The Tenant Safety Act of 2024 established that every rental property offered for lease is deemed to be fit for human habitation. The relief available to tenants as part of this law is similiar to rent escrow. Unlike rent escrow, a tenant seeking relief under this law does not have to pay rent into an escrow account. Learn more about rent escrow.

Read the Law: Md. Code, Real Property § 8-212

Habitability

In the law, "fit for human habitation" means that a rental unit is free from serious conditions or defects that are, or could become, a fire risk or a serious danger to the health, safety, or lives of the people living there if not quickly fixed. Rental units must remain fit for human habitation from the beginning to the end of the lease.

When a tenant discovers a serious defect or condition, they should notify the landlord right away. The warranty of habitability requires one of these forms of notice:

• written communication sent by certified mail listing the defect or condition
• actual notice of the defect or condition (meaning the landlord has seen the dangerous condition)
• a written violation, condemnation, or other notice from an appropriate government agency identifying the condition or defect

Notice

These are the same types of notice requirements found in the rent escrow law. After the landlord is made aware of the condition, they must fix the problem within a reasonable period of time. The repairs must be made even if the tenant is behind on the rent.

If the landlord does not fix the problem, the tenant may do one or both of the following:

• bring a lawsuit for damages and the abatement of rent against the landlord
• refuse to pay rent

Frequently Asked Questions

What if the tenant provides notice and then stops paying rent?

The landlord may then bring a lawsuit for failure to pay rent. In courts, the tenant can raise the presence of the defect or serious condition.

Does a landlord have any defenses or reasons why they refuse to fix the problem?

A landlord may have a defense if the damage was caused by the tenant, tenant's family, or social guest. Another defense available to the landlord is if the landlord, or their agent, was not allowed into the rental unit to fix the problem. 

If the tenant files a lawsuit, what can happen?

After a hearing, the court will make findings of fact. If appropriate, the court may order any of the following:

• an award of actual damages
• an abatement (reduction) of rent due or unpaid 
• termination of the lease, return of any unused portion of a security deposit to the tenant, and relocation expense for a tenant

What about problems that affect an entire building of rental housing?

The law also allows multiple plaintiffs to join in a single lawsuit against a landlord.

What does the law say about attorneys fees and court costs?

If a court orders any relief to a tenant, the court can also award reasonable attorneys fees and costs, and expenses related to the lawsuit. If a court finds that the lawsuit brought by the tenant was in bad faith or without substantial justification, the court may award the landlord reasonable attorneys fees and costs, and expenses related to the lawsuit.