Maryland Tenant Rights and Mold in Rentals: What to Know

Mold can be a serious problem for renters in Maryland, affecting both your health and living conditions. Understanding your rights and the landlord’s obligations under Maryland law is important if you notice mold or moisture in your rental home. This article breaks down what Maryland tenants need to know about dealing with mold, how to request repairs, and when further action might be needed.

What Is Mold and Why Is It a Concern in Rentals?

Mold is a type of fungus that grows in damp conditions and can cause health problems, especially for people with asthma or allergies. In rentals, mold often results from leaks, poor ventilation, or flooding. Maryland law requires that all rental properties are maintained so they are safe and fit to live in, including addressing mold and moisture issues.

Landlord Responsibilities for Mold and Habitability

Maryland’s landlord-tenant laws state that landlords must keep rental properties in a condition that is safe and habitable. This duty includes:

• Repairing leaks and addressing water intrusion right away
• Fixing plumbing or roof issues that cause moisture
• Responding to written repair requests from tenants about mold
• Complying with state and county health and safety codes

These requirements are outlined under Maryland Real Property Code § 8-211 (Repair of Dangerous Defects) and related statutes.^[1]

What Should Maryland Tenants Do If They Discover Mold?

If you find mold in your Maryland rental, follow these steps:

• Document the issue: Take photos and describe the mold location and extent.
• Notify your landlord in writing: Send a written repair request as soon as possible, describing the problem and its impact on your living conditions.
• Request repairs: Ask your landlord to fix the underlying cause, such as leaks or poor ventilation, in addition to removing visible mold.

If your landlord does not respond, Maryland law allows you to use the Rent Escrow process if the issue seriously affects your health and safety, including severe or persistent mold. This process is handled through the District Court of Maryland.

Official Form: Petition in Action of Rent Escrow (DC-CV-083)

• When to use: Use this form if the mold problem makes your rental unsafe or unhealthy and your landlord hasn’t fixed it after notice.
• How to file: Complete the DC-CV-083 Petition in Action of Rent Escrow and submit it to your local District Court. Attach any photos, repair requests, or evidence of the mold problem.
• Renter-focused example: If you discover mold behind a wall after a pipe leak and your landlord ignores repeated requests for repairs, you may file this form so a judge can order repairs or allow you to pay rent into court until the mold is fixed.

More details about the Maryland rent escrow process can be found on the official Maryland Courts Rent Escrow page.^[2]

Health Considerations and Getting Inspections

If you believe mold is affecting your health, contact your local health department for an inspection. In many Maryland counties and Baltimore City, health or housing inspectors can verify conditions that violate habitability standards and may order the landlord to take corrective action.

What If My Landlord Retaliates?

Maryland law protects renters from retaliation for making good-faith repair requests. If your landlord tries to increase your rent, evict you, or withhold services because you reported mold or used rent escrow, you have legal rights. The state’s anti-retaliation law offers protection in these cases.^[3]

Your Rights Under Maryland Law

Key state tenant protections related to mold and repairs include:

• Maryland Real Property Code § 8-211: Repairs for Dangerous Defects
• Maryland Real Property Code § 8-208.4: Retaliatory Actions Prohibited
• Petition in Action of Rent Escrow (DC-CV-083) for use in District Court

For official dispute resolution, the District Court of Maryland: Landlord-Tenant Self-Help page provides up-to-date legal information, forms, and filing instructions.

FAQ: Mold Issues in Maryland Rentals

1. Can I withhold rent in Maryland if my apartment has mold?
   Only if you use the official Rent Escrow process through the District Court and meet certain legal requirements. Do not withhold rent on your own without court approval.
2. How long does my landlord have to fix a mold problem?
   Maryland law requires landlords to make repairs in a reasonable time, usually within 30 days after receiving written notice. For urgent safety concerns, repairs should be made promptly.
3. Do I need proof before filing a mold complaint?
   Yes. Take clear photos, keep copies of communications, and gather evidence of the mold and health impacts, if any, to support your claim.
4. Can I break my lease if mold makes my home uninhabitable?
   In severe cases, you may petition the court for remedies, which could include breaking the lease, but always consult an attorney or county housing office before taking action.
5. Is my landlord responsible for all types of mold?
   The landlord is responsible for mold caused by leaks, structural issues, or other conditions under their control. If mold is caused by the tenant’s own actions (such as neglecting to ventilate), the tenant may be responsible for repairs.

Key Takeaways for Maryland Renters

• Document and report mold issues in writing to your landlord right away.
• Use the Maryland Rent Escrow process if repairs are not made and habitability is seriously affected.
• Seek help from local health departments or courts if mold threatens your health or safety.

Being informed about your rights and the correct process can help ensure a safe and healthy place to live.

Need Help? Resources for Renters

• District Court of Maryland – Landlord-Tenant Self-Help (Official forms and tenant resources)
• Maryland Courts – Rent Escrow Guide
• Maryland 2-1-1: Call for local health department or housing referrals
• Maryland Department of the Environment – Mold Information

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1. Maryland Real Property Code § 8-211: Repairs for Dangerous Defects
2. Maryland Courts – Rent Escrow Process
3. Maryland Real Property Code § 8-208.1: Retaliatory Actions Prohibited

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