Maryland legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Maryland Implied Warranty of Habitability
In Maryland, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Maryland
Note: Check local city/county laws and ordinances for additional requirements. Baltimore, in particular, has detailed habitability laws.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Usually |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Maryland
Maryland landlords must provide heating during winter for rental properties. They don’t have to provide air conditioning, but must fix air conditioning if the lack of repair creates a “serious and substantial” threat to tenants.
Are Landlords Required to Provide Air Filter Replacements in Maryland?
Maryland landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Maryland
Maryland landlords must keep plumbing in reasonable working condition.
Are Landlords Required To Provide Hot Water in Maryland?
Maryland landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Maryland?
Maryland landlords must fix clogs that interfere with the availability of sewage disposal or running water on rental property.
Are Landlords in Maryland Responsible for Fixing Leaks?
Maryland landlords have to fix leaks that interfere with the plumbing’s provision of running water and sewage disposal to rental property.
Landlord Responsibilities for Kitchen Appliances in Maryland
Maryland landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Maryland
Maryland landlords are responsible only for making sure there are no electrical issues that endanger basic safety or habitability, or which prevent the adequate lighting of the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Maryland?
Maryland landlords are not responsible for replacing light bulbs or particular light fixtures, although they are responsible for making sure the rental property can be adequately lit in general.
Landlord Responsibilities for Garbage Removal in Maryland
Maryland landlords have no responsibilities for garbage removal in the law.
Landlord Responsibilities for Landscaping in Maryland
Maryland landlords don’t have any specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Maryland
Maryland landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Maryland
Maryland landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. However, the law only requires the landlord to act once more than a single unit is affected.
Landlord Responsibilities for Windows & Window Coverings in Maryland
Maryland landlords are not responsible for providing or maintaining any particular type of windows or window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Maryland
Maryland landlords are responsible for ensuring smoke alarms and required carbon monoxide (CO) detectors are installed at the beginning of a tenancy.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Maryland?
Maryland landlords are responsible for addressing anything that might contribute to a fire hazard, which includes battery replacement in the course of properly maintaining fire safety devices.
Landlord Responsibilities for Washers and Dryers in Maryland
Maryland landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Maryland
Maryland renters have the right to repairs for issues affecting health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue, usually via certified mail, and waiting a “reasonable” time (up to 30 days) for repairs.
If the issue isn’t fixed, the renter can move out and cancel the rental agreement, or withhold rent (and later possibly get an injunction to force repairs), particularly by filing an action through the rent escrow process. Renters are not allowed to repair and deduct.
Sources
- 1 Md. Real Prop. Code § 8-211(e) (2022)
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“This section provides a remedy and imposes an obligation upon landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of occupants, including, but not limited to: (1) Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant’s failure to pay the charges; (2) Lack of adequate sewage disposal facilities; (3) Infestation of rodents in two or more dwelling units; (4) The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or (5) The existence of any condition which presents a health or fire hazard to the dwelling unit.”
Source Link - 2 Md. Real Prop. Code § 8-211(f) (2022)
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“This section does not provide a remedy for the landlord’s failure to repair and eliminate minor defects or, in those locations governed by such codes, housing code violations of a nondangerous nature. There is a rebuttable presumption that the following conditions, when they do not present a serious and substantial threat to the life, health and safety of the occupants, are not covered by this section: (1) Any defect which merely reduces the aesthetic value of the leased premises, such as the lack of fresh paint, rugs, carpets, paneling or other decorative amenities; (2) Small cracks in the walls, floors or ceilings; (3) The absence of linoleum or tile upon the floors, provided that they are otherwise safe and structurally sound; or (4) The absence of air conditioning.”
Source Link - 3 Baltimore Public Laws, Subtitle 9 (2022)
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See generally the Baltimore Public Laws, Subtitle 9 (2022).
Source Link - 4 Anne Arundel County Office of the Fire Marshal, Maryland’s Updated Smoke Alarm Law, January 2018 1 (2018)
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Maryland’s smoke detector law has been brought up to date with NFPA standards as of 2018. “An AC powered, battery back-up smoke alarm is required in every bedroom, in the common area outside of the bedrooms, and on every other level of the dwelling unit.”
Source Link - 5 Md. Code Pub. Sfy. § 12-1102 (2022)
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“This subtitle [on CO detectors] only applies to: (1) a dwelling that: (i) relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation; and (ii) is a newly constructed dwelling for which a building permit is issued on or after January 1, 2008; or (2) a hotel, a lodging or rooming house, or a rental dwelling unit.”
Source Link - 6 Md. Real Prop. Code § 8-211(g) & (h) (2022)
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“(g) In order to employ the remedies provided by this section, the tenant shall notify the landlord of the existence of the defects or conditions. Notice shall be given by (1) a written communication sent by certified mail listing the asserted conditions or defects, or (2) actual notice of the defects or conditions, or (3) a written violation, condemnation or other notice from an appropriate State, county, municipal or local government agency stating the asserted conditions or defects.
“(h) The landlord has a reasonable time after receipt of notice in which to make the repairs or correct the conditions. The length of time deemed to be reasonable is a question of fact for the court, taking into account the severity of the defects or conditions and the danger which they present to the occupants. There is a rebuttable presumption that a period in excess of 30 days from receipt of notice is unreasonable.”
Source Link - 7 Md. Real Prop. Code § 8-211(i) (2022)
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“If the landlord refuses to make the repairs or correct the conditions, or if after a reasonable time the landlord has failed to do so, the tenant may bring an action of rent escrow to pay rent into court because of the asserted defects or conditions, or the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for distress for rent or to any complaint proceeding brought by the landlord to recover rent or the possession of the leased premises.”
Source Link - 8 Stevan v. Brown, 54 Md. App. 235, 240-41 (Md. Ct. Spec. App. 1983) (internal citations omitted)
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“A constructive eviction occurs when the acts of a landlord cause serious or substantial interference with the tenants’ enjoyment of the property which results in the tenant vacating the premises. These acts must be done by the landlord with the intent and effect of depriving the tenant of the latter’s use and enjoyment. But the requisite intent may be inferred from the nature and impact of the acts.
“Thus, failures to furnish heat, elevator service, and necessary electricity have been held adequate to support a claim of constructive eviction; as have the failure to furnish sanitary restroom facilities (along with other problems); and frequent flooding of the premises because of the landlord’s fault.
“Of course, every instance of nonperformance by a landlord does not necessarily support constructive eviction in fact or in law. Moreover, a tenant who claims constructive eviction may waive his rights if he waits an unreasonable length of time before vacating the premises. But a tenant generally may not claim constructive eviction until such time as he actually vacates the premises.”
Source Link
