Maryland Renters’ Emergency Rights During Storms & Floods

Storms and flooding can pose real risks to renters in Maryland, from property damage to emergency evacuations. Knowing your rights and your landlord’s responsibilities during severe weather helps keep you safe and ensures your home is restored quickly. This guide explains key protections provided by Maryland tenant law when natural disasters strike.

Key Legal Protections for Renters During Storms and Floods in Maryland

During extreme weather, both landlords and tenants have important responsibilities and rights. The Maryland Code, Real Property § 8-211 and the Maryland Lease Law detail minimum standards for rental units, including habitability, emergency repairs, and conditions under which rent may be withheld. The Maryland Department of Housing and Community Development (DHCD) and local housing offices oversee rental housing protections.^[1]

Habitability and Emergency Repairs

• Right to Safe Housing: Your landlord must maintain a rental property that is safe and habitable — including during and after storms or flooding.
• Obligation to Repair: If flooding or a storm damages electrical, plumbing, heat, or threatens health/safety, the landlord must repair these issues promptly after notification.
• Rent Escrow: If major repairs aren’t made, you may pay your rent into an escrow account, rather than directly to the landlord, until repairs are completed. See below for forms and process.

If your rental is physically unsafe (for example, severe water damage, lack of electricity, or structural issues), contact your landlord immediately in writing and document all damage with photos or videos. If the landlord doesn’t act, Maryland law provides options to enforce repairs or request rent compensation.

Relocation and Evacuation During Disasters

• If civil authorities order evacuation, your landlord is not generally required to provide alternative accommodation unless your lease specifically states this.
• After the emergency, you have a right to return unless the unit is uninhabitable. If displacement is long-term, you may have rights to terminate your lease early or request rent reductions.

Official Forms and How to Use Them as a Maryland Renter

• Rent Escrow Petition (Form DC-CV-083): Use this if your landlord is not making essential storm or flood repairs. File in District Court to pay your rent into escrow until repairs are completed. Download DC-CV-083 here.
  Example: Your apartment has flood-damaged walls and no power for several days, and the landlord does not address the repair within a reasonable time. You file this petition in court to ask a judge to require the landlord to fix these issues or allow you to withhold rent in the meantime.
• Complaint for Failure to Repair or Maintain (Form DC-CV-082): This can be filed in District Court to seek emergency repairs in your unit.
  Download DC-CV-082 here.
  Example: You lost heat after a storm and reported it in writing, but repairs are delayed. File this complaint for the court to potentially order urgent repairs.

File forms at your local Maryland District Court (find court locations), and always notify your landlord in writing before starting these processes. Detailed instructions accompany each form.

Action Steps if Your Maryland Rental Is Affected by a Storm or Flood

• Document all damage and correspondence with your landlord.
• Submit written notification to your landlord requesting emergency repairs.
• If repairs aren’t made, consider filing the appropriate court form listed above.
• Seek help from your local housing agency if you need additional support.

Each of these steps ensures you are protected and can act swiftly to resolve storm or flood-related issues in your home.

Your Rights and Responsibilities Under Maryland Law

• No retaliation: Your landlord cannot evict or threaten you for asserting safety or repair rights after a disaster. This is protected by Maryland Real Property § 8-208.1.
• Insurance: While a landlord insures the building, your personal property may not be covered. Renters’ insurance is recommended for storm and flood damage to your belongings.
• Prompt reporting: Failure to notify the landlord of damage quickly may affect your legal protections.

FAQ: Maryland Renters’ Emergency Protections

1. What should I do if my rental home is damaged by a flood?
   Immediately notify your landlord in writing, document all damage, and request repairs. If there is no response, you can file a complaint with the District Court using Form DC-CV-082.
2. Can I withhold rent if my apartment is uninhabitable after a storm?
   Yes, but only by paying rent into court (escrow) using the Rent Escrow Petition (DC-CV-083) — never just withhold rent unilaterally.
3. Does my landlord have to provide me with a temporary place to stay during repairs?
   Not unless your lease specifies. Most leases in Maryland do not require landlords to provide alternative accommodation during repairs after a storm or flood.
4. Can I break my lease if my rental is too damaged to live in?
   Potentially yes, especially if repairs would take a long time, but you may need to involve the court or reach an agreement with your landlord.
5. Where do I file a rent escrow or emergency repair complaint?
   File at your local Maryland District Court. Forms and guidance are available on the Maryland Courts website.

Key Takeaways for Maryland Renters After Storms or Floods

• Landlords must respond quickly to make emergency repairs after storms or floods.
• If living conditions are unsafe, renters can use court forms to pay rent into escrow and request repairs.
• Always communicate damage and repair requests in writing, and know where to get help if your landlord doesn’t act.

Need Help? Resources for Renters in Maryland

• Maryland District Court (handles landlord–tenant legal disputes and court forms for rent escrow and repairs)
• Maryland Department of Housing and Community Development (DHCD): Resources for renters, disaster housing recovery, and support.
• Maryland Disaster Relief Legal Help: Free legal information on disaster recovery, rent escrow, and tenant rights.
• Your local county or city housing authority or inspection office

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1. Maryland Code, Real Property Title 8, General Obligations and Lease Provisions
2. Maryland Code, Real Property Title 8, Repair of Dangerous Defects
3. Maryland Courts (District Court landlord–tenant resources)
4. Maryland DHCD – Renters

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