| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb1076* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1076 | |
| 11 | 8 | N1 5lr2069 | |
| 12 | 9 | ||
| 13 | 10 | By: Delegates Terrasa, Acevero, Charkoudian, Fair, Foley, Kaufman, Lehman, | |
| 14 | - | Schindler, Solomon, Stewart, Woorman, and Young Young, Behler, Healey, | |
| 15 | - | and Ruth | |
| 11 | + | Schindler, Solomon, Stewart, Woorman, and Young | |
| 16 | 12 | Introduced and read first time: February 5, 2025 | |
| 17 | 13 | Assigned to: Environment and Transportation | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted with floor amendments | |
| 20 | - | Read second time: March 6, 2025 | |
| 21 | 14 | ||
| 22 | - | ||
| 15 | + | A BILL ENTITLED | |
| 23 | 16 | ||
| 24 | 17 | AN ACT concerning 1 | |
| 25 | 18 | ||
| 26 | 19 | Residential Real Property – Landlord and Tenant – Notice of Landlord Entry 2 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of requiring a landlord of residential property to provide a tenant with 3 | |
| 29 | 22 | certain written notice in a certain manner before the landlord intends to enter a 4 | |
| 30 | 23 | leased premises except under certain circumstances; authorizing the court to issue a 5 | |
| 31 | 24 | certain injunction or assess certain damages under certain circumstances; and 6 | |
| 32 | 25 | generally relating to a landlord entry to a leased premises. 7 | |
| 33 | 26 | ||
| 34 | 27 | BY adding to 8 | |
| 35 | 28 | Article – Real Property 9 | |
| 36 | 29 | Section 8–220 10 | |
| 37 | 30 | Annotated Code of Maryland 11 | |
| 38 | 31 | (2023 Replacement Volume and 2024 Supplement) 12 | |
| 39 | 32 | ||
| 40 | 33 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 41 | 34 | That the Laws of Maryland read as follows: 14 | |
| 42 | 35 | ||
| 43 | 36 | Article – Real Property 15 | |
| 44 | 37 | ||
| 45 | 38 | 8–220. 16 | |
| 46 | 39 | ||
| 47 | 40 | (A) SUBJECT TO SUBSECTIONS (B) AND (C) OF THIS SECTION, A LANDLORD 17 | |
| 48 | - | MAY ENTER A LEASED P REMISES FOR THE PURP OSE OF: 18 2 HOUSE BILL 1076 | |
| 41 | + | MAY ENTER A LEASED P REMISES FOR THE PURP OSE OF: 18 | |
| 42 | + | ||
| 43 | + | (1) COMPLETING REPAIRS , MAINTENANCE , MODIFICATIONS , 19 | |
| 44 | + | RENOVATIONS , OR IMPROVEMENTS TO T HE LEASED PREMISES ; 20 | |
| 45 | + | ||
| 46 | + | (2) INSPECTING THE LEASED PREMISES; 21 | |
| 47 | + | 2 HOUSE BILL 1076 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (3) SHOWING THE LEASED PREMISES TO PROSPECTIVE OR AC TUAL 1 | |
| 51 | + | PURCHASERS , MORTGAGEES , TENANTS, OR CONTRACTORS ; 2 | |
| 51 | 52 | ||
| 52 | - | ( | |
| 53 | - | ||
| 53 | + | (4) ENSURING THE PROTECTI ON AND SAFETY OF THE PROPERTY AND 3 | |
| 54 | + | OCCUPANTS; OR 4 | |
| 54 | 55 | ||
| 55 | - | ( | |
| 56 | + | (5) COMPLETING WORK ORDER ED BY A GOVERNMENTAL ENTITY. 5 | |
| 56 | 57 | ||
| 57 | - | ( | |
| 58 | - | ||
| 58 | + | (B) (1) EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , 6 | |
| 59 | + | BEFORE ENTERING A LE ASED PREMISES , A LANDLORD SHALL : 7 | |
| 59 | 60 | ||
| 60 | - | (4) ENSURING THE PROTECTI ON AND SAFETY OF THE PROPERTY AND 6 | |
| 61 | - | OCCUPANTS; OR 7 | |
| 61 | + | (I) PROVIDE WRITTEN NOTICE TO THE TENANT OF THE 8 | |
| 62 | + | LANDLORD’S INTENT TO ENTER IN ACCORDANCE WITH SUBSECTION (C) OF THIS 9 | |
| 63 | + | SECTION; AND 10 | |
| 62 | 64 | ||
| 63 | - | (5) COMPLETING WORK ORDER ED BY A GOVERNMENTAL ENTITY ; OR 8 | |
| 65 | + | (II) ENTER ONLY BETWEEN TH E HOURS OF 9:00 A.M. AND 5:00 11 | |
| 66 | + | P.M. MONDAY THROUGH SATURDAY, OR ANOTHER TIME AGRE ED ON, IN WRITING, BY 12 | |
| 67 | + | THE TENANT. 13 | |
| 64 | 68 | ||
| 65 | - | (6) IF APPROPRIATE , RESPONDING TO ANY OT HER WRITTEN 9 | |
| 66 | - | REQUEST OF THE TENAN T. 10 | |
| 69 | + | (2) A LANDLORD MAY ENTER T HE LEASED PREMISES W ITHOUT 14 | |
| 70 | + | PROVIDING NOTICE UND ER THIS SUBSECTION I N THE EVENT OF AN EMER GENCY TO 15 | |
| 71 | + | ENSURE THE IMMINENT PROTECTION OR PRESER VATION OF THE PROPER TY OR THE 16 | |
| 72 | + | IMMINENT PROTECTION AND SAFETY OF ANY OCCUPANTS. 17 | |
| 67 | 73 | ||
| 68 | - | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 11 | |
| 69 | - | BEFORE ENTERING A LE ASED PREMISES , A LANDLORD SHALL : 12 | |
| 74 | + | (C) (1) A LANDLORD SHALL PROVI DE WRITTEN NOTICE TO THE TENANT 18 | |
| 75 | + | AT LEAST 48 HOURS IN ADVANCE OF THE TIME THAT THE LA NDLORD INTENDS TO 19 | |
| 76 | + | ENTER THE LEASED PRE MISES. 20 | |
| 70 | 77 | ||
| 71 | - | (I) PROVIDE WRITTEN NOTIC E TO THE TENANT OF THE 13 | |
| 72 | - | LANDLORD’S INTENT TO ENTER IN ACCORDANCE WITH SUBS ECTION (C) OF THIS 14 | |
| 73 | - | SECTION; AND 15 | |
| 78 | + | (2) THE NOTICE SHALL INCL UDE: 21 | |
| 74 | 79 | ||
| 75 | - | (II) ENTER ONLY BETWEEN TH E HOURS OF 9:00 7:00 A.M. AND 16 | |
| 76 | - | 5:00 7:00 P.M. MONDAY THROUGH SATURDAY, OR ANOTHER TIME AGRE ED ON, IN 17 | |
| 77 | - | WRITING, BY THE TENANT . 18 | |
| 80 | + | (I) THE DATE AND APPROXIMATE TIME THAT THE LAND LORD 22 | |
| 81 | + | INTENDS TO ENTER ; AND 23 | |
| 78 | 82 | ||
| 79 | - | (2) A LANDLORD MAY ENTER T HE LEASED PREMISES W ITHOUT 19 | |
| 80 | - | PROVIDING NOTICE UND ER THIS SUBSECTION I N THE EVENT OF AN EM ERGENCY TO 20 | |
| 81 | - | ENSURE THE IMMINENT PROTECTION OR PRESER VATION OF THE PROPER TY OR, 21 | |
| 82 | - | THE IMMINENT PROTECT ION AND SAFETY OF AN Y OCCUPANTS , OR THE HEALTH , 22 | |
| 83 | - | SAFETY, AND WELFARE OF OTHER TENANTS AND STAFF . 23 | |
| 83 | + | (II) THE SPECIFIC PURPOSE OF E NTRY. 24 | |
| 84 | 84 | ||
| 85 | - | (C) (1) A LANDLORD SHALL PROVI DE WRITTEN NOTICE TO THE TENANT 24 | |
| 86 | - | AT LEAST 48 24 HOURS IN ADVANCE OF THE TIME THAT THE LA NDLORD INTENDS TO 25 | |
| 87 | - | ENTER THE LEASED PRE MISES. 26 | |
| 85 | + | (3) THE NOTICE SHALL BE DELIVERED BY: 25 | |
| 88 | 86 | ||
| 89 | - | (2) THE NOTICE SHALL INCL UDE: 27 | |
| 87 | + | (I) IF THE NOTICE IS DELI VERED AT LEAST 48 HOURS BEFORE 26 | |
| 88 | + | THE SPECIFIED TIME , FIRST–CLASS MAIL, WITH A CERTIFICATE O F MAILING; 27 | |
| 90 | 89 | ||
| 91 | - | (I) THE DATE AND APPROXIMATE TIME THAT THE LANDLO RD 28 | |
| 92 | - | INTENDS TO ENTER ; AND 29 | |
| 93 | - | ||
| 94 | - | (II) THE SPECIFIC PURPOSE OF ENTRY. 30 HOUSE BILL 1076 3 | |
| 90 | + | (II) PAPER NOTICE AFFIXED TO THE DOOR O F THE LEASED 28 | |
| 91 | + | PREMISES; OR 29 | |
| 92 | + | HOUSE BILL 1076 3 | |
| 95 | 93 | ||
| 96 | 94 | ||
| 95 | + | (III) IF ELECTED BY THE TEN ANT, ELECTRONIC DELIVERY IN AT 1 | |
| 96 | + | LEAST ONE OF THE FOL LOWING FORMS : 2 | |
| 97 | 97 | ||
| 98 | - | ||
| 98 | + | 1. AN E–MAIL MESSAGE ; 3 | |
| 99 | 99 | ||
| 100 | - | (I) IF THE NOTICE IS DELI VERED AT LEAST 48 24 HOURS 2 | |
| 101 | - | BEFORE THE SPECIFIED TIME, FIRST–CLASS MAIL, WITH A CERTIFICATE OF 3 | |
| 102 | - | MAILING; 4 | |
| 100 | + | 2. A TEXT MESSAGE ; OR 4 | |
| 103 | 101 | ||
| 104 | - | (II) PAPER NOTICE AFFIXED TO THE DOOR OF THE L EASED 5 | |
| 105 | - | PREMISES; OR 6 | |
| 102 | + | 3. THROUGH AN ELECTRONIC TENANT PO RTAL THAT IS 5 | |
| 103 | + | ACCESSIBLE TO THE TE NANT AT THE TIME THE NOTICE IS DELIVERED AND THE 6 | |
| 104 | + | SPECIFIED ENTRY TIME . 7 | |
| 106 | 105 | ||
| 107 | - | ( | |
| 108 | - | ||
| 106 | + | (4) ELECTRONIC DELIVERY S HALL PROVIDE THE LAN DLORD WITH 8 | |
| 107 | + | PROOF OF TRANSMISSIO N OF THE NOTICE. 9 | |
| 109 | 108 | ||
| 110 | - | 1. AN E–MAIL MESSAGE ; 9 | |
| 109 | + | (5) A TENANT MAY AGREE IN WRITING TO ALLOW A LANDLORD TO 10 | |
| 110 | + | ENTER THE LEASED PREMISES LESS THAN 48 HOURS FROM RECEIPT O F NOTICE. 11 | |
| 111 | 111 | ||
| 112 | - | 2. A TEXT MESSAGE ; OR 10 | |
| 112 | + | (D) (1) TO SEEK RELIEF UNDER THIS SECTION , A TENANT SHALL 12 | |
| 113 | + | DEMONSTRATE THAT : 13 | |
| 113 | 114 | ||
| 114 | - | 3. THROUGH AN ELECTRONIC TEN ANT PORTAL THAT IS 11 | |
| 115 | - | ACCESSIBLE TO THE TE NANT AT THE TIME THE NOTICE IS DELIVERED AND THE 12 | |
| 116 | - | SPECIFIED ENTRY TIME . 13 | |
| 115 | + | (I) A LANDLORD HAS ENTERED THE LEASED PREMISES IN 14 | |
| 116 | + | VIOLATION OF THIS SE CTION; OR 15 | |
| 117 | 117 | ||
| 118 | - | ( | |
| 119 | - | ||
| 118 | + | (II) A LANDLORD HAS MADE RE PEATED DEMANDS FOR E NTRY 16 | |
| 119 | + | THAT ARE NOT IN COMP LIANCE WITH THE REQUIREMENTS OF THIS SECTION. 17 | |
| 120 | 120 | ||
| 121 | - | (5) A TENANT MAY AGREE IN WRITING TO ALLOW A L ANDLORD TO 16 | |
| 122 | - | ENTER THE LEASED PRE MISES LESS THAN 48 24 HOURS FROM RECEIPT O F NOTICE. 17 | |
| 121 | + | (2) IN RESPONSE TO AN ACT ION BROUGHT UNDER TH IS SECTION, THE 18 | |
| 122 | + | COURT MAY ISSUE AN I NJUNCTION TO THE LAN DLORD, ASSESS APPROPRIATE 19 | |
| 123 | + | DAMAGES AGAINST THE LANDLORD FOR BR EACH OF TENANT ’S COVENANT TO QUIET 20 | |
| 124 | + | ENJOYMENT OF THE LEA SED PREMISES, OR BOTH. 21 | |
| 123 | 125 | ||
| 124 | - | (D) (1) TO SEEK RELIEF UNDER THIS SECTION , A TENANT SHALL 18 | |
| 125 | - | DEMONSTRATE THAT : 19 | |
| 126 | + | (E) A LANDLORD IS LIABLE F OR ANY VIOLATION OF THIS SECTION 22 | |
| 127 | + | COMMITTED BY THE LANDLORD OR AN AGENT ACTING A T THE DIRECTION OF T HE 23 | |
| 128 | + | LANDLORD. 24 | |
| 126 | 129 | ||
| 127 | - | (I) A LANDLORD HAS ENTERED THE LEASED PREMISES IN 20 | |
| 128 | - | VIOLATION OF THIS SE CTION; OR 21 | |
| 130 | + | (F) IF A TENANT ALLEGES A HOUSING CO DE VIOLATION, THE TENANT SHALL 25 | |
| 131 | + | PROVIDE THE LANDLORD ACCESS TO T HE LEASED PREMISES W ITHIN 48 HOURS 26 | |
| 132 | + | AFTER NOTIFYING THE LANDLORD OF THE ALLE GED VIOLATION . 27 | |
| 129 | 133 | ||
| 130 | - | (II) A LANDLORD HAS MADE RE PEATED DEMANDS FOR E NTRY 22 | |
| 131 | - | THAT ARE NOT IN COMP LIANCE WITH THE REQU IREMENTS OF THIS SEC TION. 23 | |
| 132 | - | ||
| 133 | - | (2) IN RESPONSE TO AN ACT ION BROUGHT UNDER TH IS SECTION, THE 24 | |
| 134 | - | COURT MAY ISSUE AN I NJUNCTION TO THE LAN DLORD, ASSESS APPROPRIATE 25 | |
| 135 | - | DAMAGES AGAINST THE LANDLORD FOR BREACH OF THE TENANT’S COVENANT TO 26 | |
| 136 | - | QUIET ENJOYMENT OF T HE LEASED PREMISES , OR BOTH. 27 | |
| 137 | - | ||
| 138 | - | (E) A LANDLORD IS LIABLE FOR ANY VI OLATION OF THIS SECT ION 28 | |
| 139 | - | COMMITTED BY THE LAN DLORD OR AN AGENT AC TING AT THE DIRECTIO N OF THE 29 | |
| 140 | - | LANDLORD. 30 4 HOUSE BILL 1076 | |
| 141 | - | ||
| 142 | - | ||
| 143 | - | ||
| 144 | - | (F) IF A TENANT ALLEGES A HOUSING CODE VIOLATI ON, THE TENANT SHALL 1 | |
| 145 | - | PROVIDE THE LANDLORD ACCESS TO THE LEASED PREMISES WITHIN 48 24 HOURS 2 | |
| 146 | - | AFTER NOTIFYING THE LANDLORD OF THE ALLE GED VIOLATION . 3 | |
| 147 | - | ||
| 148 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 | |
| 149 | - | October 1, 2025. 5 | |
| 150 | - | ||
| 151 | - | ||
| 152 | - | ||
| 153 | - | ||
| 154 | - | Approved: | |
| 155 | - | ________________________________________________________________________________ | |
| 156 | - | Governor. | |
| 157 | - | ________________________________________________________________________________ | |
| 158 | - | Speaker of the House of Delegates. | |
| 159 | - | ________________________________________________________________________________ | |
| 160 | - | President of the Senate. | |
| 134 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 | |
| 135 | + | October 1, 2025. 29 |