The Responsibilities of a Rental Property Owner

Owning a commercial or residential rental property in Maryland comes with responsibilities. The most basic responsibility is proper upkeep and maintenance, to ensure the tenants can use the property as intended. Additional responsibilities are defined by federal, state, and local laws. Following is a general overview of landlord responsibilities. Landlords may wish to consult an attorney to make sure they’re up to date on specific laws in their city or county.

General Responsibilities of Every Maryland Rental Property Owner

If you’re a rental property owner in Maryland, it can be challenging to keep track of your many legal obligations. The safest way to ensure you are legally protected is to have a Maryland landlord lawyer review your affairs. However, it can help to get a general overview of the most important obligations every Maryland rental property owner should know.

Some of the general landlord responsibilities to be aware of in Maryland are the duty to . . .

  • Maintain clean, safe, and sanitary building and grounds
  • Keep property free of rodents and vermin
  • Make repairs as necessary
  • Maintain electrical, plumbing, and major appliances in working order
  • Supply hot and cold water
  • Supply trash receptacles
  • Supply working smoke detectors
  • Supply adequate heating and air conditioning
  • Provide 24-hour notice for non-emergency repairs
  • Provide 72-hour notice before DHCA inspection.

Some of these requirements, like providing working hot and cold water, are self-explanatory. Others, such as what constitutes safe and sanitary property, must be explored in greater depth for a clear understanding.

Are you a Maryland rental property owner trying to understand your legal obligations? Contact Lusk Law, LLC at (443) 535-9715 to speak with an experienced Maryland landlord attorney.

Lease-Specific Rental Property Owner Obligations in Maryland

In addition to general obligations, Maryland rental property owners must also follow a lengthy list of lease-specific obligations. Some of the most important lease-specific responsibilities to know are to . . .

  • Know and follow all relevant federal, state, and local laws
  • Provide tenants with an emergency contact who can always be reached
  • In multi-family buildings, post a DCHA-issued sign on filing complaints
  • Respect all landlord obligations listed in the lease.

In addition to these general lease obligations, landlords should specifically be aware of all legal obligations under:

  • Housing code standards
  • Non-discrimination laws
  • State and local laws about lease agreements and security deposits
  • Zoning laws
  • Health and fire safety codes.

As with general obligations, these can be complex, and it isn’t always easy to know when you’re in compliance. It’s generally safest to consult a Maryland landlord lawyer about your legal obligations.

Rental Property Owner Disclosures Required by Law in Maryland

Buildings constructed before 1978 may contain lead-based paint, which is known to cause serious health problems, especially for children. Federal law requires owners of buildings built before 1978 to give prospective tenants a lead-based-paint disclosure before they sign a lease.

Maryland landlords must disclose lead-based paint and any defects or damage to prospective tenants. 

Maryland’s Reduction of Lead Risk in Housing law also requires property owners to register applicable properties with the state and to have their property inspected for lead prior to every change in occupancy, unless the property has been certified limited-lead-free or lead-free, in which case different inspection and registration rules apply. Maryland law requires landlords to disclose any defects or damages existing prior to the tenant’s occupancy. Tenants have a right to a walk-through with landlords prior to signing the lease, at which time both parties should make note of existing defects.

Federal Disability Laws Rental Property Owners Should Know

The Federal Fair Housing Act requires landlords to make “reasonable accommodations” for tenants with disabilities if they request them. “Reasonable” means the landlord’s business would not suffer as a result of making the accommodation. Some requests tenants may have include:

  • A visual smoke alarm (for tenants with hearing loss)
  • Permission to have a service animal on the property
  • A wheelchair ramp
  • Special door handles that are easier to reach/manipulate.

There are standards for determining reasonable accommodations and some exceptions of when required, so it is advisable to speak with an attorney regarding Federal Fair Housing requirements.

Rental Property Warranty of Fitness

A lease is presumed to guarantee to the tenant that the property is fit for human habitation. That means it’s free of rodent infestation and has proper sanitation and utility capabilities. If tenants take occupancy and find the property is unfit for habitation, they must notify the landlord. They are then entitled to bring a breach of contract action against the landlord or to make an action to rescind the lease and recover all funds paid to the landlord (for any period during which the property was not habitable).

Understanding Duty to Abate Nuisances

Most leases describe the penalties for misuse of a rental property and establish the grounds for eviction. Criminal use of the property, for example, is typically grounds for immediate eviction. But, occasionally, tenants violate the terms of their lease for some time before landlords take any action. If a tenant complains multiple times to a landlord that the neighbors are creating a nuisance – such as loud noise all night long – and the landlord takes no action, a landlord may be in violation of the covenant of quiet enjoyment. The covenant of quiet enjoyment is an implied guarantee that the property’s conditions/other tenants will not interfere with one’s ability to occupy the property undisturbed. When landlords fail to abate a reported nuisance, tenants may be able to vacate the property without penalty.

Consult a Maryland Landlord Attorney Today

Advocates for Life’s Obstacles and Opportunities

Lusk Law, LLC, focuses on helping landlords understand their legal responsibilities and how to avoid litigation when possible. We understand the unique challenges Maryland landlords face, and we offer advice and solutions that help you avoid legal issues and tenant disputes. We invite you to read our client testimonials, learn about our legal team, and call our firm for assistance today.

Contact Lusk Law, LLC at (443) 535-9715 to schedule a consultation with an experienced landlord lawyer in Frederick, Maryland.

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