Landlord and Tenant

Baltimore City Public Local Laws subtit. 9

in effect

Baltimore City Public Local Laws, Subtitle 9, § 9-1 Distress for rent precluded for tenancies of less than 3 months.

§ 9-1 Distress for rent precluded for tenancies of less than 3 months. In all cases of any demise or agreement for rental, express or implied, verbal or written, hereafter to be made of lands or tenements, whether real estate or chattels real, within the limits of the City of Baltimore, for less term than three calendar months, the remedy of distress for rent due be and the same is hereby taken away and altogether superseded.

Baltimore City Public Local Laws, Subtitle 9, § 9-2 Repossession of premises — authorized.

§ 9-2 Repossession of premises — authorized. Whenever the tenant under any demise or agreement of rental, express or implied, verbal or written, of lands or tenements, whether real estate or chattels real within the limits of the City of Baltimore, shall fail to pay the rent thereunder when due and payable, it shall be lawful for the lessor to have again and repossess the premises so rented. The filing of a complaint in summary ejectment under this subtitle, the trial of said cause and the granting of a judgment of restitution shall not preclude the plaintiff or the owner of said premises from filing and maintaining an independent suit for rent due and unpaid.

Baltimore City Public Local Laws, Subtitle 9, § 9-3 Repossession of premises — procedure.

§ 9-3 Repossession of premises — procedure. Whenever any lessor shall desire to have again and repossess any premises to which he is entitled under the provisions of the preceding section, he or his duly qualified agent or attorney, shall make his written complaint under oath or affirmation, in the District Court of Baltimore City, and describing therein in general terms the property sought to be had again and repossessed as aforesaid, and also setting forth the name of the tenant to whom the same is rented, or his assignee or under tenant or tenants, with the amount of rent thereon due and unpaid; and praying by warrant to have again and repossess the premises, together with judgment for the amount of rent due and costs; and it shall thereupon be the duty of said District Court of Baltimore City forthwith to issue summons directed to a constable of said court, ordering him to notify said tenant, assignee or undertenant forthwith to appear before the said District Court at trial to held on the fifth day after the filing of said complaint, except as hereinafter provided, to show cause why the prayer of said lessor should not be granted as aforesaid, and the said constable shall forthwith proceed to serve said summons on or before the third day after the filing of said complaint, upon said tenant, assignee or under tenant in said premises, or upon his or their known or authorized agent, or said constable shall affix an attested copy of said summons conspicuously upon said premises, and such affixing of said summons shall, for the purposes of this subheading of this article, be deemed and construed a sufficient service upon all persons whomsoever.

Baltimore City Public Local Laws, Subtitle 9, § 9-4 Suit for rent due — authorized.

§ 9-4 Suit for rent due — authorized. The filing of a complaint in summary ejectment under this subtitle, the trial of said cause and the granting of a judgment of restitution shall not preclude the plaintiff or the owner of said premises from filing and maintaining an independent suit for rent due and unpaid.

Baltimore City Public Local Laws, Subtitle 9, § 9-5 Suit for rent due — judgment.

§ 9-5 Suit for rent due — judgment. (a) In general. If, at the trial aforesaid, the judge shall be satisfied the interest of justice will be better served by an adjournment, he may adjourn the trial for a period not exceeding seven days, except by consent of the parties, and if at said trial or due adjournment, as aforesaid, it shall appear to the satisfaction of the judge before whom said complaint has been tried as aforesaid, that the rent or any part of the rent for said premises is actually due and unpaid, then the said judge shall give judgment in favor of said lessor for the amount of rent found due, with costs of suit, and shall order that said tenant and all persons claiming or holding by or under said tenant shall yield and render up possession of said premises unto said lessor, or unto his duly qualified agent or attorney within 4 days thereafter; provided, however, that upon presentation of certificate signed by a practicing physician certifying that surrender of said premises within said period of 4 days would endanger the health or life of any occupant thereof, said judge may, at the trial or subsequent thereto, extend the time for such surrender of the premises upon such terms and for such period or periods as he shall deem necessary and just. If the interval between the filing of the landlord’s complaint and the trial of the cause shall be more than three days, any order or judgment of said court with respect to the payment of rent shall include all rent due and unpaid up to and including the day of trial; and the proceedings amended to set forth the basis of said judgment or order. (b) Tenant’s right of redemption. (1) Redemption on payment before eviction. In any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving him restitution of the leased premises, the tenant has the right to redemption of the leased premises by tendering in cash, certified check or money order to the landlord or his agent all past due rent and late fees, plus all court awarded costs and fees, at any time before actual execution of the eviction order. (2) Not available to certain tenants. The right of redemption is not available to a tenant if the landlord alleges and shows that more than three judgments of restitution were issued against the tenant in the 12 months preceding the filing of the landlord’s complaint. (3) Tenant may raise other defenses. Nothing in this section shall preclude a tenant in any summary ejectment action from raising any defense available under the Public Local Laws of Baltimore City. If a tenant prevails on any of these defenses, the judgment, whether or not it includes a judgment of restitution against the tenant, shall not be considered a judgment of restitution for purposes of paragraph (2) of this subsection.

Baltimore City Public Local Laws, Subtitle 9, § 9-6 Suit for rent due — warrant of restitution.

§ 9-6 Suit for rent due — warrant of restitution. In case judgment shall be given in favor of said lessor in the manner aforesaid, and the tenant shall fail to comply with the requirements of the said order there shall issue, on the order of the lessor, a warrant directed to a constable of the District Court, directing said constable to cause said lessor to have again and repossess said premises by putting him in possession thereof, and for that purpose to remove from said premises, by force if necessary, all the furniture, implements, tools, goods, effects or other chattels of every description whatsoever belonging to said tenant, or to any person claiming or holding by or under said tenant. A Judge of the District Court shall have the power to pass such order or orders as may be necessary, in his discretion, to accomplish the revesting of possession in the landlord. If the lessor does not order a warrant of restitution within sixty (60) days from date of judgment or from the expiration date of any stay of execution that may have been entered by agreement, whichever shall be the later, the case shall be considered as dismissed.

Baltimore City Public Local Laws, Subtitle 9, § 9-7 Suit for rent due — appeal; bond.

§ 9-7 Suit for rent due — appeal; bond. Any party aggrieved may appeal from the judgment of the District Court to the Circuit Court for Baltimore City, at any time within 4 days from the rendition of such judgment; the tenant in order to stay any execution of the judgment, shall give a bond to the landlord with one or more securities, who are owners of sufficient leasehold or real estate in Baltimore City, or the tenant shall provide such security in the form of either a corporate or cash bond, with condition to prosecute the appeal with effect, and answer to the landlord, or the landlord’s personal representative, in all costs and damages mentioned in the judgment and such other damages as shall be incurred and sustained by reason of said appeal; the aforesaid bond shall not affect in any manner the right of the lessor to proceed against said tenant, assignee or under tenant for any and all rents that may become due and payable to the lessor after the rendition of said judgment.

Baltimore City Public Local Laws, Subtitle 9, § 9-8 Death of tenant.

§ 9-8 Death of tenant. (a) General right of spouse, etc. If a tenant under any demise for the tenant’s residential use, other than a tenant of housing assisted under a program administered by the Housing Authority of Baltimore City, shall die, the surviving spouse, or any member of his immediate family who has occupied the premises with the deceased tenant at the time of his death shall have the right, upon payment to the landlord of the agreed rent (including any rent that may be in arrears at the time of tenant’s death) to be substituted as tenant to the same extent as the original tenant. (b) Housing Authority – General right of spouse, etc. If a tenant of housing assisted under a program administered by the Housing Authority of Baltimore City shall die, the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death may be considered eligible to enter into a lease in accordance with federal regulations and the admissions and continued occupancy policy of the housing, if the occupant: (1) is listed as a household member on the deceased tenant’s current leasing, recertification, and related documents; and (2) qualifies for continued occupancy, based on the eligibility requirements set forth in the admissions and continued occupancy policy of the housing and federal regulations. (c) Housing Authority – Failure to satisfy requirements. If the surviving spouse or other member of the deceased tenant’s immediate family who is an occupant of the premises at the time of the tenant’s death does not satisfy the conditions in subsection (b)(1) and (2) of this section, the Housing Authority of Baltimore City may initiate legal proceedings to evict the occupant no earlier than 10 days following the date of the tenant’s death. (d) Summary ejectment – Personal representative. If a tenant shall die, the landlord shall have the right to summary ejectment for nonpayment of rent by making the personal representative of the deceased tenant the party defendant. (e) Summary ejectment – No personal representative. If a tenant shall die and no letter shall be issued on his estate to a personal representative, then the landlord after he shall have filed a statement under oath setting forth these facts shall have the right to proceed in summary ejectment for nonpayment of rent by naming the estate of the deceased tenant as the defendant. In such case the summons shall be served upon the occupant of the premises; and if the premises be unoccupied, then the summons shall be served upon one of the next of kin of the deceased tenant, if known. If there be no occupant at the premises or known next of kin available for service then the summons shall be affixed to the premises.

Baltimore City Public Local Laws, Subtitle 9, § 9-9 In general.

§ 9-9 In general. (a) Findings and purposes. (1) It is found and declared that there exist in the City of Baltimore structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance; and that such conditions constitute a menace to the health, safety, welfare and reasonable comfort of its citizens. (2) It is further declared that in order to assure that dwellings meet certain minimum requirements as established by this Act tenants must have the free, unencumbered right of complaint to their landlords, the courts and governmental agencies. (3) It is further declared that retaliation, without cause, by landlords through eviction, rental increases or other action, and tenants’ fear of such retaliation, may have restricted the exercise of these rights. (4) It is therefore declared that the interests of public policy require that meaningful sanctions be imposed upon those who would perpetrate or perpetuate such conditions and that such retaliatory actions on the part of landlords be proscribed. The sanctions are intended to protect the life, health and safety of tenants and are not to be used to have premises redecorated or to have minor code violations corrected. It is also not the intention that such sanctions be used by either landlords or tenants as a means of harassment. (b) Assertion of hazard or threat — authorized. Where property situated in the City of Baltimore is leased for the purpose of human habitation, the tenant of such property may assert that there exists upon the leased premises, or upon the property used in common of which the leased premises form a part, a condition or conditions which constitute, or if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants thereof, including but not limited to, a lack of heat or of hot or cold running water (except if the property is a one-family dwelling or a multiple dwelling where the tenant is responsible for payment of the water charge and where the lack of such water is the direct result of the tenant’s failure to pay the water charge) or of light or of electricity or of adequate sewage disposal facilities or an infestation of rodents (except if the property is a one-family dwelling) or of the existence of paint containing lead pigment on surfaces within the dwelling, provided that the landlord has notice of the painted surfaces, and if such condition would be in violation of the Baltimore City Housing Code. (c) Assertion of hazard or threat — how made. The assertion described in subsection (b), above, may be made: (1) on the initiative of the tenant by his filing in District Court in Baltimore City a declaration setting forth such assertion and praying for one or more forms of relief as enumerated in subsection (f) below, or (2) by the tenant as a defense in answer to an action of distress for rent or in any complaint proceeding brought by a landlord to recover rent or the possession of leased premises for nonpayment of rent (including a proceeding brought under Section 9-2 hereof). (d) Assertion of hazard or threat — preconditions. The assertion by the tenant, whether made by complaint or answer, shall be conditioned upon the following: (1) Prior notice to landlord. Prior to the commencement of the action by the tenant or by the landlord, the landlord or his agent was notified in writing by certified mail (return receipt) of the condition or conditions described in subsection (b), above, or was notified of such condition or conditions by a violation or condemnation notice from an appropriate State or municipal agency, or received actual notice of the defects or conditions, but that the landlord has refused, or having a reasonable opportunity to do so, has failed to remedy the same. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court except that there shall be a rebuttable presumption that a period in excess of thirty (30) days from receipt of the notification by the landlord is unreasonable; and (2) Payment of rent into court. Payment by the tenant into court of the amount of rent called for under the lease at the time of any assertion of rent escrow, unless or until such amount is modified by subsequent order of the court under subsection (f)(4), below. (3) Tenant’s prior payment record. The court has entered against the tenant not more than five judgments of restitution for rent due and unpaid in the year immediately prior to the initiation of the action by the tenant or by the landlord. If the tenant has lived on the premises six months or less and the court has entered against the tenant three judgments of restitution for rent due and unpaid, the tenant shall not be entitled to make an assertion against the landlord as described in subsection (b) of this section. (e) Landlord’s defenses. It shall be sufficient answer or rejoinder to such a declaration or defense if the landlord establishes to the satisfaction of the court that (1) the notice requirement as set forth in subsection (d)(1) has not been met, or (2) the condition or conditions alleged by the tenant do not in fact exist, or (3) such condition or conditions have been removed or remedied, or (4) such condition or conditions have been caused by the tenant or members of his family or his or their invitees or assignees, or (5) the tenant has unreasonably refused entry or unreasonably failed to make arrangements to be home for the entry to the landlord or his agent to the premises for the purpose of correcting such condition or conditions. (f) Court order. The court shall make findings of fact on the issues before it and shall make any order that the justice of the case may require. Such an order may include, but is not limited to, any one or more of the following: (1) Termination of the lease or ordering the premises surrendered to the landlord. (2) Ordering all monies already accumulated in escrow disbursed to the landlord or to the tenant in accordance with subsections (f)(4), (f)(5), or (g). (3) Ordering that the escrow be continued until the complained-of condition or conditions be remedied. (4) Ordering that the amount of rent, whether paid into the escrow account or paid to the landlord, be abated as determined by the court in such an amount as may be equitable to represent the existence of the condition or conditions found by the court to exist. In all such cases where the court deems that the tenant is entitled to relief under this Act, the burden shall be upon the landlord to show cause why there should not be an abatement of the rent. (5) Ordering any amount of monies accumulated in escrow disbursed to the tenant (where the landlord refuses to make repairs after a reasonable time) or to the landlord or to a contractor chosen by the landlord in order to make repairs or to otherwise remedy the condition. In either case, the court shall make an order to insure that monies thus disbursed will be in fact used for the purpose of making repairs or effecting a remedy. (6) Referring any matter before the court to the proper State or municipal agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. When such a continuance is granted, the tenant shall deposit with the court rents, subject to any abatement under subsection (f)(4), above, which become due during the period of the continuance to be held by the court pending its further order; or (7) In its discretion, ordering escrow funds disbursed to pay a mortgage on the property in order to stay a foreclosure. (8) Order the landlord to make the repairs or correct the conditions complained of by the tenant and found by the court to exist. (g) Award of escrow to tenant. Notwithstanding any provision of subsection (f), above, where an escrow account is established by the court and the condition or conditions are not fully remedied within six months of the establishment of such account, and the landlord has not made reasonable attempts to remedy the condition, the court shall award all monies accumulated in escrow shall be disbursed to the tenant. In such event, the escrow shall not be terminated, but shall begin upon a new six month period with the same result if, at the end thereof, the condition or conditions have not been remedied. (h) Initial hearing. The initial hearing must be held within fifteen (15) calendar days from the posting by the court of notification of the hearing as provided in paragraph (j), except that the court shall order an earlier hearing where emergency conditions are alleged to exist upon the premises such as, failure of heat in winter, lack of adequate sewage facilities or any other condition which constitutes an immediate threat to the health or safety of the inhabitants of the leased premises. (i) Additional hearings. The court, on motion of either party or on its own motion, may hold hearings subsequent to the initial proceeding in order to further determine the rights and obligations of the parties. Distribution of escrow monies may only occur by order of the court after a hearing after both parties are given reasonable notice or upon motion of both the landlord and tenant or upon certification by the housing inspector that the work required by the court to be done has been satisfactorily completed. (j) Notice of hearings. In the case of all motions and other papers requiring a hearing thereon, the court shall notify by certified mail (return receipt) the opposite party, and all other persons required to be notified, stating the date, time and purpose of the hearing. Refusal by a party to accept such notification or his unreasonable delay in accepting it shall not bar any remedy to which the opposite party may otherwise be entitled. (k) Rent increase, eviction, etc. No tenant shall be subject to an increase in rent, eviction from the premises or decrease in services which by law are required to be provided by the landlord, for a period of six months following determination of the merits of the case by the court, unless the court finds that the complaint or defense by the tenant has not been raised in good faith, or unless the court finds that the rent has been increased or the tenant evicted for good cause. After a period of six months following the determination of the merits of the initial case by the court, the burden of proof shall be on the tenant. (l) Failure of the tenant to raise the complaint or defense in good faith is not equivalent to failure to raise the complaint or defense successfully. To raise the complaint or defense in good faith, the tenant must have to have had the reasonable expectation that such complaint or defense would be successful under this Act. (2) Good cause to evict or to raise the rent includes a finding that: (a) the condition or conditions which formed the basis of the tenant’s complaint or defense were caused by an act or omission of the tenant or members of his family or his invitees or assignees, but such acts or omissions are beyond those which constitute ordinary wear and tear; or (b) the landlord seeks in good faith to recover possession of the property for his immediate personal use as a dwelling; or (c) the landlord has contracted in good faith and in writing, to sell the property for immediate personal use and occupancy as a dwelling by the purchaser; or (d) the landlord must increase the rent due to a substantial increase in taxes or a substantial increase in maintenance or operating costs not associated with the condition or conditions asserted in any proceeding under this Act; or (e) The landlord has completed a substantial capital improvement of the leased premises or the property of which the leased premises are a part and which improvement benefits the leased premises, but that such improvement is not associated with the condition or conditions asserted in any proceeding under this Act. (3) The provisions of this subsection (subsection (k)) shall apply also to a tenant who in good faith reports a potential housing code violation to the appropriate State or municipal agency regardless of his intent to proceed under any other portion of this Act except that no landlord shall be bound not to increase the rent of such a tenant in excess of six (6) months following the determination of the merits of the initial case by the court. Nothing in this subsection shall alter the landlord’s or tenant’s right to terminate or not renew a written lease for one year or longer under the forms contained therein; provided, however, that such written lease shall not be used to defeat the intent and provisions of this Act. (l) Repossession to raze or board up premises A landlord may repossess his premises after giving a proper sixty-day notice to the tenant of the landlord’s desire to repossess the premises provided that the landlord, in good faith, intends to raze or board up his premises and intends to obtain a permit to do so. (m) Waiver prohibited. Any provision of a lease or other agreement whereby any provision of this Act for the benefit of a tenant, resident or occupant of a dwelling is waived shall be deemed to be against public policy and shall be void. (n) Application to State and City. This Act shall also apply to any residential premises located in Baltimore City leased by an agency of the State of Maryland or the City of Baltimore.

Baltimore City Public Local Laws, Subtitle 9, § 9-9A Landlord’s noncompliance with lease.

§ 9-9A Landlord’s noncompliance with lease. (a) Tenant may raise. In addition to the provisions of Section 9-9, in an action for recovery of rent or for the possession of leased premises for nonpayment of rent, or in an action brought by a tenant praying for one or more of the forms of relief enumerated in Section 9-9, the tenant may assert as a defense or as the basis for affirmative relief, that there exists on the leased premises a condition which constitutes a material noncompliance by the landlord with the written lease or a condition which constitutes a repudiation of a written inducement to rent the premises, such as but not limited to the following: (1) lack of functional and sufficient laundry, cooking, or dishwashing facilities; (2) lack of functional refrigeration or air conditioning; (3) lack of proper maintenance; or (4) lack of specified recreational facilities. (b) Applicable provisions. The provisions of Sections 9-9(d) through 9-9(n) shall apply to any action or defense based upon this Section.

Baltimore City Public Local Laws, Subtitle 9, § 9-10 Retaliatory actions.

§ 9-10 Retaliatory actions. (a) Actions prohibited. In addition to the protections afforded to the tenant by Section 9-9, a landlord may not evict a tenant of any residential property in Baltimore City or increase the rent or decrease the services to which the tenant is entitled for any of the following reasons: (1) solely because the tenant has complained, in good faith, to the landlord or to any public agency concerning the tenant’s rights or specific housing deficiencies; or (2) solely because the tenant is a member of any tenant’s organization; or (3) solely because the tenant files suit against the landlord; or (4) solely because the tenant consults an attorney on any matter involving tenant’s rights. (b) “Retaliatory evictions”. Evictions described in subsection (a) shall be called “retaliatory evictions”. (c) Attorneys’ fees and costs. If, in any eviction proceeding, the judgment is in favor of the tenant for any of the aforementioned defenses, the court may enter judgment for reasonable attorney’s fees and court costs against the landlord.

Baltimore City Public Local Laws, Subtitle 9, § 9-11 Tenancies from year to year.

§ 9-11 Tenancies from year to year. Where any lands or tenements in the City of Baltimore are held from year to year, the tenancy shall be terminated if the lessor give to the tenant ninety days’ notice before the end of the year.

Baltimore City Public Local Laws, Subtitle 9, § 9-12 Tenant carrying over.

§ 9-12 Tenant carrying over. If any land be held in said City under the lease for a month, or any less period than a year, and the tenant continues to occupy under such lease after its expiration, he shall be deemed a tenant for such period as the premises were originally leased to him, and so from such period to such period; and if his landlord give him the notice required to be given by Section 9-14 before the termination of any period of his tenancy, it shall terminate such tenancy. (Ord. 42-684, §1126; 1898, ch. 123, §845.)

Baltimore City Public Local Laws, Subtitle 9, § 9-13 Tenancy by sufferance.

§ 9-13 Tenancy by sufferance. If land or tenements be held in said City by tenancy at will, at sufferance or per autre vie, the notice required to be given by Section 9-14 by the landlord or reversioner to the tenant or occupant shall terminate such tenancy at the expiration of such notice. (Ord. 42-684, §1127; 1898, ch. 123. §846.)

Baltimore City Public Local Laws, Subtitle 9, § 9-14 Tenancies covered by §§ 9-11, 9-12, and 9-13.

§ 9-14 Tenancies covered by §§ 9-11, 9-12, and 9-13. Notwithstanding the provisions of Section 9-20 of this Article, the notice required to be given by any landlord to any tenant to terminate the tenancies of dwelling units for the terms mentioned in Sections 9-11, 9-12, and 9-13 of this Article shall be sixty (60) days notice previous to the date upon which the landlord shall be entitled to the remedy contained in Section 9-19, and no landlord leasing, renting or demising any dwelling unit in the City of Baltimore under a lease for a year or any period less than a year, at sufferance or per autre vie, shall be entitled to the remedy provided by Section 9-19 if he has not given sixty (60) days’ notice before exercising such remedy unless: (1) the tenant is violating an obligation of his tenancy such as unreasonably refusing the landlord access to the dwelling unit or failing to comply with sanitation standards set by law; or (2) the tenant is committing or permitting a nuisance on the premises or is using or permitting the use of the dwelling unit for immoral or illegal purposes or for other than living or dwelling purposes; or (3) the dwelling unit is occupied under a seasonal occupancy, which is hereby defined to be a tenancy for not more than five (5) months; or (4) the dwelling unit is and was, at the effective date hereof, a nonhousekeeping furnished room or unit without cooking facilities; or (5) the tenant’s lease or other rental agreement has expired or otherwise terminated and, at the time of termination, the occupants of the housing accommodations are subtenants or other persons who occupied under a rental agreement with the tenant and no part of the accommodations is used by the tenant as his dwelling. If the landlord seeks to evict the tenant under the provisions of Paragraphs 1, 2, 3, 4 or 5 above, the notice to the tenant shall be thirty (30) days before the end of the term unless otherwise provided in the lease. In addition, no such landlord shall be entitled to the remedy provided by Section 9-19 if he has not given sixty (60) days’ notice before exercising such remedy unless: (1) the landlord, who is the owner of the housing accommodations, seeks in good faith to recover possession thereof for his immediate and personal use and occupancy as housing accommodations, or for the immediate and personal use and occupancy as housing accommodations by a member or members of his immediate family, which shall include a son, son-in-law, daughter, daughter-in-law, father, father-in-law, mother, mother-in-law, stepchild and adopted child; or (2) the landlord seeks in good faith, to recover possession for the immediate purpose of substantially altering or remodeling the housing accommodations for continued use as housing accommodations, in a manner which cannot practically be done with the tenant in possession, or for the immediate purpose of demolishing them, provided that the landlord has obtained such approval for the proposed alterations or remodeling or demolition as may be required under the law; or (3) the landlord seeks in good faith to recover possession of the housing accommodations for the immediate purpose of: (i) making a permanent conversion to commercial use by substantially altering or remodeling them; or (ii) personally making a permanent use of them for nonhousing purposes; or (iii) permanently withdrawing them from both housing and nonhousing rental markets without any intent to sell housing accommodations. If the landlord seeks to evict the tenant under the provisions of Paragraphs 1, 2 and 3 above, the notice to the tenant shall be sixty (60) days before the end of the term, unless otherwise provided in the lease. (Ord. 93-162; Ord. 55-018 Ord. 64-349; Ord. 54-1187; Ord. 53-876; Ord. 52-496; Ord. 51-153; Ord. 50-1504; Ord. 49-966; Ord. 48-546; Ord. 47-027; Ord. 46-604; Ord. 46-526; Ord. 42-684, §1127A.)

Baltimore City Public Local Laws, Subtitle 9, § 9-14.1 Implied warranty of fitness — in general.

§ 9-14.1 Implied warranty of fitness — in general. (a) Established; remedies for breach. In any written or oral lease or agreement for rental of a dwelling intended for human habitation, the landlord shall be deemed to covenant and warrant that the dwelling is fit for human habitation. If the dwelling is not fit for human habitation, the tenant, in addition to any remedies which he otherwise has, is entitled to the following remedies that shall be exercised within thirty (30) days of occupancy: (1) an action or proceeding for breach of contract or warranty which may include a prayer for rescission of the contract; (2) rescission of the contract including the return of all deposits and money towards rent paid during the period of the breach of the warranty of habitability and within the thirty (30) days of occupancy period. Provided, however, that no action or proceeding for breach of the warranty of habitability shall be instituted by any tenant unless the landlord has notice of the conditions on the premises which constitute the breach of the warranty of habitability. (b) Definitions. (1) Dwelling. For the purpose of this section “dwelling” shall mean a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household. (2) Notice. For the purpose of this section “notice” shall mean (a) a violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, (b) a letter sent by the tenant or his agent to the landlord by certified mail, or (c) actual notice of the defects or conditions. (3) Fit for human habitation. For the purpose of this section “fit for human habitation” shall mean the premises shall not have any conditions which endanger the life, health and safety of the tenants, including, but not limited to vermin or rodent infestation, lack of sanitation, lack of heat, lack of running water, or lack of electricity. (c) Misconduct by tenant. Where the tenant or a member of his family or his invitee, or his agent has in bad faith refused entry to the landlord or his agent for the purpose of correcting the condition or conditions, the court shall impose upon the tenant the reasonable cost of defense by the landlord including counsel’s fees and court costs, or where the tenant or a member of his family or his invitee or his agent has caused condition or conditions which are alleged to exist, the cost of the repair of such conditions shall be imposed upon the tenant. (d) Waiver prohibited. The provisions of this section shall not be waived by any written or oral lease or agreement for rental of a dwelling intended for human habitation.

Baltimore City Public Local Laws, Subtitle 9, § 9-14.2 Implied warranty of fitness — continuation during tenancy.

§ 9-14.2 Implied warranty of fitness — continuation during tenancy. (a) Definitions. (1) In general. In this section the following words have the meaning indicated unless otherwise apparent from context. (2) Dwelling. “Dwelling” means a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household. (3) Notice. “Notice” means a violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, or a letter sent by the tenant or his agent to the landlord by certified mail, or actual notice of the defects or conditions. (4) Fit for human habitation. “Fit for human habitation” means the premises shall not have any conditions which endanger the life, health and safety of the tenants involving vermin or rodent infestation in two or more units, lack of sanitation, lack of heat, lack of running water, or lack of electricity, except where the tenant is responsible for payment of the water and electric charges and where lack of water or electricity is the direct result of the tenant’s failure to pay the water and electric charges. (5) Reasonable time. “Reasonable time” means that period of time, after notification, which is required to restore a dwelling to a state fit for human habitation if the landlord pursues the work of restoration with diligence and without culpable delay. Where there is a dispute between the landlord and the tenant as to what is a reasonable time in a particular instance, it shall be determined as a fact in any legal proceeding in which it is an issue. (b) Continuing warranty. The warranty of habitability provided in Section 9-14.1 is a continuing warranty, and the tenant may maintain an action for breach of this warranty, at any time during the tenancy, if the dwelling becomes unfit for human habitation. An action for breach of this warranty may also be maintained as a defense in an action of summary ejectment or distress for rent. (c) Notice to landlord; reasonable time to repair No action for breach of warranty may be maintained unless the landlord has notice or knowledge of the conditions which constitute the alleged breach of the warranty of habitability. The landlord has a reasonable time after notification to repair the defect or damage alleged by the tenant except that there should be a rebuttable presumption that a period in excess of 30 days by the landlord would be unreasonable. Upon completion of the repairs, the landlord shall notify the tenant or the Department of Housing and Community Development in writing. (d) Breach as defense to action by landlord. The tenant may maintain a defense based on this section to the landlord’s action in summary ejectment or distress for rent. Damages shall be computed retroactively to the date of the landlord’s actual knowledge of the breach of warranty and shall be the amount of rent paid or owed by the tenant during the time of the breach less the reasonable rental value of the dwelling in its deteriorated condition. (e) Fault of tenant. The landlord is not responsible for any defect or damage caused by the tenant, a member of his family, or his visitors which contributes to the uninhabitability of the dwelling; in this instance the tenant shall bear the cost of repair and the cost shall be collected as rent.

Baltimore City Public Local Laws, Subtitle 9, § 9-15 Misrepresentation and other prohibited acts.

§ 9-15 Misrepresentation and other prohibited acts. (a) Definitions. (1) In general. In this section the following words have the meanings indicated. (2) Agent. “Agent” means any authorized individual or business acting on behalf of an owner. (3) Landlord. “Landlord” means an owner of real property located within Baltimore City, an agent of the owner, or an operator who promises to lease all or any portion of a property to another person for the person’s use, in exchange for an agreed upon amount of money or services. (4) Lease. “Lease” means any oral or written agreement, express or implied, creating a landlord and tenant relationship, including any sublease, that grants the tenant the use of the landlord’s property for a given period of time in exchange for rent in the form of money or services. (5) Operator. “Operator” means any person who has charge, care, or control of all or any portion of a structure or premises on behalf of the owner. (6) Tenant. “Tenant” means any person who has been given the right to use or occupy rental property through a lease agreement. (b) Prohibited acts. An agent, a landlord, or an operator may not: (1) falsely makes any representation or statement required by Sections 9-2, 9-3, 9-12, 9-13, 9-14, 9-15, or 9-19 and Article 13, § 8A-2 of the Baltimore City Code to be given; (2) falsely makes any representation or statement in connection with the giving of the notice or complaint required by Sections 9-2, 9-3, 9-12, 9-13, 9-14, 9-15, or 9-19 and Article 13, § 8A-2 of the Baltimore City Code to be given; (3) falsely makes any representation or statement at, during, or in connection with any proceeding for the enforcement of any rights for the speedy recovery of lands or tenements held over by tenants; (4) in an attempt to circumvent the protection accorded tenants by Sections 9-2, 9-3, 9-12, 9-13, 9-14, 9-15, or 9-19 and Article 13, § 8A-2 of the Baltimore City Code, wilfully deprive a tenant of ingress to or egress from his dwelling; (5) without the consent of the tenant, intentionally: (i) interrupt, terminate, or diminish, any utility service furnished to the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, or similar services to which under the expressed or implied terms of the tenancy the tenant may be entitled; (ii) remove furnishings, cooking facilities, appliances, or similar items to which under the express or implied terms of the tenancy the tenant may be entitled; (iii) prevent the tenant from gaining reasonable access to the property by changing the locks and failing to provide the tenant with new keys; (iv) remove outside doors or windows; or (v) remove from the premises the tenant’s personal property, furnishings, or any other items. (c) Penalties. An agent, a landlord, or an operator who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500 or imprisonment of not more than 10 days, or both fine and imprisonment for each offense. (2018, Chs. 637 and 638, eff. Oct. 1, 2018; Ord. 09-217; Ord. 91-662; Ord. 42-769; Ord. 42-684, §4.)

Baltimore City Public Local Laws, Subtitle 9, § 9-16 Tenant’s notice to quit.

§ 9-16 Tenant’s notice to quit. Any of the tenancies mentioned in Sections 9-11, 9-12, and 9-13 may be terminated by the tenant’s giving notice to the landlord thirty (30) days previous to the end of the year, or other period for which he holds the same.

Baltimore City Public Local Laws, Subtitle 9, § 9-17 Notices — service.

§ 9-17 Notices — service. The notice required by the preceding sections shall be in writing and served on the tenant, or left at his place of abode or business, or served on his agent or servant, or served on any occupant of the premises; and if there be no person living on the premises the same may be served by being set upon a conspicuous part of the premises.

Baltimore City Public Local Laws, Subtitle 9, § 9-18 Notices — request to leave.

§ 9-18 Notices — request to leave. Such notice shall be sufficient in form if it contains a request by the landlord to the tenant to leave the premises, or if it states the intention of the tenant to leave the same, and it need not state the time when the tenant is requested to leave the same, or when the tenant intends to do so.

Baltimore City Public Local Laws, Subtitle 9, § 9-19 Notices — effect.

§ 9-19 Notices — effect. Such notice, without any additional notice, shall entitle the landlord to the benefit of the law providing for the speedy recovery of the possession of lands or tenements held over by tenants. (Ord. 42-684; Ord. 19-036; 1898, ch. 123, §850.)

Baltimore City Public Local Laws, Subtitle 9, § 9-20 Notices — agreement governs.

§ 9-20 Notices — agreement governs. If by agreement of the parties the time and manner of notice is specified, such notice shall be given as the agreement provides, and when given by the landlord, shall entitle him to all the benefits of the preceding sections, without any other notice.

Baltimore City Public Local Laws, Subtitle 9, § 9-21 Notices —tenant’s notice of removal.

§ 9-21 Notices —tenant’s notice of removal. In addition to any other notice required under this article to terminate any lease or rental contract, any tenant vacating any such tenement shall notify the landlord or his agent, at least seventy-two hours before such removal, as to the date upon which he proposes to vacate. Upon receiving such 72-hour notice, the landlord or his duly authorized agent has a right to inspect the premises in search of any violation of the tenancy; and if, after this personal inspection, the tenant is found to be in default as to any of the terms, covenants or conditions of his tenancy or if the tenant is found to be in violation of any other provisions of this section, the landlord may advise the tenant it is the tenant’s duty to give notice of the address to which he intends to move; and upon receiving such further notice, the tenant shall advise the landlord or the landlord’s agent of the address of the property to which he will move. Upon vacating, such tenant shall secure and lock all doors and windows, and openings in cellar and cellar way, and shall leave the premises clean and free from debris and trash. Within twenty-four hours thereafter, such tenant shall deliver all keys to the demised premises in his possession to the landlord or his agent, in person or by registered mail, and receive a receipt therefor. Any tenant failing to comply with the provisions of this section shall be subiect to a fine of not less than twenty-five dollars nor more than one hundred dollars, such fine to be assessed by any court having jurisdiction thereof; provided, however, that neither the delivery of such keys nor the acceptance thereof by the landlord or his agent, shall relieve the tenant of any liability for rent due or to become due, or for any other obligation, under the terms of his lease or rental agreement. (Ord. 60-342; Ord. 58-1294.)

Baltimore City Public Local Laws, Subtitle 9, § 9-22 Summons.

§ 9-22 Summons. If the summons issued for the tenant in a proceeding to dispossess him be returned non est, a second summons, returnable in not less than five days shall be issued, and a notice shall be sent to the tenant by first class mail, and if the tenant shall not be found, a copy of the second summons shall be left with the occupant of the premises, or if they be vacant, affixed to some principal building, or if no building then set up on the premises and on the day assigned in the summons for the appearance of the party the Judge shall proceed as if he had appeared, provided notice has been sent to the tenant at the time the second summons is issued.

Baltimore City Public Local Laws, Subtitle 9, § 9-23 Interrogatories — filing by landlord.

§ 9-23 Interrogatories — filing by landlord. The landlord or reversioner may file with the District Court interrogatories to be answered by the tenant touching the tenancy or notice, or for any other matter of evidence in support of the pretensions of said landlord or reversioner, in and about such proceeding.

Baltimore City Public Local Laws, Subtitle 9, § 9-24 Interrogatories — tenant’s answer.

§ 9-24 Interrogatories — tenant’s answer. If a copy of such interrogatories be served on the tenant, he shall answer the same before the third day, exclusive of the day of service; and upon his failure to answer the matters inquired of by such interrogatories, they shall be taken as confessed by him; but on cause shown, the judge may give further time for answering; not exceeding eight days in the whole, from and exclusive of the day of service.

Baltimore City Public Local Laws, Subtitle 9, § 9-25 Interrogatories — service.

§ 9-25 Interrogatories — service. The copies of said interrogatories may be served in the same manner that notices to quit are directed to be served.

Baltimore City Public Local Laws, Subtitle 9, § 9-26 Judgment against tenant.

§ 9-26 Judgment against tenant. If in any proceeding by a landlord to dispossess a tenant the judgment be in his favor, the judge shall assess against the tenant holding over the premises, damages not exceeding double the rate of the rent of said tenancy, and also for the expenses of said landlord or reversioner in and about said proceeding, over and above the legal cost thereof, and shall render a judgment therefor in favor of the lessor or reversioner, to be enforced by execution.

Baltimore City Public Local Laws, Subtitle 9, § 9-27 Judgment against landlord.

§ 9-27 Judgment against landlord. If the Judge shall find against the landlord or reversioner he shall assess such damages, as he shall deem just to be paid by him to the tenant, for which, and costs, judgment shall be rendered and enforced as aforesaid.

Baltimore City Public Local Laws, Subtitle 9, § 9-28 Tenant holding over.

§ 9-28 Tenant holding over. In all cases the tenancy mentioned in this subheading, if the tenant, after notice, fail to quit at the end of the term, or at a period when he shall begin as aforesaid to be holding over, such tenant, his executors or administrators, may, at the election of the lessor, his heirs, executors, administrators or assigns, be held as a tenant and bound to pay double the rent to which the said tenancy was subject, and payable and recoverable in all respects and to every effect as if, by the original agreement or the understanding as to such tenancy, said double rent were the reserved rent of the demised premises, according to the terms and conditions of payment of such originally reserved rent.

Baltimore City Public Local Laws, Subtitle 9, § 9-29 Appeals — in general.

§ 9-29 Appeals — in general. An appeal may be prosecuted from any judgment of the District Court rendered under the provisions of this subheading to the Circuit Court for Baltimore City, in the manner and under the rules prescribed in cases within the ordinary jurisdiction of the District Court; the tenant, or the tenant’s personal representative, in order to stay any execution of the judgment against them, giving, on such appeals, bond with security, with condition to prosecute the appeal with effect, and to answer to the landlord, or the landlord’s personal representative, all costs and damages mentioned in the judgment, and such as shall be further incurred and sustained by reason of said appeal and the delay arising from that time.

Baltimore City Public Local Laws, Subtitle 9, § 9-30 Appeals — exclusive procedure for removal.

§ 9-30 Appeals — exclusive procedure for removal. Landlord and tenant cases shall not be removable to the Circuit Court for Baltimore City, at any stage except by and upon appeal as authorized under this title.

Baltimore City Public Local Laws, Subtitle 9, § 9-31 Appeals — reversals for substance only.

§ 9-31 Appeals — reversals for substance only. No proceeding to dispossess a tenant holding over, had before the District Court and removed by appeal to the Circuit Court for Baltimore City, shall by such Court be reversed or set aside for matter of form; and any case thus removed by appeal, if the proceeding thereunder shall be set aside or appear to be substantially defective, shall be proceeded within said Court in the same manner and to the same effect, upon the claim and complaint and merits, and upon evidence to be adduced therein as it was or might have been competent to said District Court to have proceeded therewith.

Baltimore City Public Local Laws, Subtitle 9, § 9-32 Appeals — trial at first term.

§ 9-32 Appeals — trial at first term. Every such appeal shall be tried and finally determined and proceeded with at the first term to which such case shall be removed to the said court, unless for cause shown upon affidavit the court shall otherwise order.

Baltimore City Public Local Laws, Subtitle 9, § 9-33 Application of provisions governing holding over.

§ 9-33 Application of provisions governing holding over. The provisions of the preceding sections of this subheading, relating to tenants holding over, shall extend to the heirs, executors and assigns of lessors and reversioners, and to the executors and all persons holding under tenants, and to all cases where there are two or more tenants, in which case each tenant shall be entitled to the notices and the benefit of each condition contained in the preceding sections of the subheading.

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/public-local-laws/9Fetched: 10/25/2026