Rent Increases

Baltimore City Code art. 13, div. II, subtit. 8

in effect

Baltimore City Code, Article 13, § 8-1 Definitions.

§ 8-1. Definitions. (a) In general. For the purposes of this subtitle, the following words have the meanings indicated. (b) Dwelling unit. The term “dwelling unit”: (1) means a room or group of rooms forming a single habitable unit occupied by 1 or more persons, with facilities which are used or intended to be used by the occupants of such units for living, sleeping, eating, and cooking; and (2) includes any common area needed for the use and enjoyment of the unit. (c) Landlord. The term “landlord” means an owner, lessor, sublessor, assignee, or agent of any thereof or other person receiving or entitled to receive rents or benefits for the use or occupancy of any dwelling or rooming unit, including any person who has an option to buy or who has entered into a contract to buy any dwelling or rooming unit with the intent to offer such dwelling or rooming unit for rent. (c) Rental fee. The term “rental fee” means the entire amount of money, money’s worth, benefit, bonus, or gratuity demanded, received, or charged by a landlord as a condition of occupancy or use of a dwelling or rooming unit, its related services, and its related facilities. (d) Serious defect. The term “serious defect” means a condition which constitutes 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, of light, electricity, or of 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; or (2) lack of adequate sewage disposal facilities; or (3) infestation of rodents in a dwelling unit (except if the property is a 1-family dwelling); or (4) the existence of paint containing lead pigment on surfaces within the dwelling unit; or (5) the existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or (6) the existence of any condition which presents a health or fire hazard to the dwelling unit. (e) Tenant. The term “tenant” includes a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy, or the benefits thereof, of any dwelling unit. (Ord. 23-275 Section 1; Ord. 81-280.)

Baltimore City Code, Article 13, § 8-2 Rent increase barred — on violation notice not generated by tenant.

§ 8-2. Rent increase barred — on violation notice not generated by tenant. (a) In general. When, as a result of any inspection not generated by a tenant complaint, a landlord receives a violation notice citing a serious defect, then the landlord cannot increase the rental fee for those premises until the defects are corrected and the notice abated. (b) 30 days for repair of serious defects. If the serious defects cited in the notice are repaired and the notice abated within 30 days from the date of the expiration of the notice, then the increase in the rental fee shall be deemed to begin, and be fully and finally effective for the balance of the term of the lease, from and after the date of the abatement or at the time of the lease renewal, whichever time comes later. (c) 60 days for repair of less than serious defects. If the defects are less than serious, then they must be repaired within 60 days from the date of the expiration of the notice. If less than serious defects are not repaired within the 60-day period, then the rental fee shall revert to the fee charged at the time of the violation notice. (d) Failure to repair timely. If the defects are not repaired within the 30-day period for serious defects or the 60-day period for less than serious defects, then the landlord shall be prohibited from increasing the rental fee until 6 months after the date of abatement. (e) Extension for certain repairs. When the landlord receives notice of exterior violations between October 1 and April 1 for repairs which require an air temperature of 50° F or above, for these defects only the above 60-day period shall be deemed to expire on June 1. (Ord. 23-275 Section 1; Ord. 81-280.)

Baltimore City Code, Article 13, § 8-3 Rent increase barred — on violation notice generated by tenant.

§ 8-3. Rent increase barred — on violation notice generated by tenant. (a) In general. When a tenant complaint results in a landlord receiving a violation notice, in order for the limitations and restrictions in § 8-2 above to apply to a landlord, either: (1) the written violation notice must be issued more than 60 days before the increase is to take effect; or (2) the tenant must have filed a written complaint with the Commissioner, with a copy thereof to the landlord, prior to receiving a rent increase notice. (b) When notice presumed received. For the purpose of the tenant’s rights under this section, any notice of a rent increase is presumed to be received by the tenant no earlier than 60 days prior to the expiration of the lease, unless a lease provides for a longer notice requirement not to exceed 90 days. (Ord. 23-275 Section 1; Ord. 81-280.)

Baltimore City Code, Article 13, § 8-4 Rent increases barred – during states of emergency.

§ 8-4. Rent increases barred – during states of emergency. (a) “Emergency” defined. In this section, “emergency” means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under State Public Safety Article, § 14-3A-02. (b) Scope. This section only applies to rental fee increases on existing tenants during an emergency. Nothing in this section may be construed as applying to leases for new tenants. Further, nothing in this section with respect to an increase in the tenant’s portion of a rental fee applies to any public housing authority who must comply with federal laws, regulations, or other federal requirements to determine a tenant’s rental fee. (c) In general. A landlord may not increase a tenant’s rental fee if: (1) the increase would take effect during an emergency; or (2) notice of the increase is not in compliance with subsection (d) of this section. (d) Notice of rent adjustment. (1) In general. During an emergency and within 90 days after the expiration of an emergency, a landlord may not notify a tenant of a rental fee increase. (2) Pre-emergency rent increase notices. A landlord must inform a tenant in writing to disregard any notice of a rental fee increase if: (i) the landlord provided the notice to the tenant prior to an emergency; and (ii) the effective date of the increase would occur on or after the date the emergency began. (e) Late fees prohibited. (1) “Late fee” defined. (i) In this subsection, “late fee” means any additional charge or fee imposed because a rental fee is not made when the rental fee is due under the terms of a lease. (ii) “Late fee” includes a fee imposed: (A) as a flat rate; (B) as a percentage of the rental fee due; or (C) in any other terms. (2) In general. A landlord may not charge, assess, or otherwise seek to collect a late fee from a tenant for the nonpayment or the late payment of a rental fee that comes due during an emergency. (f) City to post notice. The Department of Housing and Community Development must post on its website information regarding the requirements of this section, including the date that an emergency expires and the date that is 90 days after the expiration of the emergency. (Ord. 23-275 Section 1; Ord. 20-364.)

Baltimore City Code, Article 13, § 8-5 Landlord’s right of review.

§ 8-5. Landlord’s right of review. The provisions of this subtitle do not limit a landlord’s right, under the applicable provisions of the City Building, Fire, and Related Codes Article, to an administrative review of a violation notice. (Ord. 23-275 Section 1; Ord. 20-364; Ord. 15-427; Ord. 02-475; Ord. 81-280.)

Baltimore City Code, Article 13, § 8-6 Enforcement by tenant.

§ 8-6. Enforcement by tenant. A tenant may seek relief from an appropriate court to restrain or enjoin any violation of § 8-2 and § 8-3 of this subtitle in accordance with State law. (Ord. 23-275 Section 1; Ord. 20-364; Ord. 81-280.)

Baltimore City Code, Article 13, § 8-7 Enforcement by citation.

§ 8-7. Enforcement by citation. (a) In general. This subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) Process not exclusive. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a separate offense. Each day a violation continues is a separate offense. (Ord. 23-275 Section 1.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/13/II/8Fetched: 10/25/2026