EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0651*
SENATE BILL 651
N1 5lr1579
HB 477/24 – ENT CF HB 709
By: Senators Muse and Lam
Introduced and read first time: January 25, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Residential Leases and Holdover Tenancies – Local 2
Good Cause Termination 3
(Good Cause Eviction) 4
FOR the purpose of authorizing a county to adopt, by local law or ordinance, provisions 5
prohibiting certain landlords of residential property from failing to renew a lease 6
during the lease period or from terminating a holdover tenancy without good cause; 7
establishing certain requirements and prohibitions for a local law or ordinance 8
adopted in accordance with this Act; requiring, in a county that has adopted a local 9
law or ordinance in accordance with this Act, that a landlord provide certain 10
information with a lease related to whether the landlord is subject to the local law 11
or ordinance; requiring the Office of Tenant and Landlord Affairs in the Department 12
of Housing and Community Development to develop certain forms for a landlord to 13
provide to a tenant; requiring, in a county that has adopted a local law or ordinance 14
in accordance with this Act, that a landlord provide certain information to a tenant 15
and in a certain court pleading relating to whether the landlord is required to 16
demonstrate good cause when seeking relief in accordance with a certain provision 17
of law; and generally relating to residential leases and holdover tenancies. 18
BY repealing and reenacting, with amendments, 19
Article – Real Property 20
Section 8–208(c) and 8–402(c)(2) 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2024 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Real Property 25
Section 8–402(c)(1) and (d) 26
Annotated Code of Maryland 27
(2023 Replacement Volume and 2024 Supplement) 28
2 SENATE BILL 651
BY adding to 1
Article – Real Property 2
Section 8–402(e) and 8–402.3 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Real Property 8
8–208. 9
(c) (1) IN THIS SUBSECTION , “OFFICE” MEANS THE OFFICE OF TENANT 10
AND LANDLORD AFFAIRS IN THE DEPARTMENT OF HOUSING AND COMMUNITY 11
DEVELOPMENT . 12
(2) A lease shall include: 13
[(1)] (I) A statement that the premises will be made available in a 14
condition permitting habitation, with reasonable safety, if that is the agreement, or if that 15
is not the agreement, a statement of the agreement concerning the condition of the 16
premises; 17
[(2)] (II) The landlord’s and the tenant’s specific obligations as to heat, 18
gas, electricity, water, and repair of the premises; 19
[(3)] (III) A receipt for the security deposit as specified in § 8–203.1 of this 20
subtitle; and 21
[(4)] (IV) A copy of the most current version of the Maryland Tenants’ Bill 22
of Rights published by the Office [of Tenant and Landlord Affairs in the Department of 23
Housing and Community Development]. 24
(3) (I) THIS PARAGRAPH APPLIE S ONLY IN A COUNTY T HAT HAS 25
ADOPTED A LOCAL LAW OR ORDINANCE IN ACCO RDANCE WITH § 8–402.3 OF THIS 26
TITLE. 27
(II) A LEASE OR LEASE RENEW AL SHALL INCLUDE NOT ICE 28
STATING WHETHER THE LANDLORD IS SU BJECT TO THE LOCAL G OOD CAUSE 29
STATUTE OR ORDINANCE OF THE COUNTY IN WHI CH A RESIDENTIAL REN TAL UNIT IS 30
LOCATED. 31
(III) A LANDLORD STATING IN A NOTICE UNDER SUBPA RAGRAPH 32
(II) OF THIS PARAGRAPH TH AT THE LOCAL GOOD CA USE PROVISIONS OF TH E 33 SENATE BILL 651 3
COUNTY DO NOT APP LY TO THE LANDLORD S HALL PROVIDE THE TEN ANT WITH THE 1
FOLLOWING INFORMATIO N ON A FORM PRESCRIB ED BY THE OFFICE: 2
1. THE FULL LEGAL NAME O F EACH INDIVIDUAL AN D 3
THE BUSINESS NAME OF EACH ENTITY WITH DIR ECT OR INDIRECT OWNE RSHIP OR 4
MEMBERSHIP INTEREST IN THE RESIDENTIAL RENTA L UNIT; 5
2. THE NUMBER OF RESIDEN TIAL RENTAL UNITS IN THE 6
STATE OWNED BY EACH I NDIVIDUAL OR ENTITY IDENTIFIED UNDER ITE M 1 OF THIS 7
SUBPARAGRAPH , INCLUDING THE ADDRES S OF EACH RESIDENTIA L RENTAL UNIT 8
IDENTIFIED; AND 9
3. ANY OTHER INFORMATION REQUIRED BY THE 10
OFFICE. 11
(IV) AN INDIVIDUAL OR ENTI TY HAS AN INTEREST I N A 12
RESIDENTIAL RENTAL U NIT UNDER SUBPARAGRA PH (III) OF THIS PARAGRAPH IF 13
THE INDIVIDUAL OR EN TITY HAS A DIRECT OR INDIRECT OWNERSHIP O R 14
MEMBERSHIP INTEREST IN ANY ENTIT Y THAT HAS A DIRECT OR INDIRECT 15
OWNERSHIP OR MEMBERS HIP INTEREST IN THE RENTAL UNIT. 16
(V) IF A LANDLORD BECOMES SUBJECT TO A LOCAL G OOD 17
CAUSE LAW OR ORDINAN CE, THE LANDLORD SHALL P ROVIDE TIMELY WRITTE N 18
NOTICE TO ALL TENANT S OF THE LANDLORD IN THE COUNTY IN WHICH THE GOOD 19
CAUSE REQUIREMENTS A PPLY, INCLUDING ANY TENANT HOLDING OVER UNDER § 20
8–402 OF THIS TITLE. 21
(VI) 1. THE OFFICE SHALL DEVELOP AND MAKE PUBLICLY 22
AVAILABLE A DISCLOSU RE FORM FOR USE BY A LANDLORD UNDER SUBPA RAGRAPH 23
(III) OF THIS PARAGRAPH . 24
2. THE OFFICE MAY ADOPT REGU LATIONS TO CARRY 25
OUT THIS PARAGRAPH . 26
8–402. 27
(c) (1) This subsection applies to all cases of tenancies at the expiration of a 28
stated term, tenancies from year to year, tenancies from month to month, and tenancies 29
from week to week. 30
(2) Except as provided in paragraphs (3) and (4) of this subsection, AND 31
SUBJECT TO ANY LOCAL REQUIREMENT ADOPTED IN ACCORDANCE WITH § 8–402.3 32
OF THIS SUBTITLE , a landlord shall provide written notice of the intent to terminate a 33
tenancy: 34 4 SENATE BILL 651
(i) If the parties have a written lease for a stated term in excess of 1
1 week or a tenancy from month to month, 60 days before the expiration of the tenancy; 2
(ii) In the case of tenancies from year to year, including tobacco farm 3
tenancies from year to year but excluding all other farm tenancies from year to year, 90 4
days before the expiration of the current year of the tenancy; 5
(iii) In the case of tenancies from year to year for all other farm 6
tenancies, 180 days before the expiration of the current year of the tenancy; and 7
(iv) In the case of tenancies from week to week: 8
1. If the parties have a written lease, 7 days before the 9
expiration of the tenancy; or 10
2. If the parties do not have a written lease, 21 days before 11
the expiration of the tenancy. 12
(d) Unless stated otherwise in the written lease and initialed by the tenant, when 13
a landlord consents to a holdover tenant remaining on the premises, the holdover tenant 14
becomes a periodic week–to–week tenant if the tenant was a week–to–week tenant before 15
the tenant’s holding over, and a periodic month–to–month tenant in all other cases. 16
(E) (1) IN THIS SUBSECTION , “OFFICE” MEANS THE OFFICE OF TENANT 17
AND LANDLORD AFFAIRS IN THE DEPARTMENT OF HOUSING AND COMMUNITY 18
DEVELOPMENT . 19
(2) THIS SUBSECTION APPLI ES ONLY IN A COUNTY THAT HAS 20
ADOPTED A LOCAL LAW OR ORDINANCE IN ACCO RDANCE WITH § 8–402.3 OF THIS 21
SUBTITLE. 22
(3) (I) PRIOR TO, OR CONTEMPORANEOUSLY WITH, NOTICE 23
REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION, A LANDLORD SHALL USE THE 24
FORM DEVELOPED BY TH E OFFICE TO PROVIDE WRITTEN NOTI CE BY FIRST–CLASS 25
MAIL WITH A CERTIFIC ATE OF MAILING TO A TENANT STATING : 26
1. THE GOOD CAUSE FOR TH E NONRENEWAL OF THE 27
LEASE OR THE TERMINA TION OF THE HOLDOVER TENANCY; OR 28
2. THAT THE LANDLORD IS NOT SUBJECT TO THE LOCAL 29
GOOD CAUSE REQUIREME NTS ESTABLISHED IN A CCORDANCE WITH § 8–402.3 OF 30
THIS SUBTITLE. 31
SENATE BILL 651 5
(II) THE OFFICE SHALL DEVELOP AND MAKE PUBLICLY 1
AVAILABLE A FORM FOR THE NOTICE UNDER THI S PARAGRAPH . 2
(4) (I) A COMPLAINT FIL ED UNDER THIS SECTIO N SHALL STATE 3
ONE OF THE FOLLOWING : 4
1. THE GOOD CAUSE FOR TH E NONRENEWAL OF THE 5
LEASE OR THE TERMINA TION OF THE HOLDOVER TENANCY; OR 6
2. THAT THE LANDLORD IS NOT SUBJECT TO THE L OCAL 7
GOOD CAUSE REQUIREME NTS ADOPTED IN ACCOR DANCE WITH § 8–402.3 OF THIS 8
SUBTITLE. 9
(II) A LANDLORD SHALL PLEAD SPECIFIC FACTS IN TH E 10
COMPLAINT TO PROVE T HE STATEMENTS MADE U NDER SUBPARAGRAPH (I) OF THIS 11
PARAGRAPH BY A PREPO NDERANCE OF THE EVID ENCE. 12
(III) 1. IF A LANDLORD CLAIMS IN THE STATEMENT THAT THE 13
LANDLORD IS NOT SUBJ ECT TO THE LOCAL GOO D CAUSE REQUIREMENTS UNDER § 14
8–402.3(B) OF THIS SUBTITLE , THE LANDLORD SHALL I NCLUDE A CURRENT 15
DISCLOSURE FORM AS P ROVIDED IN § 8–208(C)(3)(III) OF THIS TITLE WITH T HE 16
COMPLAINT. 17
2. AN INDIVIDUAL THAT I S IDENTIFIED IN THE 18
DISCLOSURE FORM AS H AVING A DIRECT OR IN DIRECT OWNERSHIP INT EREST IN 19
THE RESIDENTIAL RENT AL UNIT OF THE LANDL ORD, OR THAT INDIVIDUAL ’S 20
DESIGNEE, SHALL SUBMIT AN AFFI DAVIT WITH THE COMPL AINT THAT CERTIFIES 21
THE DISCLOSURE FORM IS TRUE AND COMPLETE. 22
3. IF A CURRENT DISCLOSU RE FORM AND AFFIDAVI T 23
ARE NOT SUBMITTED WI TH THE COMPLAINT , THE LANDLORD SHALL B E SUBJECT TO 24
THE LOCAL GOOD CAUSE REQUIREMENTS OF THE COUNTY FOR THAT ACTI ON. 25
8–402.3. 26
(A) IN THIS SECTION , “HOLDOVER TENANCY” MEANS A TENANCY 27
ESTABLISHED UNDER § 8–402(D) OF THIS SUBTITLE. 28
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COUNTY 29
MAY ADOPT , BY LOCAL LAW OR ORDI NANCE, PROVISIONS THAT PROH IBIT A 30
LANDLORD FROM FAILIN G TO RENEW A LEASE D URING THE LEASE PERI OD OR 31
SEEKING TO TERMINATE A HOLDOVER TENANCY W ITHOUT GOOD CAUSE. 32
6 SENATE BILL 651
(2) EACH OF THE FOLLOWING GROUNDS SHALL CONSTI TUTE GOOD 1
CAUSE IN A LOCAL LAW OR ORDINANCE ADOPTED UNDER THIS SECTION : 2
(I) A TENANT COMMITTING A SUBSTANTIAL BREACH O F THE 3
LEASE OR CAUSING SUBSTANTIAL DAMAGE T O THE LEASED PREMISE S OR ANOTHER 4
AREA OF THE PROPERTY AND, AFTER RECEIVING NOTI CE TO CURE OR CORREC T THE 5
BREACH OR PAY THE RE ASONABLE COST OF REP AIRING THE DAMAGE , THE TENANT 6
FAILS TO COMPLY WITH IN 14 DAYS; 7
(II) A TENANT ENGAGING IN ROUTINE DISORDERLY C ONDUCT 8
THAT DISTURBS THE PE ACE AND QUIET OF OTH ER TENANTS; 9
(III) A TENANT ENGAGING IN I LLEGAL ACTIVITY ON T HE LEASED 10
PREMISES, ANOTHER AREA OF THE PROPERTY, OR A PUBLIC RIGHT –OF–WAY 11
ABUTTING THE LEASED PREMISES; 12
(IV) A TENANT, WITHOUT REASONABLE C AUSE, REFUSING TO 13
GRANT THE LANDLORD A CCESS TO THE LEASED PREMISES FOR THE PUR POSE OF 14
MAKING REPAIRS OR IM PROVEMENTS OR INSPEC TING THE LEASED PREM ISES, OR 15
AS OTHERWISE AUTHORI ZED UNDER THE RESIDE NTIAL LEASE OR APPLI CABLE LAW; 16
(V) A HOLDOVER TENANT FAIL ING TO ACCEPT A LAND LORD’S 17
OFFER OF A NEW LEASE AGREEMENT FOR A TERM OF AT LEAST 1 MONTH BUT NOT 18
LONGER THAN THE TERM OF THE LEASE AGREEME NT EFFECTIVE IMMEDIA TELY 19
BEFORE THE HOLDOVER TENANCY WITHIN 1 MONTH AFTER THE LAND LORD MAKES 20
THE OFFER OR A GREATER P ERIOD OF TIME AS OTH ERWISE ESTABLISHED B Y LAW; 21
(VI) A TENANT REPEATEDLY CO MMITTING MINOR VIOLA TIONS 22
OF THE LEASE THAT : 23
1. DISRUPT THE LIVABILIT Y OF THE LEASED PREM ISES; 24
2. INTERFERE WITH THE MA NAGEMENT OF THE 25
PROPERTY; OR 26
3. HAVE AN ADVERSE FINAN CIAL IMPACT ON THE 27
PROPERTY; 28
(VII) A TENANT HABITUALLY FA ILING TO PAY RENT WH EN DUE, 29
IF THE TENANT HAS BE EN NOTIFIED BY THE L ANDLORD IN WRITING T HAT THE RENT 30
IS MORE THAN 10 DAYS LATE AT LEAST F OUR TIMES IN A 12–MONTH PERIO D; 31
SENATE BILL 651 7
(VIII) A LANDLORD, IN GOOD FAITH , SEEKING TO RECOVER 1
POSSESSION OF THE LE ASED PREMISES FOR US E BY THE LANDLORD OR THE 2
LANDLORD’S: 3
1. SPOUSE; 4
2. CHILD OR STEPCHILD ; 5
3. PARENT OR STEPPARENT ; 6
4. GRANDPARENT ; 7
5. SIBLING; 8
6. MOTHER–IN–LAW OR FATHER –IN–LAW; 9
7. DAUGHTER–IN–LAW OR SON–IN–LAW; 10
8. GRANDCHILD; OR 11
9. AUNT OR UNCLE ; 12
(IX) A LANDLORD, AFTER HAVING OBTAINE D ALL NECESSARY 13
PERMITS, SEEKING TO UNDERTAKE SUBSTANTIAL REPAIRS OR RENOVATIONS THAT 14
CANNOT BE COMPLETED WHILE THE LEASED PREMISES ARE OCCUPIED; AND 15
(X) A LANDLORD, IN GOOD FAITH , SEEKING TO REMOVE TH E 16
LEASED PREMISES FOR AT LEAST 1 YEAR FROM THE RENTAL MARKET. 17
(3) A COUNTY MAY NOT ADOPT ADDITIONAL OR ALTERN ATIVE 18
GROUNDS FOR GOOD CAU SE BY LOCAL LAW OR ORDINANCE . 19
(C) A LOCAL LAW OR ORDINAN CE ADOPTED BY A COUN TY UNDER THIS 20
SECTION: 21
(1) SHALL: 22
(I) APPLY ONLY TO A LANDL ORD THAT OWNS SIX OR MORE 23
RESIDENTIAL RENTAL U NITS IN THE STATE, INCLUDING ANY RESIDE NTIAL RENTAL 24
UNITS THAT THE LANDL ORD OWNS OR CONTROLS : 25
1. IN WHOLE OR IN PART ; 26
2. DIRECTLY OR INDIRECTL Y; OR 27 8 SENATE BILL 651
3. THROUGH ONE OR MORE L EGAL ENTITIES; 1
(II) REQUIRE THAT A LANDLO RD ENFORCE SUBSTANTI AL 2
BREACHES OF A LEASE CONSISTENTLY AMONG A LL TENANTS; AND 3
(III) PROHIBIT A LANDLORD FROM ASSE RTING GOOD CAUSE 4
BASED ON A SUBSTANTI AL BREACH OF A LEASE UNLESS THE LANDLORD ENFORCES 5
SUBSTANTIAL BREACHES OF A LEASE CONSISTEN TLY AMONG ALL TENANT S; AND 6
(2) MAY NOT: 7
(I) APPLY TO AN OWNER –OCCUPIED RESIDENTIAL RENTAL 8
UNIT; 9
(II) REQUIRE A LANDLORD TO DEMONSTRATE GOOD CAUSE IF A 10
TENANT PROVIDES NOTI CE TO THE LANDLORD T HAT EXPRESSES THE TE NANT’S 11
INTENT NOT TO RENEW THE LEASE OR CONTINU E WITH THE HOLDOVER TENANCY; 12
OR 13
(III) CONFLICT WITH THE NOT ICE REQUIREMENTS OF § 8–402(C) 14
OF THIS SUBTITLE. 15
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 16
FOR PURPOSES OF ESTA BLISHING THE NUMBER OF UNITS OWNED BY A LANDLORD 17
TO DETERMINE THE APP LICABILITY OF A LOCA L LAW OR ORDINANCE A DOPTED IN 18
ACCORDANCE WITH THIS SECTION, ANY RESIDENTIAL RENTAL U NIT IN THE STATE 19
OWNED BY AN INDIVIDU AL OR ENTITY THAT HA S DIRECT OR INDIRECT OWNERSHIP 20
OR MEMBERSHIP INTERE ST IN THE LANDLORD S HALL BE CONSIDERED A UNIT 21
OWNED BY THE LANDLOR D. 22
(2) AN INDIVIDUAL OR ENTI TY DOES NOT HAVE OWN ERSHIP OR 23
MEMBERSHIP INTEREST IN A LANDLORD IF THE INDIVIDUAL’S OR ENTITY ’S 24
INTEREST IN THE LAND LORD IS IN THE NATUR E OF A NONCONTROLLIN G INTEREST 25
IN A PUBLICLY TRADED CORPORATION , TRUST, MUTUAL FUND , OR SIMILAR 26
INVESTMENT VEHICLE . 27
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , NOTHING IN 28
THIS SECTION MAY BE INTERPRETED TO ALTER THE RIGHTS OF A LAND LORD THAT 29
SEEKS RELIEF UNDER T HIS SUBTITLE. 30
(2) A LANDLORD IN A COUNTY THAT HAS ADOPTED A L OCAL LAW OR 31
ORDINANCE UNDER THIS SUBSECTION MAY SEEK RELIEF UNDER § 8–402 OF THIS 32
SUBTITLE ONLY AFTER DECLINING TO ENTER I NTO A NEW LEASE OR T O CONTINUE A 33 SENATE BILL 651 9
HOLDOVER TENANCY IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL LAW 1
OR ORDINANCE . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4