WES MOORE, Governor Ch. 124
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Chapter 124
(House Bill 693)
AN ACT concerning
Renters’ Rights and Stabilization Act of 2024
FOR the purpose of increasing surcharges for certain landlord–tenant cases filed in the
District Court and prohibiting the court from assigning the surcharge against a
tenant; altering the priority and criteria in the Statewide Rental Assistance Voucher
Program that are followed by the Department of Housing and Community
Development and public housing agencies for providing vouchers and housing
assistance payments to families; establishing the Office of Tenants’ Rights Tenant
and Landlord Affairs in the Department of Housing and Community Development
and requiring the Office to develop and publish a Maryland Tenants’ Bill of Rights;
requiring the most recently published version of the Maryland Tenants’ Bill of Rights
to be included as part of a residential lease; limiting the maximum security deposit
required by a residential lease to 1 month’s rent; requiring a landlord to include proof
in a complaint for repossession of a residential premises for failure to pay rent that
the landlord provided certain notice; prohibiting a landlord from including a certain
term pertaining to electronic delivery of certain notice in a lease agreement;
extending the time period between the granting of a judgment of possession in favor
of a landlord and the execution of a warrant of restitution against a tenant and
requiring the administrative judge of any district to stay the execution of a warrant
of restitution under certain circumstances; establishing certain requirements for the
voluntary transfer of title to certain residential rental property under certain
circumstances and establishing that those requirements preempt certain local law;
requiring the Department to regularly gather and publish data related to the
voluntary transfer of title to certain residential rental property; increasing
surcharges on certain fees, charges, and costs in certain civil cases in the circuit
courts and District Court; prohibiting the court from assigning a certain surcharge
against a tenant under certain circumstances; altering certain requirements for
certain data collected by the Judiciary and provided to the Department; and
generally relating to residential tenancies.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 7–301(c)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Housing and Community Development
Section 4–2901(a), (d), (e), (i), (j), and (k)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement) Ch. 124 2024 LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Article – Housing and Community Development
Section 4–2906
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Housing and Community Development
Section 5–101 through 5–104 to be under the new title “Title 5. Office of Tenants’
Rights Tenant and Landlord Affairs”
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Real Property
Section 8–119 and 8–120
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Real Property
Section 8–203(b), (f)(2), and (i)(6)(i), 8–208(c) and (d), 8–401(b)(2)(iv), (c), and (f)(1)(i)
and (2), and 14–133
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Real Property
Section 8–208(b) and 8–401(a) and (b)(2)(iv)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 7–202(d) and 7–301(c)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
7–301.
WES MOORE, Governor Ch. 124
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(c) (1) The filing fees and costs in a civil case are those prescribed by law
subject to modification by law, rule, or administrative regulation.
(2) The Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. [$8] $93 per [summary ejectment] case FOR THE
FOLLOWING CASES :
A. SUMMARY EJECTMENT ;
B. TENANT HOLDING OVER ; OR
C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR
POSSESSION OF RESIDENTIAL PROPERTY AGAINST A RESIDENTIA L TENANT; and
2. $18 per case for all other civil cases; and
(ii) Shall be deposited:
1. FOR A SURCHARGE ASSES SED UNDER
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH :
A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND
COMMUNITY DEVELOPMENT ARTICLE; AND
B. 50% INTO THE MARYLAND LEGAL SERVICES
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES
ARTICLE; AND
2. FOR A SURCHARGE ASSESSED UNDER
SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , into the Maryland Legal Services
Corporation Fund established under § 11–402 of the Human Services Article.
(3) (i) In addition to the surcharge assessed under paragraph (2) of this
subsection, the Chief Judge of the District Court shall assess a surcharge that may not be
more than $10 per case for the following cases filed in Baltimore City:
1. Summary ejectment;
2. Tenant holding over;
3. Breach of lease; and Ch. 124 2024 LAWS OF MARYLAND
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4. Warrant of restitution.
(ii) The revenue generated from the surcharge on filing fees collected
by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be:
1. Remitted quarterly to the Baltimore City Director of
Finance; and
2. Used to fund the enhancement of sheriff benefits and the
increase in sheriff personnel to enhance the service of domestic violence orders.
(4) In addition to the surcharge assessed under paragraphs (2) and (3) of
this subsection, the Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. $3 per summary ejectment case; and
2. $8 per case for all other civil cases; and
(ii) Shall be deposited into the Circuit Court Real Property Records
Improvement Fund established under § 13–602 of this article.
(5) A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS
SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT .
[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver
of prepayment of filing fees and other costs in cases of indigency.
Article – Housing and Community Development
4–2901.
(a) In this subtitle the following words have the meanings indicated.
(d) (1) “Family” means an individual or group of individuals eligible for
assistance under the State Program.
(2) “Family” includes a preference category established under § 4–2906 of
this subtitle.
(e) “Housing assistance payment” means the monthly assistance payment paid
for a family under the State Program.
WES MOORE, Governor Ch. 124
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(i) (1) “Public housing agency” means an entity authorized by the U.S.
Department of Housing and Urban Development to administer the federal Housing Choice
Voucher Program in the State.
(2) “Public housing agency” does not include the Department.
(j) “State Program” means the Statewide Rental Assistance Voucher Program
established under this subtitle.
(k) “Voucher” means a document issued by the Department or a public housing
agency to a family that is selected to receive assistance under the State Program, which
describes the State Program and procedures under the State Program.
4–2906.
(A) The Department and each public housing agency shall equally prioritize 50%
OF vouchers and housing assistance payments for families that include:
(1) a child who is:
(I) AT LEAST 5 YEARS OLD; BUT
(II) under the age of 18 years;
(2) a foster child who is:
(i) at least 18 years old; but
(ii) under the age of 24 years;
(3) a military veteran;
(4) an individual experiencing homelessness;
(5) a disabled individual; or
(6) an elderly individual.
(B) THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL
EQUALLY PRIORITIZE 50% OF VOUCHERS AND HOUS ING ASSISTANCE PAYMENTS
FOR FAMILIES THAT IN CLUDE:
(1) A CHILD UNDER THE AG E OF 5 YEARS; OR
(2) A PREGNANT INDIVIDUA L.
Ch. 124 2024 LAWS OF MARYLAND
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TITLE 5. OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD AFFAIRS.
5–101.
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
INDICATED.
(B) “DIRECTOR” MEANS THE DIRECTOR OF THE OFFICE OF TENANTS’
RIGHTS TENANT AND LANDLORD AFFAIRS.
(C) “OFFICE” MEANS THE OFFICE OF TENANTS’ RIGHTS TENANT AND
LANDLORD AFFAIRS.
(D) (1) “TENANT” MEANS A RESIDENTIAL TENANT.
(2) “TENANT” INCLUDES:
(I) A SUBTENANT;
(II) A LESSEE;
(III) A SUBLESSEE; AND
(IV) ANY OTHER INDIVIDUAL , OTHER THAN AN OWNER , WHO IS
ENTITLED TO THE POSS ESSION OR OCCUPANCY , OR THE BENEFITS OF P OSSESSION
OR OCCUPANCY , OF ANY RESIDENTIAL R ENTAL UNIT IN THE STATE.
5–102.
(A) THERE IS AN OFFICE OF TENANTS’ RIGHTS TENANT AND LANDLORD
AFFAIRS IN THE DEPARTMENT .
(B) THE PURPOSE OF THE OFFICE IS TO:
(1) ENSURE THAT TENANTS HAVE ACCESS TO EDUCA TIONAL
RESOURCES TO AID IN UNDERSTANDING AND EXERCISING THE TENAN TS’ RIGHTS
UNDER STATE LAW;
(2) PROVIDE TENANTS WITH INFORMATION ON HOW T O REPORT A
VIOLATION OF THEIR L EGAL RIGHTS AS TENAN TS AND FACILITATE RE FERRALS OF
REPORTED VIOLATIONS TO APPROPRIATE ENFOR CEMENT AGENCIES ;
(3) PROVIDE TENANTS WITH INFORMA TION ON HOW TO OBTAI N
FINANCIAL COUNSELING ; AND WES MOORE, Governor Ch. 124
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(4) NOTIFY APPROPRIATE A UTHORITIES REGARDING HOUSING
DISCRIMINATION AND O THER UNFAIR OR ILLEG AL HOUSING PRACTICES .
5–103.
(A) THE SECRETARY SHALL APPOI NT THE DIRECTOR OF THE OFFICE.
(B) THE DIRECTOR:
(1) SERVES AT THE PLEASU RE OF THE SECRETARY; AND
(2) REPORTS TO THE SECRETARY.
5–104.
(A) THE OFFICE SHALL:
(1) DEVELOP RESOURCES TO AID TENANTS IN UNDER STANDING AND
EXERCISING THE LEGAL RIGHTS OF TENANTS , INCLUDING:
(I) A MARYLAND TENANTS’ BILL OF RIGHTS, SUMMARIZING
THE EXISTING RIGHTS AND REMEDIES AVAILAB LE TO RESIDENTIAL TE NANTS UNDER
STATE AND FEDERAL LAW ; AND
(II) A PUBLICLY ACCESSIBL E WEBSITE TO PROVIDE ACCESS TO
THE MARYLAND TENANTS’ BILL OF RIGHTS AND OTHER R ELEVANT
INFORMATIONAL RESOUR CES;
(2) ESTABLISH POINTS OF CONTACT WITHIN THE OFFICE BY WHICH A
TENANT MAY REPORT A VIOLATION BY A LANDL ORD OR A PERSON ACTI NG ON
BEHALF OF A LANDLORD FOR REFERRAL TO APPR OPRIATE ENFORCEMENT
AGENCIES; AND
(3) PROVIDE RES OURCES TO FACILITATE ACCESS BY TENANTS TO
CREDIT COUNSELING ;
(4) REFER COVERED INDIVI DUALS, AS DEFINED IN § 8–901 OF THE
REAL PROPERTY ARTICLE, TO THE ACCESS TO COUNSEL IN EVICTIONS PROGRAM
THAT IS ADMINISTERED BY THE MARYLAND LEGAL SERVICES CORPORATION ;
(5) COLLABORATE WITH COU NTY AND LOCAL GOVERN MENTS THAT
PROVIDE TENANT ADVOC ACY AND ASSISTANCE ;
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(6) RECEIVE NOTICES AND OTHER DOCUMENTS RELA TED TO A
TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD AND RIGHT OF FIRST REFUSAL UND ER
§ 8–119 OF THE REAL PROPERTY ARTICLE; AND
(7) ADOPT REGULATIONS GO VERNING THE CONTENT AND DELIVERY
OF NOTICES FOR A TEN ANT’S EXCLUSIVE NEGOTIAT ION PERIOD AND RIGHT OF FIRST
REFUSAL UNDER § 8–119 OF THE REAL PROPERTY ARTICLE.
(B) THE OFFICE MAY:
(1) IMPLEMENT FAIR HO USING TESTING TO ENS URE COMPLIANCE BY
LANDLORDS WITH FAIR HOUSING LAWS ; AND
(2) IDENTIFY LANDLORDS T HAT ARE OUT OF COMPL IANCE WITH
FEDERAL, STATE, OR LOCAL LAW AND FAC ILITATE REFERRALS OF CASES TO AN
APPROPRIATE LAW ENFO RCEMENT AGENCY OR AN OTHER APPROPR IATE AGENCY.
(C) (1) ON OR BEFORE JUNE 1 EACH YEAR, THE OFFICE SHALL PUBLISH
THE MARYLAND TENANTS’ BILL OF RIGHTS ON ITS WEBSITE .
(2) THE MARYLAND TENANTS’ BILL OF RIGHTS SHALL INCLUDE
CONTACT INFORMATION FOR THE OFFICE.
Article – Real Property
8–119.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “BONA FIDE OFFER ” MEANS AN OFFER OF SA LE FOR A
RESIDENTIAL RENTAL P ROPERTY:
(I) FOR A PRICE AND WITH OTHER MATERIAL TERMS THAT ARE
AT LEAST AS FAVORABL E AS THOSE A CCEPTED BY A PURCHAS ER IN AN
ARM’S–LENGTH, THIRD–PARTY CONTRACT FOR T HE SALE OF THE PROPE RTY; OR
(II) IN THE ABSENCE OF AN ARM’S–LENGTH, THIRD–PARTY
CONTRACT:
1. FOR A PRICE AND WITH OTHER MATERIAL TERMS
COMPARABLE TO THOSE FOR WHICH A WILLING SELLER WOULD SELL , AND A
WILLING BUYER WOULD PURCHASE, THE PROPERTY ; OR
WES MOORE, Governor Ch. 124
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2. FOR THE APPRAISED VAL UE OF THE PROPERTY .
(3) “DATE OF MAILING ” MEANS THE DATE OF PO STMARK BY THE
UNITED STATES POSTAL SERVICE.
(4) (I) “TENANT” MEANS A LESSEE OF A RESIDENTIAL RENTAL
PROPERTY WHO HAS RES IDED AT THE RESIDENT IAL RENTAL PROPERTY FOR NOT
LESS THAN 6 MONTHS.
(II) “TENANT” INCLUDES A SUBTENANT , A SUBLESSEE, OR ANY
OTHER INDIVIDUAL ENT ITLED TO THE POSSESS ION OR OCCUPANCY , OR THE
BENEFITS OF OCCUPANC Y, OF A RESIDENTIAL RENT AL UNIT OWNED BY ANO THER
PERSON.
(B) THIS SECTION DOES NOT APPLY TO THE FOLLOWI NG:
(1) A TRANSFER OF TITLE TO THE SPOUSE , CHILD, PARENT, OR
SIBLING OF THE OWNER , OR TO THE PARENT OR SIBLING OF THE SPOUS E OF THE
OWNER;
(2) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT
OR THROUGH INHERITAN CE;
(3) A TRANSFER OF TITLE TO A GOVERNMENT AGENCY ;
(4) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE
OR DEED OF TRUST ;
(5) PROPERTY DONATED AS A GIFT TO ANY NONPROFIT
ORGANIZATION EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL
REVENUE CODE; OR
(6) RESIDENTIAL RENTAL PR OPERTY WITH FIVE OR MORE
INDIVIDUAL DWELLING UNITS.
(C) (1) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A RESIDENTIAL
RENTAL PROPERTY M AY OCCUR, ANY TENANT OR GROUP OF TENANTS OF THE
PROPERTY, AS APPLICABLE , SHALL HAVE THE RIGHT OF FIRST REFUSAL TO
PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION.
(2) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y RESIDENTIAL
RENTAL PROPERTY TO WHICH THE REQUIREMENTS OF THIS SECTION APPLY I S Ch. 124 2024 LAWS OF MARYLAND
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SUBJECT TO THE EXERC ISE OF THE RIGHT OF FIRST REFUSAL BY A T ENANT OR
GROUP OF TENANTS .
(D) (1) AN OWNER OF A TENANT –OCCUPIED, SINGLE–FAMILY
RESIDENTIAL RENTAL P ROPERTY THAT ENTERS INTO A BONA FIDE CONTRACT OF
SALE FOR THE PROPERT Y SHALL PROVIDE WRIT TEN NOTICE TO EACH T ENANT OF
THE PROPERTY WITHIN 5 DAYS AFTER ENTERING INTO THE CONTRACT VI A
CERTIFIED MAIL, RETURN RECEIPT REQUE STED.
(2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL
INCLUDE:
(I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO THE
TENANT AT A PRICE ID ENTICAL TO ANY PENDI NG BONA FIDE CONTRAC T OF SALE
WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS
SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ;
(II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO
EXERCISING THE RIGHT OF FIRST REFUSAL , INCLUDING:
1. APPRAISAL INFORMATION ;
2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND
3. OPERATING INFORMATION ; AND
(III) ANY INFORMATION REGARDIN G DEADLINES FOR A
RESPONSE TO THE BONA FIDE OFFER TO SELL .
(3) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A TENANT UNDER
PARAGRAPH (2) OF THIS SUBSECTION M AY NOT INCLUDE A RES TRICTION ON
FINANCING METHODS OR THE RIGHT OF INSPECT ION.
(4) A TENANT SHALL HAVE 20 DAYS AFTER THE DATE OF DELIVERY
OF THE NOTICE AND OF FER OF SALE TO INFOR M THE OWNER OF THE T ENANT’S
INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST–CLASS MAIL.
(5) IF A TENANT FAILS TO RESPOND WITHIN 20 DAYS AFTER THE DATE
OF DELIVERY OF THE N OTICE AND OFFER OF S ALE, OR DECLINES TO EXERC ISE THE
RIGHT OF FIRST REFUS AL, THE TENANT ’S RIGHT OF FIRST REF USAL SHALL BE
CONSIDERED WAIVED .
WES MOORE, Governor Ch. 124
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(6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A
NOTIFICATION OF THE INTENT TO EXERCI SE THE RIGHT OF FIRS T REFUSAL BY A
TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION , AN OWNER SHALL DELIV ER
TO THE TENANT AN EXE CUTED CONTRACT OF SA LE FOR THE PROPERTY ON THE
SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE
ARM’S–LENGTH, THIRD–PARTY CONTRACT .
(7) AFTER DELIVERY OF A C ONTRACT BY AN OWNER UNDER
PARAGRAPH (6) OF THIS SUBSECTION , THE TENANT SHALL HAV E 10 DAYS TO
EXECUTE AND RETURN T HE CONTRACT , ALONG WITH ANY REQUI RED DEPOSIT AND
PROOF OF FINANCING , TO THE OWNER .
(E) (1) AN OWNER OF A TENANT –OCCUPIED, RESIDENTIAL RENTAL
PROPERTY CONTAINING MORE THAN ONE BUT FE WER THAN FIVE INDIVI DUAL
DWELLING UNITS THAT ENTERS INTO A BONA F IDE CONTRACT OF SALE FOR THE
PROPERTY SHALL PROVI DE WRITTEN NOTICE TO EACH TENANT OF THE P ROPERTY
VIA CERTIFIED MAIL , RETURN RECEIPT REQUE STED, WITHIN 5 DAYS AFTER
ENTERING INTO THE CO NTRACT.
(2) NOTICE UNDER PARAGRAP H (1) OF THIS SUBSECTION S HALL
INCLUDE:
(I) A BONA FIDE OFFER TO S ELL THE PROPERTY TO A GROUP
OF TENANTS AT A PRIC E IDENTICAL TO ANY PENDING BONA FIDE CO NTRACT OF SALE
WITH A THIRD PARTY A ND, EXCEPT AS PROVIDED U NDER PARAGRAPH (3) OF THIS
SUBSECTION, WITH THE SAME TERMS AND CONDITIONS OF TH AT CONTRACT ;
(II) ANY INFORMATION ABOUT THE PROPERTY RELEVAN T TO
EXERCISING THE RIGHT OF FIRST REFUSAL, INCLUDING:
1. APPRAISAL INFORMATION ;
2. ARCHITECTURAL PLANS A ND SPECIFICATIONS ; AND
3. OPERATING INFORMATION ; AND
(III) ANY INFORMATION REGAR DING DEADLINES FOR A
RESPONSE TO THE BONA FIDE OFFER TO SELL .
(3) A BONA FIDE OFFER TO SELL THE PR OPERTY TO A GROUP OF
TENANTS UNDER PARAGR APH (2) OF THIS SUBSECTION M AY NOT INCLUDE A
RESTRICTION ON FINAN CING OR ON THE RIGHT OF INSPECTION.
Ch. 124 2024 LAWS OF MARYLAND
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(4) A GROUP OF TENANTS ACT ING JOINTLY SHALL HA VE 20 DAYS
AFTER THE DATE OF MA ILING OF THE NOTICE AND OFFER OF SALE REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION T O INFORM THE OWNER O F THE
TENANTS’ INTENT TO EXERCISE T HE RIGHT OF FIRST RE FUSAL BY FIRST –CLASS
MAIL.
(5) (I) IF A GROUP OF TENANTS ACTING JOINTLY FAILS TO
RESPOND TO THE NOTIC E AND OFFER OF SALE IN ACCORDANCE WITH PARA GRAPH
(4) OF THIS SUBSECTION , OR JOINTLY DECLINES TO EXERCISE THE RIGH T OF FIRST
REFUSAL, AN INDIVIDUAL TENANT MAY, WITHIN 20 DAYS AFTER THE EXPIR ATION OF
THE TIME FOR A GROUP OF TENANTS ACTING JO INTLY TO RESPOND , NOTIFY THE
OWNER VIA FIRST –CLASS MAIL OF THE IN DIVIDUAL TENANT ’S INTENT TO EXERCISE
THE RIGHT OF FIRST R EFUSAL.
(II) IF MORE THAN ONE TENA NT PROVIDES NOTICE T O AN
OWNER IN ACCORDANCE WITH THIS PARAGRAPH , THE OWNER MAY DECIDE WHICH
CONTRACT IS MORE FAV ORABLE WITHOUT LIABILIT Y TO ANOTHER TENANT .
(6) WITHIN 10 DAYS AFTER THE DATE OF MAILING OF A
NOTIFICATION IN ACCO RDANCE WITH PARAGRAP H (4) OR (5) OF THIS SUBSECTION ,
THE OWNER SHALL DELI VER TO THE GROUP OF TENANTS ACTING JOINT LY OR THE
INDIVIDUAL TENANT A N EXECUTED CONTRACT OF SALE FOR THE PROP ERTY ON THE
SAME TERMS AND CONDI TIONS AS INDICATED I N THE OFFER OF SALE OR THE
ARM’S–LENGTH, THIRD–PARTY CONTRACT .
(7) A GROUP OF TENANTS ACT ING JOINTLY OR AN IN DIVIDUAL
TENANT SHALL HAVE 10 DAYS AFTER DELIVERY TO EXECUTE AND RETURN THE
CONTRACT ALONG WITH ANY REQUIRED DEPOSIT AND PROOF OF FINANCI NG TO THE
OWNER.
(F) AN OWNER MAY NOT REQU IRE A TENANT OR GROU P OF TENANTS TO
SECURE FINANCING AND FINANCIAL ASSISTANCE FOR A PURCHASE OF PR OPERTY
UNDER THIS SECTION LESS THAN 90 DAYS AFTER THE DATE OF RETURN OF AN
EXECUTED CONTRACT .
(G) ANY DEPOSIT REQUIRED BY A CONTRACT OF SAL E UNDER THIS SECTION
MAY NOT EXCEED 4% OF THE SALE PRICE .
(H) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED
OR ASSIGNED AND A NY ATTEMPTED WAIVER OR ASSIGNMENT IS VOI D.
WES MOORE, Governor Ch. 124
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(I) AN OWNER WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 PER
VIOLATION.
(J) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT
JURISDICTION TO RESTRAIN OR EN JOIN ANY VIOLATION O F THIS SECTION.
(K) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING
THE RIGHT OF FIRST R EFUSAL OF A JURISDIC TION OR TENANT FOR T HE PURCHASE
OF A RESIDENTIAL PRO PERTY WITH FOUR OR F EWER INDIVIDUAL DWEL LING UNITS.
(2) “FAMILY MEMBER ” MEANS A SPOUSE , FORMER SPOUSE ,
DOMESTIC PARTNER , FORMER DOMESTIC PART NER, CHILD, STEPCHILD, PARENT,
STEPPARENT , SIBLING, STEPSIBLING, SON–IN–LAW, DAUGHTER–IN–LAW,
STEPSON–IN–LAW, STEPDAUGHTER –IN–LAW, PARENT–IN–LAW,
STEPPARENT –IN–LAW, GRANDPARENT , STEPGRANDPARENT , GRANDCHILD , OR
STEPGRANDCHILD .
(3) (I) “MATERIAL TERMS ” MEANS ESSENTIAL TERM S FOR THE
SALE OF A RESIDENTIA L RENTAL PROPERTY TH AT MEET THE REQUIREM ENTS IN
SUBSECTION (D) OF THIS SECTION.
(II) “MATERIAL TERMS” INCLUDES THE SALES P RICE,
SETTLEMENT DATE , AND OTHER CONTINGENC IES.
(4) “OFFER TO PURCHASE ” MEANS A GOOD FAITH O FFER FOR THE
PURCHASE OF A RESIDE NTIAL RENTAL PROPERT Y FOR A PRICE THAT A WILLING
BUYER WOULD PAY TO A WILLING SELLER IN AN ARM’S LENGTH TRANSACTION , WITH
NEITHER PARTY UNDER ANY COMPULSION TO BU Y OR SELL.
(5) “RESIDENTIAL RENTAL PR OPERTY” MEANS A TENANT –OCCUPIED
RENTAL PROPERTY FOR RESIDENTIAL USE WITH THREE OR FEWER INDIV IDUAL
DWELLING UNITS .
(6) “SECRETARY” MEANS THE SECRETARY OF HOUSING AND
COMMUNITY DEVELOPMENT .
(7) “TENANT” MEANS AN INDIVIDUAL WHO HAS OCCUPIED A
RESIDENTIAL RENTAL P ROPERTY FOR AT LEAST 6 MONTHS AND WHO IS A NAMED
LESSEE IN THE WRITTE N LEASE.
(8) “TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD ” MEANS THE
PERIOD OF TIME AFTER A TENA NT IS NOTIFIED ABOUT THE TENANT’S RIGHT TO Ch. 124 2024 LAWS OF MARYLAND
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PURCHASE THE RESIDEN TIAL RENTAL PROPERTY DURING WHICH THE TEN ANT MAY
NEGOTIATE EXCLUSIVEL Y WITH THE OWNER TO ENTER INTO A CONTRAC T OF SALE.
(B) THIS SECTION DOES NOT APPLY TO:
(1) A TRANSFER OF TITLE TO A FA MILY MEMBER OF THE O WNER;
(2) A TRANSFER OF TITLE TO A BUSINESS ENTITY WH OLLY OWNED BY
THE OWNER;
(3) A TRANSFER OF TITLE TH ROUGH A COURT ORDER , INCLUDING A
COURT ORDER FORECLOS ING THE RIGHT OF RED EMPTION, A TAX SALE, OR A SALE
BY FORECLOSURE , PARTITION, OR BY A COURT–APPOINTED TRUSTEE ;
(4) A TRANSFER BY A FIDUCI ARY IN THE COURSE OF THE
ADMINISTRATION OF A DECEDENT’S ESTATE, GUARDIANSHIP , CONSERVATORSHIP ,
OR TRUST;
(5) A TRANSFER OF TITLE TH ROUGH A TESTAMENTARY DOCUMENT , A
TRUST INSTRUMENT , OR INHERITANCE ;
(6) A TRANSFER OF BARE LEG AL TITLE INTO A REVO CABLE TRUST,
WITHOUT ACTUAL CONSI DERATION FOR THE TRA NSFER, IF THE TRANSFEROR IS THE
CURRENT BENEFICIARY OF THE TRUST;
(7) A TRANSFER OF TITLE TO THE STATE OR A LOCAL GOVE RNMENT;
(8) A TRANSFER OF TITLE IN LIEU OF FORECLOSURE OF A MORTGAGE
OR DEED OF TRUST ;
(9) A TRANSFER OF TITLE TH ROUGH A COURT ORDER ,
RECEIVERSHIP , OR COURT–APPROVED SETTLEMENT ;
(10) A TRANSFER OF TITLE THROUGH THE OR DER OF A BANKRUPTCY
COURT OR SALE BY A B ANKRUPTCY TRUSTEE OR DEBTOR IN POSSESSION ;
(11) A GIFT TRANSFER OF TIT LE TO ANY NONPROFIT ORGANIZATION
EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE;
(12) A TRANSFER OF TITLE BY A PUBLIC HO USING AUTHORITY ; OR
(13) A RESIDENTIAL RENTAL P ROPERTY WITH FOUR OR MORE
INDIVIDUAL DWELLING UNITS.
WES MOORE, Governor Ch. 124
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(C) (1) BEFORE A RESIDENTIAL RENTAL PROPERTY MAY BE OFFERED
FOR SALE TO THE PUBL IC OR A THIRD PARTY , INCLUDING THROUGH A LISTING FOR
SALE, THE OWNER AND ANY TE NANT OR GROUP OF TEN ANTS OF THE PROPERTY , AS
APPLICABLE, SHALL ENTER INTO THE TENANT’S EXCLUSIVE NEGOTIAT ION PERIOD
FOR THE PURCHASE OF THE PROPERTY .
(2) (I) THE THE OWNER OF THE PROPERT Y SHALL SEND EACH
TENANT A WRITTEN NOT ICE OF THE TENANT ’S RIGHT TO DELIVER A N OFFER TO
PURCHASE THE PROPERT Y.
(II) (2) THE WRITTEN NOTICE REQUIRED UNDER PARAG RAPH
(1) OF THIS SUBSECTION SHALL:
1. (I) BE IN THE FORM SPECIF IED IN REGULATIONS
ADOPTED BY THE SECRETARY;
2. (II) BE DELIVERED BY :
A. 1. CERTIFIED MAIL , RETURN RECEIPT REQUE STED
FIRST CLASS MAIL WITH A CERTIFICATE OF MAI LING; OR
B. 2. A DELIVERY SERVICE PRO VIDING DELIVERY
TRACKING AND CONFIRM ATION;
3. (III) CONTAIN MATERIAL TERM S THAT THE OWNER
WOULD AGREE TO INCOR PORATE IN A RESULTIN G CONTRACT OF SALE W ITH THE
TENANT;
4. (IV) STATE, IN A CONSPICUOUS MAN NER, THAT THE
NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS
AND MAY NOT BE CONSTRUED AS A BINDING CONTRACT O F SALE; AND
5. (V) STATE ANY INFORMATION REGARDING DEADLINES
FOR THE TENANT TO SU BMIT AN OFFER TO PUR CHASE, INCLUDING THE DURATI ON
OF THE TENANT ’S EXCLUSIVE NEGOTIAT ION PERIOD.
(III) (3) THE OWNER SHALL SEND A COPY OF THE N OTICE
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION TO THE OFFICE OF TENANT
AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGULATIONS EST ABLISHED BY
THE SECRETARY.
(3) (4) (I) WITHIN 30 DAYS AFTER THE TENANT RECEIVES
LANDLORD DELIVERS THE NOTICE UNDER PARAG RAPH (2) (1) OF THIS SUBSECTION , Ch. 124 2024 LAWS OF MARYLAND
– 16 –
THE TENANT MAY DELIV ER TO THE OWNER A WR ITTEN OFFER TO PURCH ASE THE
PROPERTY.
(II) WITHIN 5 DAYS AFTER THE OWNER RECEIVES THE OFFER
TO PURCHASE THE PROP ERTY FROM THE TENANT , THE OWNER SHALL :
1. IF THE OFFER CONTAINS THE SAME OR MORE
FAVORABLE MATERIAL T ERMS AS THOSE CONTAI NED IN THE NOTICE , ACCEPT THE
OFFER AND NOTIFY THE OFFICE OF TENANT AND LANDLORD AFFAIRS; OR
2. IF THE OFFER CONTAINS MATERIAL TERMS THAT
DEVIATE FROM THE TER MS OF THE NOTI CE, DELIVER A COUNTEROFF ER TO THE
TENANT WITH AN EXPLA NATION OF HOW THE OF FER DEVIATES FROM TH E NOTICE.
(III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS
DELIVERS A TIMELY OF FER TO PURCHASE THE PROPERTY, THE OWNER MAY SELECT
THE MORE FAVORABLE O FFER WITHOUT LIABILITY TO A NY OTHER TENANT .
(IV) 1. A TENANT OR GROUP OF T ENANTS MAY
AFFIRMATIVELY DECLIN E AN OFFER OF SALE B Y AN OWNER AT ANY TI ME BEFORE
AN OFFER OF PURCHASE IS REQUIRED TO BE DE LIVERED TO THE OWNER UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH .
2. A LANDLORD THAT RECEIV ES NOTICE FROM A
TENANT OR GROUP OF T ENANTS UNDER SUBSUBP ARAGRAPH 1 OF THIS
SUBPARAGRAPH MAY OFF ER THE PROPERTY FOR SALE.
(4) (5) (I) WITHIN 5 DAYS AFTER THE TENAN T RECEIVES A
COUNTEROFFER FROM TH E OWNER UNDER PARAGR APH (3)(II)2 (4)(II)2 OF THIS
SUBSECTION, THE TENANT MAY :
1. ACCEPT THE COUNTEROFF ER; OR
2. REJECT THE COUNTEROFF ER.
(II) IF THE TENANT FAILS T O RESPOND TO THE COU NTEROFFER
WITHIN 5 DAYS AFTER RECEIPT O F THE COUNTEROFFER , THE COUNTEROFFER IS
DEEMED TO BE REJECTED AND T HE OWNER SHALL NOTIF Y THE OFFICE OF TENANT
AND LANDLORD AFFAIRS.
(5) (6) A TENANT’S RIGHT OF FIRST REF USAL UNDER SUBSECTIO N
(D) OF THIS SECTION IS T ERMINATED AND THE OW NER SHALL NOTIFY THE OFFICE
OF TENANT AND LANDLORD AFFAIRS IF THE TENANT DOES NOT : WES MOORE, Governor Ch. 124
– 17 –
(I) DELIVER AN OFFER TO P URCHASE IN ACCORDANC E WITH
PARAGRAPH (3) OF THIS SUBSECTION ; OR
(II) ACCEPT A COUNTEROFFER IN ACCORDANCE WITH
PARAGRAPH (4) OF THIS SUBSECTION .
(6) (7) MATERIAL TERMS FOR TH E PURCHASE OF A RESI DENTIAL
RENTAL PROPERTY UNDE R THIS SUBSECTION :
(I) SHALL BE COMMERCIALLY REASONABLE AND MADE IN
GOOD FAITH, AND SHALL ADHERE TO GENERALLY ACCEPTED R ESIDENTIAL REAL
ESTATE PRACTICES ; AND
(II) MAY NOT INCLUDE RESTR ICTIONS ON FINANCING METHODS
OR THE RIGHT OF INSPECTION.
(D) (1) (I) BEFORE A VOLUNTARY TR ANSFER OF TITLE TO A
RESIDENTIAL RENTAL P ROPERTY MAY OCCUR , ANY TENANT OR GROUP OF TENANTS
OF THE PROPERTY , AS APPLICABLE, SHALL HAVE THE RIGHT OF FIRST REFUSAL TO
PURCHASE THE PROPERT Y IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SUBSECTION.
(II) THE RIGHT OF A THIRD PARTY TO PURCHASE AN Y
RESIDENTIAL RENTAL P ROPERTY TO WHICH THE REQUIREMENTS OF THIS SECTION
APPLY IS SUBJECT TO THE EXERCISE OF THE RIGHT OF FIRST REFUS AL BY A TENANT
OR GROUP OF TENANTS .
(2) A TENANT HAS A RIGHT O F FIRST REFUSAL TO P URCHASE
RESIDENTIAL RENTAL P ROPERTY IF:
(I) THE OWNER INTENDS TO ACCEPT AN OFFER FROM A THIRD
PARTY TO PURCHASE TH E PROPERTY FOR AN AM OUNT THAT IS AT LEAS T 10%
LOWER THAN THE LOWES T PRICE OFFERED TO T HE TENANT IN ANY PREVIOUS
NOTICE, OFFER, OR COUNTEROFFER UNDE R SUBSECTION (C) OF THIS SECTION; OR
(II) THE OWNER, WITHOUT HAVING OFFER ED THE PROPERTY
FOR SALE TO THE PUBL IC OR ANY THIRD PART Y, RECEIVES AN OFFER TO PURCHASE
THE PROPERTY FROM A THIRD PARTY.
(3) (I) IF THE OWNER RECEIVES AN OFFER TO PURCHASE THE
PROPERTY FROM A THIR D PARTY AS DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE OWNER MAY NOT AC CEPT THE OFFER UNTIL :
Ch. 124 2024 LAWS OF MARYLAND
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1. THE OWNER PROVIDES WR ITTEN NOTICE TO THE
TENANT OF THE TENANT ’S RIGHT OF FIRST REFUSAL; AND
2. THE TENANT HAS AN OPP ORTUNITY TO EXERCISE THE
RIGHT OF FIRST REFUS AL WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE
SPECIFIED IN PARAGRA PH (4)(I) OF THIS SUBSECTION .
(II) THE WRITTEN NOTICE OF THE RIGHT OF FIRST R EFUSAL TO
THE TENANT SHALL :
1. BE IN THE FORM SPECIF IED IN REGULATIONS B Y THE
SECRETARY;
2. BE DELIVERED BY :
A. CERTIFIED MAIL , RETURN RECEIPT REQUE STED
FIRST CLASS MAIL WITH A CERTIFICATE OF MAI LING; OR
B. A DELIVERY SERVICE PRO VIDING DELIVERY
TRACKING AND CONFIRMATION ;
3. CONTAIN THE SAME SALE S PRICE AS THE
THIRD–PARTY OFFER TO PURCH ASE;
4. STATE, IN A CONSPICUOUS MAN NER, THAT THE
NOTICE IS A SOLICITA TION OF AN OFFER TO PURCHASE AND IS NOT INTENDED AS
AND MAY NOT BE CONST RUED AS A BINDING CONTRACT OF SALE ; AND
5. STATE ANY INFORMATION REGARDING DEADLINES
FOR THE TENANT TO SU BMIT AN OFFER TO PUR CHASE.
(III) THE OWNER SHALL SEND A COPY OF THE NOTICE TO THE
OFFICE OF TENANT AND LANDLORD AFFAIRS IN ACCORDANCE WITH REGULATIONS
ESTABLISHED BY THE SECRETARY.
(4) (I) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER
PARAGRAPH (3) OF THIS SUBSECTION , THE TENANT MAY DELIV ER TO THE OWNER A
WRITTEN OFFER TO PUR CHASE THE PROPERTY .
(II) IF A TENANT DELIVERS AN OFFER TO PURCHASE AT THE
SAME SALES PRICE AS THE OFFER FROM THE T HIRD PARTY, THE OWNER SHALL
ACCEPT THE OFFER FRO M THE TENANT AND NOT IFY THE OFFICE OF TENANT AND
LANDLORD AFFAIRS. WES MOORE, Governor Ch. 124
– 19 –
(III) IF MORE THAN ONE TENA NT OR GROUP OF TENAN TS
DELIVERS A TIMELY OF FER TO PURCHASE THE PROPERTY, THE OWNER MAY SELECT
THE MORE FAVORABLE O FFER WITHOUT LIABILI TY TO ANY OTHER TENA NT.
(5) IF A TENANT DOES NOT DELIVER AN OFFER TO PURCHASE THE
PROPERTY IN ACCORDAN CE WITH PARAGRAPH (4) OF THIS SUBSECTION :
(I) THE OWNER MAY ACCEPT THE THIRD–PARTY OFFER;
(II) THE TENANT ’S RIGHT OF FIRST REF USAL SHALL BE
CONSIDERED WAIVED ; AND
(III) THE OWNER SHALL NOTIF Y THE OFFICE OF TENANT AND
LANDLORD AFFAIRS.
(6) IF THE OWNER ACCEPTS THE OFFER TO PURCHAS E FROM THE
TENANT UNDER PARAGRA PH (4) OF THIS SUBSECTION AND ENTER S INTO A
CONTRACT OF SALE , BUT THE CONTRACT IS TERMINATED BEFORE SE TTLEMENT,
THE TENANT’S RIGHT OF FIRST REF USAL IS WAIVED AND T HE OWNER SHALL NOTIF Y
THE OFFICE OF TENANT AND LANDLORD AFFAIRS.
(7) IF A THIRD PARTY DELI VERS AN OFFER TO PURCHASE TO THE
OWNER, THE OWNER SHALL NOTI FY THE THIRD PARTY O F A TENANT’S RIGHT OF
FIRST REFUSAL UNDER THIS SUBSECTION .
(E) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT:
(1) AN INDIVIDUAL FROM SU BMITTING AN OFFER TO PURCHASE A
PROPERTY LEASED BY THE INDIVIDUAL THAT IS OFFERED FOR SALE TO THE PUBLIC;
OR
(2) MULTIPLE TENANTS OF A RESIDENTIAL PROPERTY FROM
JOINTLY DELIVERING A N OFFER TO PURCHASE OR FROM JOINTLY CONT RACTING TO
PURCHASE THE PROPERT Y.
(F) THE RIGHTS OF A TENAN T UNDER THIS SECTION MAY NOT BE WAIVED
OR ASSIGNED AND ANY ATTEMPTED WAIVER OR ASSIGNMENT IS VOID .
(G) THIS SECTION PREEMPTS ANY LOCAL LAW OR ORD INANCE GOVERNING
THE RIGHT OF FIRST R EFUSAL OR OPPORTUNITY TO PU RCHASE OF A JURISDICTION
OR TENANT FOR THE PU RCHASE OF A RESIDENTIAL RENTAL P ROPERTY.
Ch. 124 2024 LAWS OF MARYLAND
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(H) A TENANT MAY SEEK RELI EF FROM A COURT OF C OMPETENT
JURISDICTION TO REST RAIN OR ENJOIN ANY V IOLATION OF THIS SEC TION PRIOR TO
THE CLOSING OF A CON TRACT OF SALE BETWEE N THE OWNER AND BUYE R.
(I) (H) (1) FOLLOWING CLOSING ON A CONTRACT OF SAL E BETWEEN
AN OWNER AND A TENAN T, LIABILITY FOR FAILUR E TO COMPLY WITH THI S SECTION
IS RESTRICTED TO THE OWNER AND MAY NOT AT TACH TO THE RESIDENT IAL RENTAL
PROPERTY THAT IS THE SUBJECT OF THE CONTR ACT.
(2) (I) A TENANT WHO BRINGS AN ACTION AGAINST THE OW NER
AFTER CLOSING ON A C ONTRACT OF SALE FOR FAILING TO PROVIDE T HE NOTICE
REQUIRED BY THIS SEC TION MAY NOT FILE A NOTICE OF LIS PENDEN S UNDER
MARYLAND RULE 12–102.
(II) A COURT MAY DISMISS A WRONGFULLY FILED ACT ION OF
LIS PENDENS U NDER THIS PARAGRAPH .
(J) (I) AN OWNER OF A RESIDEN TIAL RENTAL PROPERTY WHO VIOLATES
THIS SECTION IS SUBJ ECT TO A FINE OF NOT MORE THAN $1,000 PER VIOLATION.
(K) (J) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT
THIS SECTION.
8–120.
(A) THE DEPARTMENT SHALL REGU LARLY GATHER AND MON ITOR DATA
RELATED TO THE PURCH ASE OF RESIDENTIAL R ENTAL PROPERTIES BY TENANTS
UNDER § 8–119 OF THIS SUBTITLE.
(B) THE DEPARTMENT SHALL PUBL ISH THE DATA GATHERE D UNDER
SUBSECTION (A) OF THIS SECTION IN A DATA DASHBOARD ON THE DEPARTMENT ’S
WEBSITE.
(C) (1) THE DEPARTMENT SHALL ORGA NIZE THE DATA GATHER ED
UNDER SUBSECTION (A) OF THIS SECTION INTO OPEN DATA SETS ON A ROLLING
BASIS THAT ALLOW AUT OMATED SEARCHING , SPATIAL ANALYSIS , VISUALIZATION,
AND PROCESSING .
(2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE THE
ORGANIZED DATA TO STATE OR LOCAL GOVERN MENTAL ENTITIES AND
INSTITUTIONS OF HIGH ER EDUCATION THAT AR E LOCATED IN THE STATE.
WES MOORE, Governor Ch. 124
– 21 –
(D) THE DEPARTMENT MAY NOT PU BLISH DATA UNDER THI S SECTION THAT
IS PRIVILEGED OR OTHERWISE PROTECT ED BY LAW FROM DISCL OSURE.
8–203.
(b) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
A landlord may not impose a security deposit in excess of the equivalent of [two months’] 1
MONTH’S rent per dwelling unit, regardless of the number of tenants.
(2) A LANDLORD MAY IMPOSE A SECURITY DEPOSIT I N AN AMOUNT
EQUIVALENT TO UP TO 2 MONTHS’ RENT IF:
(I) THE TENANT IS ELIGIBL E AND HAS QUALIFIED FOR UTILITY
ASSISTANCE THROUGH T HE DEPARTMENT OF HUMAN SERVICES;
(II) THE LEASE AGREEMENT REQU IRES THAT THE TENANT MAKE
PAYMENTS FOR UTILITY SERVICES DIRECTLY TO THE LANDLORD ; AND
(III) THE TENANT AND LANDLO RD AGREE IN WRITING TO THE
AMOUNT OF THE SECURI TY DEPOSIT.
(2) (3) If a landlord [charges more than the equivalent of two months’
rent per dwelling unit as a security deposit] VIOLATES PARAGRAPH (1) OF THIS
SUBSECTION , the tenant may recover up to [threefold] THREE TIMES the extra amount
charged, plus reasonable attorney’s fees.
(3) (4) An action under this section may be brought at any time during
the tenancy or within [two] 2 years after its termination.
(f) (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 OR THE AMOUNT OF A S URCHARGE AUTHORIZED
UNDER § 7–301(C)(5)(II) OF THE COURTS ARTICLE.
(i) (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]
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; OR
Ch. 124 2024 LAWS OF MARYLAND
– 22 –
4. THE AMOUNT OF A SURCH ARGE AUTHORIZED UNDE R
§ 7–301(C)(5)(II) OF THE COURTS ARTICLE.
8–208.
(b) A landlord who rents using a written lease shall provide, upon written request
from any prospective applicant for a lease, a copy of the proposed form of lease in writing,
complete in every material detail, except for the date, the name and address of the tenant,
the designation of the premises, and the rental rate without requiring execution of the lease
or any prior deposit.
(c) A lease shall include:
(1) A statement that the premises will be made available in a condition
permitting habitation, with reasonable safety, if that is the agreement, or if that is not the
agreement, a statement of the agreement concerning the condition of the premises;
(2) The landlord’s and the tenant’s specific obligations as to heat, gas,
electricity, water, and repair of the premises; [and]
(3) A receipt for the security deposit as specified in § 8–203.1 of this
subtitle; AND
(4) A COPY OF THE MO ST CURRENT VERSION O F THE MARYLAND
TENANTS’ BILL OF RIGHTS PUBLISHED BY T HE OFFICE OF TENANTS’ RIGHTS
TENANT AND LANDLORD AFFAIRS IN THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT .
(d) A landlord may not use a lease or form of lease containing any provision that:
(1) Has the tenant authorize any person to confess judgment on a claim
arising out of the lease;
(2) Has the tenant agree to waive or to forego any right or remedy provided
by applicable law;
(3) (i) Provides for a penalty for the late payment of rent in excess of
5% of the amount of rent due for the rental period for which the payment was delinquent;
or
(ii) In the case of leases under which the rent is paid in weekly rental
installments, provides for a late penalty of more than $3 per week or a total of no more than
$12 per month;
(4) Has the tenant waive the right to a jury trial; WES MOORE, Governor Ch. 124
– 23 –
(5) Has the tenant agree to a period required for landlord’s notice to quit
which is less than that provided by applicable law[; provided, however, that neither party
is prohibited from agreeing], EXCEPT THAT THE PART IES MAY AGREE to a longer notice
period than that required by applicable law;
(6) Authorizes the landlord to take possession of the leased premises, or
the tenant’s personal property unless the lease has been terminated by action of the parties
or by operation of law, and the personal property has been abandoned by the tenant without
the benefit of formal legal process;
(7) Is against public policy and void [pursuant to] UNDER § 8–105 of this
title;
(8) Permits a landlord to commence an eviction proceeding or issue a notice
to quit solely as retaliation against any tenant for planning, organizing, or joining a tenant
organization with the purpose of negotiating collectively with the landlord;
(9) Requires the tenant to accept notice of rent increases under § 8–209 OF
THIS SUBTITLE OR § 8–401 OF THIS TITLE by electronic delivery; [or]
(10) (i) Limits the ability of a tenant to summon the assistance of law
enforcement or emergency services or penalizes a tenant solely for summoning the
assistance of law enforcement or emergency services; or
(ii) Penalizes a tenant for the actions of another individual solely
because the individual summoned the assistance of law enforcement or emergency services;
(11) REQUIRES A TENANT TO PAY MORE THAN THE SU M OF THE
SECURITY DEPOSIT UND ER § 8–203(B) OF THIS SUBTITLE AND THE FIRST MONTH ’S
RENT IN ORDER TO COM MENCE THE LEASE AND OCCUPY THE PREMISES ;
(12) WAIVES OR PLACES COND ITIONS ON A TENANT ’S RIGHT OF FIRST
REFUSAL UNDER § 8–119 OF THIS TITLE; OR
(13) PROVIDES EXCEPT AS AUTHORIZED UNDER § 7–301(C)(5)(II) OF
THE COURTS ARTICLE, PROVIDES THAT A TENANT IS RES PONSIBLE FOR , OR
REQUIRES A TENANT TO AGREE TO BE RESPONSI BLE FOR, PAYMENT OF A FILING
SURCHARGE ASSESSED A GAINST THE LANDLORD BY THE DISTRICT COURT UNDER §
7–301(C)(2)(I)1 OF THE COURTS ARTICLE.
8–401.
Ch. 124 2024 LAWS OF MARYLAND
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(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it
shall be lawful for the landlord to have again and repossess the premises in accordance
with this section.
(b) (2) Subject to § 8–406 of this subtitle and after completing the procedures
required under subsection (c) of this section, a landlord or the landlord’s duly qualified
agent or attorney may file the landlord’s written complaint under oath or affirmation, in
the District Court of the county wherein the property is situated:
(iv) Requesting to repossess the premises and, if requested by the
landlord, a judgment for the amount of rent due, costs, EXCLUDING ANY SURCHA RGE
ASSESSED AGAINST A L ANDLORD UNDER § 7–301(C) OF THE COURTS ARTICLE, and
any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant
under § 7–309 of the Public Utilities Article;
(c) (1) Before a landlord may file a complaint under this section, the landlord
shall provide to the tenant a written notice of the landlord’s intent to file a claim in the
District Court against the tenant to recover possession of the residential premises if the
tenant does not cure within 10 days after the written notice is provided to the tenant.
(2) (I) The written notice required under paragraph (1) of this
subsection shall be in a form created by the Maryland Judiciary and notice shall occur when
the notice is:
[(i)] 1. Sent by first–class mail, certificate of mailing;
[(ii)] 2. Affixed to the door of the premises; or
[(iii)] 3. If elected by the tenant, sent by electronic delivery in at
least one of the following forms:
[1.] A. An e–mail message;
[2.] B. A text message; or
[3.] C. Through an electronic tenant portal.
(II) ELECTRONIC NOTICE UND ER SUBPARAGRAPH (I)3 OF THIS
PARAGRAPH SHALL PROV IDE THE LANDLORD WIT H PROOF OF THE TRANS MISSION
OF THE NOTICE.
(3) (i) A complaint for repossession filed in accordance with this section
shall include [a]:
WES MOORE, Governor Ch. 124
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1. A statement that states and affirms the date on which the
landlord provided the notice required under paragraph (1) of this subsection; AND
2. PROOF THAT THE LANDLO RD PROVIDED THE NOTI CE
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION .
(ii) A tenant may challenge assertions made by a landlord under this
paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient
cause.
(4) A LANDLORD MAY NOT CON DITION THE ACCEPTANC E OF A LEASE
APPLICATION ON THE T ENANT’S ELECTION TO RECEIV E NOTICE UNDER THIS
SUBSECTION BY ELECTR ONIC DELIVERY.
(f) (1) (i) Subject to the provisions of paragraph (2) of this subsection, if
judgment is given in favor of the landlord, and the tenant fails to comply with the
requirements of the order within [4] 7 days, the court shall, at any time after the expiration
of the [4] 7 days, issue its warrant, directed to any official of the county entitled to serve
process, ordering the official to cause the landlord to have again and repossess the property
by putting the landlord [(or], OR the landlord’s duly qualified agent or attorney [for the
landlord’s benefit)], in possession [thereof] OF THE PROPERTY , and for that purpose to
remove from the property, by force if necessary, all the furniture, implements, tools, goods,
effects or other chattels of every description whatsoever belonging to the tenant, or to any
person claiming or holding by or under [said] THE tenant.
(2) (i) The administrative judge of any district [may] SHALL stay the
execution of a warrant of restitution of a residential property, from day to day, in the event
of [extreme]:
1. EXTREME weather conditions AFFECTING THE
RESIDENTIAL PROPERTY , INCLUDING:
A. 1. A TEMPERATURE OR NEXT –DAY FORECASTED
TEMPERA TURE OF 32 DEGREES FAHRENHEIT OR LOWER ;
B. 2. A WINTER STORM WARNING OR BLIZZARD WARNING
ISSUED BY THE NATIONAL WEATHER SERVICE;
C. 3. A HURRICANE WARNING OR TROPICAL STORM
WARNING ISSUED BY TH E NATIONAL WEATHER SERVICE; AND
D. 4. AN EXCESSIVE HEAT WARNI NG ISSUED BY THE
NATIONAL WEATHER SERVICE; OR
Ch. 124 2024 LAWS OF MARYLAND
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2. ANY OTHER STATE OF EM ERGENCY DECLARED
UNDER § 14–107 OF THE PUBLIC SAFETY ARTICLE.
(ii) When a stay has been granted under this paragraph, the
execution of the warrant of restitution for which the stay has been granted shall be given
priority and completed within [3] 5 days after the extreme weather conditions cease OR
THE STATE OF EMERGEN CY IS TERMINATED OR EXPIRES.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Courts and Judicial Proceedings
7–202.
(d) The State Court Administrator, as part of the Administrator’s determination
of the amount of court costs and charges in civil cases, shall assess a surcharge that:
(1) May not be more than [$55] $85 per case; and
(2) Shall be deposited into the Maryland Legal Services Corporation Fund
established under § 11–402 of the Human Services Article.
7–301.
(c) (1) The filing fees and costs in a civil case are those prescribed by law
subject to modification by law, rule, or administrative regulation.
(2) The Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. [$8] $83 $43 per [summary ejectment] case FOR THE
FOLLOWING CASES :
A. SUMMARY EJECTMENT ;
B. TENANT HOLDING OVER ; OR
C. BREACH OF LEASE THAT SEEKS A JUDGMENT FOR
POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and
2. [$18] $28 per case for all other civil cases; and
(ii) Shall be deposited: WES MOORE, Governor Ch. 124
– 27 –
1. FOR A SURCHARGE ASSES SED UNDER ITEM (I)1 OF
THIS PARAGRAPH :
A. 50% INTO THE STATEWIDE RENTAL ASSISTANCE
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND
COMMUNITY DEVELOPMENT ARTICLE; AND
B. 50% INTO THE MARYLAND LEGAL SERVICES
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES
ARTICLE; AND
2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF
THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under
§ 11–402 of the Human Services Article.
(3) (i) In addition to the surcharge assessed under paragraph (2) of this
subsection, the Chief Judge of the District Court shall assess a surcharge that may not be
more than $10 per case for the following cases filed in Baltimore City:
1. Summary ejectment;
2. Tenant holding over;
3. Breach of lease; and
4. Warrant of restitution.
(ii) The revenue generated from the surcharge on filing fees collected
by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be:
1. Remitted quarterly to the Baltimore City Director of
Finance; and
2. Used to fund the enhancement of sheriff benefits and the
increase in sheriff personnel to enhance the service of domestic violence orders.
(4) In addition to the surcharge assessed under paragraphs (2) and (3) of
this subsection, the Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. $3 per summary ejectment case; and
2. $8 per case for all other civil cases; and
Ch. 124 2024 LAWS OF MARYLAND
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(ii) Shall be deposited into the Circuit Court Real Property Records
Improvement Fund established under § 13–602 of this article.
(5) (I) A EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS
SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT BY THE COURT.
(II) A COURT MAY ALLOW A LA NDLORD TO DEDUCT A
SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS SUBSECTION F ROM THE
TENANT’S SECURITY DEPOSIT I F:
1. A JUDGMENT FOR POSSESS ION IS GRANTED IN TH E
LANDLORD’S FAVOR; AND
2. THE LEASE A GREEMENT PROVIDES TH AT A
SURCHARGE MAY BE ASS ESSED AGAINST THE TE NANT IN ACCORDANCE W ITH THIS
PARAGRAPH .
(III) A DEDUCTION UNDER SUBP ARAGRAPH (II) OF THIS
PARAGRAPH MAY NOT EX CEED THE AMOUNT OF A TENANT’S SECURITY DEPOSIT .
[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver
of prepayment of filing fees and other costs in cases of indigency.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Courts and Judicial Proceedings
7–202.
(d) The State Court Administrator, as part of the Administrator’s determination
of the amount of court costs and charges in civil cases, shall assess a surcharge that:
(1) May not be more than [$55] $85 per case; and
(2) Shall be deposited into the Maryland Legal Services Corporation Fund
established under § 11–402 of the Human Services Article.
7–301.
(c) (1) The filing fees and costs in a civil case are those prescribed by law
subject to modification by law, rule, or administrative regulation. WES MOORE, Governor Ch. 124
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(2) The Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. [$8] $83 $43 per [summary ejectment] case FOR THE
FOLLOWING CASES :
A. SUMMARY EJECTMENT ;
B. TENANT HOLDING OVER ; OR
C. BREACH OF LEASE THAT SEEKS A J UDGMENT FOR
POSSESSION OF RESIDE NTIAL PROPERTY AGAIN ST A RESIDENTIAL TEN ANT; and
2. [$18] $28 per case for all other civil cases; and
(ii) Shall be deposited:
1. FOR A SURCHARGE ASSES SED UNDER ITEM (I)1 OF
THIS PARAGRAPH :
A. 45% INTO THE STATEWIDE RENTAL ASSISTANCE
VOUCHER PROGRAM ESTABLISHED U NDER § 4–2902 OF THE HOUSING AND
COMMUNITY DEVELOPMENT ARTICLE;
B. 45% INTO THE MARYLAND LEGAL SERVICES
CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES
ARTICLE; AND
C. 10% INTO THE RENTAL ASSISTANCE FOR
COMMUNITY SCHOOLS FAMILIES FUND ESTABLISHED UNDE R § 9.9–104.1 OF THE
EDUCATION ARTICLE; AND
2. FOR A SURCHARGE ASSES SED UNDER ITEM (I)2 OF
THIS PARAGRAPH , into the Maryland Legal Services Corporation Fund established under
§ 11–402 of the Human Services Article.
(3) (i) In addition to the surcharge assessed under paragraph (2) of this
subsection, the Chief Judge of the District Court shall assess a surcharge that may not be
more than $10 per case for the following cases filed in Baltimore City:
1. Summary ejectment;
2. Tenant holding over; Ch. 124 2024 LAWS OF MARYLAND
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3. Breach of lease; and
4. Warrant of restitution.
(ii) The revenue generated from the surcharge on filing fees collected
by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be:
1. Remitted quarterly to the Baltimore City Director of
Finance; and
2. Used to fund the enhancement of sheriff benefits and the
increase in sheriff personnel to enhance the service of domestic violence orders.
(4) In addition to the surcharge assessed under paragraphs (2) and (3) of
this subsection, the Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. $3 per summary ejectment case; and
2. $8 per case for all other civil cases; and
(ii) Shall be deposited into the Circuit Court Real Property Records
Improvement Fund established under § 13–602 of this article.
(5) (I) A EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , A SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS
SUBSECTION SHALL BE ASSESSED AGAINST A L ANDLORD AND MAY NOT BE AWARDED
OR ASSIGNED AS A FEE OR COST AGAINST A RE SIDENTIAL TENANT BY THE COURT.
(II) A COURT MAY ALLOW A LA NDLORD TO DEDUCT A
SURCHARGE ASSESSED U NDER PARAGRAPH (2)(I)1 OF THIS SUBSECTION F ROM THE
TENANT’S SECURITY DEPOSIT I F:
1. A JUDGMENT FOR POSSESS ION IS GRANTED IN THE
LANDLORD’S FAVOR; AND
2. THE LEASE AGREEMENT P ROVIDES THAT A
SURCHARGE MAY BE ASS ESSED AGAINST THE TE NANT IN ACCORDANCE W ITH THIS
PARAGRAPH .
(III) A DEDUCTION UNDER SUBP ARAGRAPH (II) OF THIS
PARAGRAPH MAY NOT EX CEED THE AMOUNT OF A TENANT’S SECURITY DEPOSIT .
WES MOORE, Governor Ch. 124
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[(5)] (6) The Supreme Court of Maryland may provide by rule for waiver
of prepayment of filing fees and other costs in cases of indigency.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Real Property
14–133.
(a) (1) In this section the following words have the meanings indicated.
(2) “COMPLAINT” MEANS A COMPLAINT FI LED UNDER TITLE 7,
SUBTITLE 1 OF THIS ARTICLE, § 8–401, § 8–402, § 8–402.1, OR § 8–402.2 OF THIS
ARTICLE, OR § 14–132 OF THIS SUBTITLE.
[(2)] (3) “Department” means the Department of Housing and
Community Development.
[(3)] (4) “Eviction data” means, for each PREMISES SUBJECT TO A
warrant [of restitution or writ of possession issued in accordance with a judgment for
possession of residential property entered under Title 7, Subtitle 1 of this article, §§ 8–401
through 8–402.2 of this article, or § 14–132 of this subtitle], REGARDLES S OF WHETHER
AN EVICTION OCCURS , THE FOLLOWING INFORM ATION:
(i) THE NAME OF THE LANDL ORD OF THE PREMISES ;
(II) The STREET ADDRESS , CITY, county, and zip code of the
[subject] premises SUBJECT TO THE WARRA NT;
[(ii) The date of execution of the warrant or writ; and
(iii) The type of action from which the warrant or writ was issued]
(III) THE DATE OF FILING OF THE COMPLAINT AND TH E TYPE OF
ACTION;
(IV) FOR A HEARING OR TRIA L RELATING TO THE CO MPLAINT:
1. WHETHER THE TENANT AP PEARED AT THE HEARING
OR TRIAL; AND
2. WHETHER THE TENANT HA D LEGAL
REPRESENTATION ;
Ch. 124 2024 LAWS OF MARYLAND
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(V) THE DATE OF ENTRY OF A JUDGMENT FOR POSSE SSION;
(VI) IF APPLICABLE, WHETHER THE RIGHT OF REDEMPTION WAS
FORECLOSED AT THE TI ME OF THE ENTRY OF J UDGMENT FOR POSSESSION;
(VII) THE DATE OF ISSUANCE OF THE WARRANT ; AND
(VIII) THE OUTCOME OF THE IS SUANCE OF THE WARRAN T,
INCLUDING:
1. AN EVICTION EXECUTED BY A SHERIFF’S OFFICE;
2. THE CANCELLATION OF T HE WARRANT ;
3. THE EXPIRATION OF THE WARRANT; AND
4. ANY OTHER OUTCOME .
(5) “PUBLICLY DISCLOSABLE DATA” MEANS DATA THAT IS N OT
REQUIRED TO BE WITHH ELD FROM DISCLOSURE UNDER THE PUBLIC INFORMATION
ACT OR ANY OTHER LAW .
(6) “WARRANT” MEANS A WARRANT OF R ESTITUTION, A WARRANT
ISSUED TO A SHERIFF OR CONST ABLE COMMANDING A TE NANT TO DELIVER
POSSESSION TO A LAND LORD, OR A WRIT OF POSSESS ION, ISSUED AS THE RESULT
OF A JUDGMENT FOR PO SSESSION OF RESIDENT IAL PROPERTY.
(b) (1) Each month, the Judiciary shall collect, compile, and share complete
eviction data from the immediately preceding month with the Department in the manner
required by the Department.
(2) IF THE JUDICIARY DISCOVERS T HAT EVICTION DATA SH ARED
WITH THE DEPARTMENT FOR ANY CO LLECTION PERIOD IS I NACCURATE OR
INCOMPLETE , THE JUDICIARY SHALL NOTIF Y THE DEPARTMENT OF THE
INACCURACY OR INCOMP LETENESS AND PROVIDE THE DEPARTMENT WITH
UPDATED EVICTION DAT A.
(c) The Department shall:
(1) Organize and format the data received under subsection (b) of this
section;
(2) Publish the PUBLICLY DISCLOSABLE data in a data dashboard on the
Department’s website and update the dashboard monthly; WES MOORE, Governor Ch. 124
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(3) Make the PUBLICLY DISCLOSABLE data available for download in
open data sets that allow automated searching, spatial analysis, visualization, and
processing, on request by:
(i) A State agency;
(ii) An agency of a county or municipal corporation; or
(iii) An academic institution located in the State; and
(4) On or before August 31, 2023, and each year thereafter, submit a report
on the eviction data to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly.
SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take
effect October 1, 2024, contingent on the taking effect of Chapter ____ (S.B. 370/H.B. 428)
of the Acts of the General Assembly of 2024. If Section 3 of this Act takes effect, Section 2
of this Act, with no further action required by the General Assembly, shall be abrogated
and of no further force and effect.
SECTION 3. 6. AND BE IT FURTHER ENACTED, That Section 2 4 of this Act shall
take effect October 1, 2025.
SECTION 4. 7. AND BE IT FURTHER ENACTED, That, subject to Section 5 of this
Act, and except as provided in Section 3 6 of this Act, this Act shall take effect October 1,
2024.
Approved by the Governor, April 25, 2024.