
267- (4) Order the landlord to make the repairs or correct the conditions
268-complained of by the tenant and found by the court to exist.
269238
270- (n) (1) After rent escrow has been established, the court:
239+ (5) IF A TENANT ALLEGES T HAT A DEFECT OR COND ITION EXISTS AT 1
240+THE LEASED PREMISES AT A TRIAL FOR FAILU RE TO PAY RENT , THE COURT MAY 2
241+GRANT A POSTPONEMENT ON REQUEST OF EITHER PARTY IN O RDER FOR THE 3
242+PARTIES TO PROVIDE E VIDENCE AND ADDITION AL INFORMATION REGAR DING THE 4
243+ALLEGED DEFECT OR CO NDITION. 5
271244
272- [(1)] (I) Shall, after a hearing, if so ordered by the court or one is
273-requested by the landlord, order that the money in the escrow account be disbursed to the
274-landlord after the necessary repairs have been made;
275- WES MOORE, Governor Ch. 125
245+ (j) (1) Whether the issue of rent escrow is raised affirmatively or defensively, 6
246+the tenant may request one or more of the forms of relief set forth in this section. 7
276247
277-– 7 –
278- [(2)] (II) May, after an appropriate hearing, order that some or all money
279-in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the
280-tenant’s agent, or any other appropriate person or agency for the purpose of making the
281-necessary repairs of the dangerous conditions or defects;
248+ (2) In addition to any other relief sought, if within 90 days after the court 8
249+finds that the conditions complained of by the tenant exist AND the landlord has not made 9
250+the repairs or corrected the conditions complained of, the tenant may file a petition of 10
251+injunction in the District Court requesting the court to order the landlord to make the 11
252+repairs or correct the conditions. 12
282253
283- [(3)] (III) May, after a hearing if one is requested by the landlord, appoint
284-a special administrator who shall cause the repairs to be made, and who shall apply to the
285-court to pay for them out of the money in the escrow account;
254+ (k) Relief under this section is conditioned on: 13
286255
287- [(4)] (IV) May, after an appropriate hearing, order that some or all money
288-in the escrow account be disbursed to pay any mortgage or deed of trust on the property in
289-order to stay a foreclosure;
256+ (1) Giving proper notice, and where appropriate, the opportunity to correct, 14
257+as described [by] IN subsection [(h)] (G) of this section; 15
290258
291- [(5)] (V) May, after a hearing, if one is requested by the tenant, order, if
292-no repairs are made or if no good faith effort to repair is made within [six] 6 months of the
293-initial decision to place money in the escrow account, that the money in the escrow account
294-be disbursed to the tenant THAT HAVE PAID INTO ESCROW[. Such an order will not
295-discharge the right on the part of the tenant to pay rent into court and an appeal will stay
296-the forfeiture]; or
259+ (2) Payment by the tenant[, into court,] of the amount of rent required by 16
260+the lease INTO THE COURT , unless this amount is modified by the court as provided in 17
261+subsection (I) OR (m) of this section; 18
297262
298- [(6)] (VI) May, after an appropriate hearing, order that the money in the
299-escrow account be disbursed to the landlord if the tenant does not regularly pay, into that
300-account, the rent owed.
263+ (3) In the case of tenancies measured by a period of [one] 1 month or more, 19
264+the court having not entered against the tenant three prior judgments of possession for rent 20
265+due and unpaid in the 12–month period immediately prior to the initiation of the action by 21
266+the tenant or by the landlord; and 22
301267
302- (2) AN ORDER ISSUED UNDER PARAGRAPH (1)(V) OF THIS
303-SUBSECTION:
268+ (4) In the case of periodic tenancies measured by the weekly payment of 23
269+rent, the court having not entered against the tenant more than five judgments of 24
270+possession for rent due and unpaid in the 12–month period immediately prior to the 25
271+initiation of the action by the tenant or by the landlord, or, if the tenant has lived on the 26
272+premises [six] 6 months or less, the court having not entered against the tenant three 27
273+judgments of possession for rent due and unpaid. 28
304274
305- (I) DOES NOT AFFECT THE R IGHT OF A TENANT TO PAY RENT
306-INTO COURT; AND
275+ (l) It is a sufficient defense to the allegations of the tenant that the tenant, the 29
276+tenant’s family, agent, employees, or assignees or social guests have caused the asserted 30
277+defects or conditions, or that the landlord or the landlord’s agents were denied reasonable 31
278+and appropriate entry for the purpose of correcting or repairing the asserted conditions or 32
279+defects. 33
307280
308- (II) MAY BE STAYED ON APPE AL BY THE LANDLORD .
281+ (m) The court shall make appropriate findings of fact and make any order that the 34
282+justice of the case may require, including any one or a combination of the following: 35
283+ HOUSE BILL 1117 7
309284
310- (O) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN ACTION
311-UNDER THIS SECTION , THE TENANT MAY RECOV ER:
312285
313- (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND
286+ (1) Order the termination of the lease and return of the leased premises to 1
287+the landlord, subject to the tenant’s right of redemption; 2
314288
315- (2) REASONABLE EXPENSES R ELATED TO LITIGATION , SUCH AS
316-EXPENSES FOR A MOLD ASSESSMENT AT THE RE SIDENCE OF THE TENAN T.
289+ (2) Order that the action for rent escrow be dismissed; 3
317290
318- (P) IF A COURT FINDS THAT A COMPLAINT FILED BY A TENANT UNDER THIS
319-SECTION IS IN BAD FA ITH OR WITHOUT SUBSTANTIAL JUSTIFICATION, THE COURT
320-MAY ENTER A JUDGMENT IN FAVOR OF THE LAND LORD FOR:
291+ (3) Order that the amount of rent required by the lease, whether paid into 4
292+court or to the landlord, be abated and reduced in an amount determined by the court to be 5
293+fair and equitable to represent the existence of the conditions or defects found by the court 6
294+to exist; or 7
321295
322- (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND Ch. 125 2024 LAWS OF MARYLAND
296+ (4) Order the landlord to make the repairs or correct the conditions 8
297+complained of by the tenant and found by the court to exist. 9
323298
324-– 8 –
299+ (n) (1) After rent escrow has been established, the court: 10
325300
326- (2) EXPENSES RELATED TO L ITIGATION.
301+ [(1)] (I) Shall, after a hearing, if so ordered by the court or one is 11
302+requested by the landlord, order that the money in the escrow account be disbursed to the 12
303+landlord after the necessary repairs have been made; 13
327304
328- [(o)] (P) (Q) Except as provided in § 8–211.1(e) of this subtitle, [in the event any
329-county or Baltimore City is subject to a public local law or has enacted an ordinance or
330-ordinances comparable in subject matter to this section, commonly referred to as a “Rent
331-Escrow Law”, any such ordinance or ordinances shall supersede the provisions of this
332-section] THIS SECTION SHALL SUPERS EDE ANY LOCAL LAW OR ORDINANCE
333-COMPARABLE IN SUBJEC T MATTER TO THIS SEC TION EXCEPT TO THE EXTENT THAT
334-THE LOCAL LAW OR ORD INANCE PROVIDES BROA DER APPLICABILITY OR MORE
335-PROTECTIONS FOR TENA NTS THAN THIS SECTION.
305+ [(2)] (II) May, after an appropriate hearing, order that some or all money 14
306+in the escrow account be paid to the landlord or the landlord’s agent, the tenant or the 15
307+tenant’s agent, or any other appropriate person or agency for the purpose of making the 16
308+necessary repairs of the dangerous conditions or defects; 17
336309
337-8–212.
310+ [(3)] (III) May, after a hearing if one is requested by the landlord, appoint 18
311+a special administrator who shall cause the repairs to be made, and who shall apply to the 19
312+court to pay for them out of the money in the escrow account; 20
338313
339- (A) IN THIS SECTION , “WARRANTY OF HABITABI LITY” MEANS THE
340-WARRANTY BY A LANDLO RD DESCRIBED UNDER § 8–211 OF THIS SUBTITLE.
314+ [(4)] (IV) May, after an appropriate hearing, order that some or all money 21
315+in the escrow account be disbursed to pay any mortgage or deed of trust on the property in 22
316+order to stay a foreclosure; 23
341317
342- (A) IN THIS SECTION , “FIT FOR HUMAN HABITA TION” MEANS THAT A
343-DWELLING UNIT AND PR OPERTY OF WHICH THE DWELLING UNIT IS A P ART ARE FREE
344-FROM SERIOUS DEFECTS OR CONDITIONS THAT C ONSTITUTE, OR WILL CONSTITUTE
345-IF NOT PROMPTLY CORR ECTED, A FIRE HAZARD OR OTH ER SERIOUS AND
346-SUBSTANTIAL THREAT T O THE LIFE, HEALTH, OR SAFETY OF OCCUPAN TS OF THE
347-DWELLING UNIT .
318+ [(5)] (V) May, after a hearing, if one is requested by the tenant, order, if 24
319+no repairs are made or if no good faith effort to repair is made within [six] 6 months of the 25
320+initial decision to place money in the escrow account, that the money in the escrow account 26
321+be disbursed to the tenant THAT HAVE PAID INTO ESCROW[. Such an order will not 27
322+discharge the right on the part of the tenant to pay rent into court and an appeal will stay 28
323+the forfeiture]; or 29
348324
349- (B) THIS SECTION APPLIES TO LANDLORDS , TENANTS, AND RESIDENTIAL
350-DWELLING UNITS THAT ARE SUBJECT TO § 8–211 OF THIS SUBTITLE .
325+ [(6)] (VI) May, after an appropriate hearing, order that the money in the 30
326+escrow account be disbursed to the landlord if the tenant does not regularly pay, into that 31
327+account, the rent owed. 32
351328
352- (C) A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT ,
353-WHETHER BY WRITTEN O R ORAL LEASE AGREEME NT, SHALL BE DEEMED TO
354-WARRANT THAT THE DWELLI NG UNIT IS FIT FOR H UMAN HABITATION .
329+ (2) AN ORDER ISSUED UNDER PARAGRAPH (1)(V) OF THIS 33
330+SUBSECTION: 34
331+ 8 HOUSE BILL 1117
355332
356- (D) THE WARRANTY OF HABIT ABILITY UNDER THIS S ECTION EXISTS AT THE
357-BEGINNING OF THE TEN ANCY AND CONTINUES T HROUGHOUT THE TERM O F THE
358-TENANCY.
359333
360- (E) RELIEF FOR BREACH OF THE WARRANTY OF HABI TABILITY UNDER THIS
361-SECTION MAY NOT BE C ONDITIONED ON PAYMEN T BY THE TENANT OF R ENT INTO
362-ESCROW WITH THE COUR T.
334+ (I) DOES NOT AFFECT THE R IGHT OF A TENANT TO PAY RENT 1
335+INTO COURT; AND 2
363336
364- (D) (1) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS
365-SECTION, A TENANT SHALL NOTIF Y THE LANDLORD OF TH E EXISTENCE OF THE
366-DEFECTS OR CONDITION S IN ACCORDANCE WITH § 8–211 OF THIS SUBTITLE.
367- WES MOORE, Governor Ch. 125
337+ (II) MAY BE STAYED ON APPE AL BY THE LANDLORD . 3
368338
369-– 9 –
370- (F) (1) (I) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS
371-SECTION, THE TENANT SHALL NOT IFY THE LANDLORD OF THE EXISTENCE OF
372-DEFECTS OR CONDITION S.
339+ (O) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN ACTION 4
340+UNDER THIS SECTION, THE TENANT MAY RECOV ER: 5
373341
374- (II) NOTICE SHALL BE GIVEN BY:
342+ (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 6
375343
376- 1. A WRITTEN COMMUNICATION SENT B Y CERTIFIED
377-MAIL LISTING THE ASS ERTED DEFECTS OR CON DITIONS;
344+ (2) REASONABLE EXPENSES R ELATED TO LITIGATION , SUCH AS 7
345+EXPENSES FOR A MOLD ASSESSMENT AT THE RE SIDENCE OF THE TENAN T. 8
378346
379- 2. ACTUAL NOTICE OF THE DEFECTS OR CONDITION S;
380-OR
347+ (P) IF A COURT FINDS THAT A COMPLAINT FILED BY A TENANT UN DER THIS 9
348+SECTION IS IN BAD FA ITH OR WITHOUT SUBST ANTIAL JUSTIFICATION , THE COURT 10
349+MAY ENTER A JUDGMENT IN FAVOR OF THE LAND LORD FOR: 11
381350
382- 3. A WRITTEN VIOLATION , CONDEMNATION , OR OTHER
383-NOTICE FROM AN APPRO PRIATE STATE, COUNTY, MUNICIPAL, OR LOCAL
384-GOVERNMENT AGENCY ST ATING THE ASSERTED D EFECTS OR CONDITIONS .
351+ (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 12
385352
386- (2) WITHIN A REASONABLE P ERIOD OF TIME AFTER RECEIPT OF
387-NOTICE UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE LANDLORD SHALL M AKE
388-THE REPAIRS OR CORRE CT THE CONDITIONS IN ACCORDANCE WITH § 8–211(G) OF
389-THIS SUBTITLE.
353+ (2) EXPENSES RELATED TO L ITIGATION. 13
390354
391- (E) (G) (1) IF A LANDLORD BREACHE S THE WARRANTY OF
392-HABITABILITY UNDER § 8–211 OF THIS SUBTITLE THIS SECTION AND REFUSES TO
393-MAKE THE REPAIRS OR CORRECT THE CONDITIO NS, OR IF AFTER A REASON ABLE
394-TIME THE LANDLORD HA S FAILED TO DO SO, THE TENANT MAY :
355+ [(o)] (P) (Q) Except as provided in § 8–211.1(e) of this subtitle, [in the event any 14
356+county or Baltimore City is subject to a public local law or has enacted an ordinance or 15
357+ordinances comparable in subject matter to this section, commonly referred to as a “Rent 16
358+Escrow Law”, any such ordinance or ordinances shall supersede the provisions of this 17
359+section] THIS SECTION SHALL SUPERS EDE ANY LOCAL LAW OR ORDINANCE 18
360+COMPARABLE IN SUBJEC T MATTER TO THIS SEC TION EXCEPT TO THE EXTENT THAT 19
361+THE LOCAL LAW OR ORD INANCE PROVIDES BROA DER APPLICABILITY OR MORE 20
362+PROTECTIONS FOR TENA NTS THAN THIS SECTIO N. 21
395363
396- (I) BRING AN ACTION FOR D AMAGES AND THE ABATE MENT OF
397-RENT AGAINST THE LAN DLORD; AND
364+8–212. 22
398365
399- (II) REFUSE TO PAY RENT AN D RAISE THE EXISTENC E OF THE
400-ASSERTED DEFECTS OR CONDITIONS AS AN AFF IRMATIVE DEFENSE TO AN ACTION
401-OF DISTRESS FOR RENT OR TO ANY OTHER ACTION BROUGHT BY THE LANDL ORD TO
402-RECOVER RENT OR THE POSSESSION OF THE LE ASED PREMISES .
366+ (A) IN THIS SECTION , “WARRANTY OF HABITABI LITY” MEANS THE 23
367+WARRANTY BY A LANDLO RD DESCRIBED UNDER § 8–211 OF THIS SUBTITLE. 24
403368
404- (2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION
405-UNDER THIS SUBSECTIO N IN ACCORDANCE WITH THE MARYLAND RULES ON
406-JOINDER.
369+ (A) IN THIS SECTION , “FIT FOR HUMAN HABITA TION” MEANS THAT A 25
370+DWELLING UNIT AND PR OPERTY OF WHICH THE DWELLING UNIT IS A P ART ARE FREE 26
371+FROM SERIOUS DEFECTS OR CONDITIONS THAT C ONSTITUTE, OR WILL CONSTITUTE 27
372+IF NOT PROMPTLY CORR ECTED, A FIRE HAZARD OR OTH ER SERIOUS AND 28
373+SUBSTANTIAL THREAT T O THE LIFE, HEALTH, OR SAFETY OF OCCUPANTS OF THE 29
374+DWELLING UNIT . 30
407375
408- (3) THE REMEDIES U NDER THIS SUBSECTION ARE IN ADDITION TO
409-ANY OTHER REMEDIES P ROVIDED BY LAW .
376+ (B) THIS SECTION APPLIES TO LANDLORDS , TENANTS, AND RESIDENTIAL 31
377+DWELLING UNITS THAT ARE SUBJECT TO § 8–211 OF THIS SUBTITLE . 32 HOUSE BILL 1117 9
410378
411- (F) (H) IT IS A DEFENSE TO A CLAIM UNDER THIS SEC TION THAT:
412- Ch. 125 2024 LAWS OF MARYLAND
413379
414-– 10 –
415- (1) THE TENANT , THE TENANT ’S FAMILY, AGENT, EMPLOYEES,
416-ASSIGNEES, OR SOCIAL GUESTS CAU SED THE ASSERTED DEF ECTS OR CONDITIONS;
417-OR
418380
419- (2) THE LANDLORD OR THE L ANDLORD’S AGENTS WERE DENIED
420-REASONABLE AND APPRO PRIATE ENTRY FOR THE PURPOSE OF CORRECTIN G OR
421-REPAIRING THE ASSERT ED CONDITIONS OR DEF ECTS.
381+ (C) A LANDLORD THAT OFFERS A RESIDENTIAL DWELLI NG UNIT FOR RENT , 1
382+WHETHER BY WRITTEN OR ORAL LEASE AGREEM ENT, SHALL BE DEEMED TO 2
383+WARRANT THAT THE DWE LLING UNIT IS FIT FO R HUMAN HABITATION . 3
422384
423- (G) (I) THE COURT SHALL MAKE APPROPRIATE FINDINGS OF FACT AND
424-ISSUE ANY ORDER THAT THE JU STICE OF THE CASE MA Y REQUIRE, INCLUDING
425-ORDERING ANY OF THE FOLLOWING:
385+ (D) THE WARRANTY OF HABIT ABILITY UNDER THIS S ECTION EXISTS AT THE 4
386+BEGINNING OF THE TEN ANCY AND CONTINUES T HROUGHOUT THE TERM O F THE 5
387+TENANCY. 6
426388
427- (1) AN AWARD OF ACTUAL DA MAGES;
389+ (E) RELIEF FOR BREACH OF THE WARRANTY OF HABI TABILITY UNDER THIS 7
390+SECTION MAY NOT BE C ONDITIONED ON PAYMEN T BY THE TENANT OF R ENT INTO 8
391+ESCROW WITH THE COUR T. 9
428392
429- (2) AN ABATEMENT OF RENT DUE AND UNPAID ; OR
393+ (D) (1) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS 10
394+SECTION, A TENANT SHALL NOTIF Y THE LANDLORD OF THE EXISTENCE OF THE 11
395+DEFECTS OR CONDITION S IN ACCORDANCE WITH § 8–211 OF THIS SUBTITLE. 12
430396
431- (3) THE TERMINATION OF TH E LEASE, RETURN OF ANY UNUSED
432-PORTION OF A SECURIT Y DEPOSIT TO THE TENAN T, AND RELOCATION EXPEN SES
433-FOR A TENANT.
397+ (F) (1) (I) IN ORDER TO EMPLOY TH E REMEDIES PROVIDED BY THIS 13
398+SECTION, THE TENANT SHALL NOT IFY THE LANDLORD OF THE EXISTENCE OF 14
399+DEFECTS OR CONDITION S. 15
434400
435- (H) (J) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN
436-ACTION UNDER THIS SECTION , THE TENANT MAY RECOV ER REASONABLE :
401+ (II) NOTICE SHALL BE GIVEN BY : 16
437402
438- (1) ATTORNEY’S FEES AND COSTS ; AND
403+ 1. A WRITTEN COMMUNICATIO N SENT BY CERTIFIED 17
404+MAIL LISTING THE ASS ERTED DEFECTS OR CON DITIONS; 18
439405
440- (2) EXPENSES RELATED TO L ITIGATION, SUCH AS EXPENSES FOR A
441-MOLD ASSESSMENT AT T HE RESIDENCE OF THE TENANT.
406+ 2. ACTUAL NOTICE OF THE DEFECTS OR CONDITION S; 19
407+OR 20
442408
443- (K) IF A COURT FINDS THAT AN ACTION BROUGHT BY A TENANT UNDER THIS
444-SECTION IS IN BAD FA ITH OR WITHOUT SUBST ANTIAL JUSTIFICATION , THE COURT
445-MAY ENTER A JUDGMENT IN FAVOR OF A LANDLORD FOR :
409+ 3. A WRITTEN VIOLATION , CONDEMNATION , OR OTHER 21
410+NOTICE FROM AN APPRO PRIATE STATE, COUNTY, MUNICIPAL, OR LOCAL 22
411+GOVERNMENT AGENCY ST ATING THE ASSERTED D EFECTS OR CONDITIONS . 23
446412
447- (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND
413+ (2) WITHIN A REASONABLE P ERIOD OF TIME AFTER RECEIPT OF 24
414+NOTICE UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE LANDLORD SHALL M AKE 25
415+THE REPAIRS OR CORRE CT THE CONDITIONS IN ACCORDA NCE WITH § 8–211(G) OF 26
416+THIS SUBTITLE. 27
448417
449- (2) EXPENSES RELATED TO L ITIGATION.
418+ (E) (G) (1) IF A LANDLORD BREACHE S THE WARRANTY OF 28
419+HABITABILITY UNDER § 8–211 OF THIS SUBTITLE THIS SECTION AND REFUSES TO 29
420+MAKE THE REPAIRS OR CORRECT THE CONDITIO NS, OR IF AFTER A REASON ABLE 30
421+TIME THE LANDLORD HAS FAI LED TO DO SO, THE TENANT MAY : 31
422+ 10 HOUSE BILL 1117
450423
451- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
452-October 1, 2024.
453424
454-Approved by the Governor, April 25, 2024.
425+ (I) BRING AN ACTION FOR D AMAGES AND THE ABATE MENT OF 1
426+RENT AGAINST THE LAN DLORD; AND 2
427+
428+ (II) REFUSE TO PAY RENT AN D RAISE THE EXISTENC E OF THE 3
429+ASSERTED DEFECTS OR CONDITIONS AS AN AFF IRMATIVE DEFENSE TO AN ACTION 4
430+OF DISTRESS FOR RENT OR TO ANY OTHER ACTI ON BROUGHT BY THE LA NDLORD TO 5
431+RECOVER RENT OR THE POSSESSION OF THE LE ASED PREMISES . 6
432+
433+ (2) MULTIPLE TENANTS MAY JOIN AS PLAINTIFFS I N AN ACTION 7
434+UNDER THIS SUBSECTIO N IN ACCORDANCE WITH THE MARYLAND RULES ON 8
435+JOINDER. 9
436+
437+ (3) THE REMEDIES UNDER TH IS SUBSECTION ARE IN ADDITION TO 10
438+ANY OTHER REMEDIES P ROVIDED BY LAW . 11
439+
440+ (F) (H) IT IS A DEFENSE TO A CLAIM UNDER THIS SEC TION THAT: 12
441+
442+ (1) THE TENANT , THE TENANT ’S FAMILY, AGENT, EMPLOYEES, 13
443+ASSIGNEES, OR SOCIAL GU ESTS CAUSED THE ASSE RTED DEFECTS OR COND ITIONS; 14
444+OR 15
445+
446+ (2) THE LANDLORD OR THE L ANDLORD’S AGENTS WERE DENIED 16
447+REASONABLE AND APPRO PRIATE ENTRY FOR THE PURPOSE OF CORRECTIN G OR 17
448+REPAIRING THE ASSERT ED CONDITIONS OR DEF ECTS. 18
449+
450+ (G) (I) THE COURT SHALL MAKE APPROPRIATE FINDINGS OF FACT AND 19
451+ISSUE ANY ORDER THAT THE JUSTICE OF THE C ASE MAY REQUIRE , INCLUDING 20
452+ORDERING ANY OF THE FOLLOWING: 21
453+
454+ (1) AN AWARD OF ACTUAL DA MAGES; 22
455+
456+ (2) AN ABATEMENT OF RENT DUE AND UNPAID ; OR 23
457+
458+ (3) THE TERMINATION OF TH E LEASE, RETURN OF ANY UNUSED 24
459+PORTION OF A SECURIT Y DEPOSIT TO THE TEN ANT, AND RELOCATION EXPEN SES 25
460+FOR A TENANT. 26
461+
462+ (H) (J) IF A COURT ORDERS ANY RELIEF TO A TENANT WHO BRINGS AN 27
463+ACTION UNDER THIS SECTION , THE TENANT MAY RECOV ER REASONABLE : 28
464+
465+ (1) ATTORNEY’S FEES AND COSTS ; AND 29
466+
467+ (2) EXPENSES RELATED TO L ITIGATION, SUCH AS EXPENSES FOR A 30
468+MOLD ASSESSMENT AT T HE RESIDENCE OF THE TENANT. 31 HOUSE BILL 1117 11
469+
470+
471+
472+ (K) IF A COURT FINDS THAT AN ACTION BROUGHT BY A TENANT UNDER THIS 1
473+SECTION IS IN BAD FA ITH OR WITHOUT SUBST ANTIAL JUSTIFICATION , THE COURT 2
474+MAY ENTER A JUDGMENT IN FAVOR OF A LANDLO RD FOR: 3
475+
476+ (1) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 4
477+
478+ (2) EXPENSES RELATED TO L ITIGATION. 5
479+
480+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
481+October 1, 2024. 7
482+
483+
484+
485+
486+
487+Approved:
488+________________________________________________________________________________
489+ Governor.
490+________________________________________________________________________________
491+ Speaker of the House of Delegates.
492+________________________________________________________________________________
493+ President of the Senate.