Maryland Roommate and Occupancy Limit Laws Explained

Renting in Maryland often means sharing space or considering extra roommates. But how many people can live in a rental legally, and what happens if there are too many? Knowing state and local occupancy limits helps protect your rights and prevent accidental lease violations.

Understanding Occupancy Limits and Overcrowding in Maryland

Maryland does not set a single statewide occupancy standard for rental units. Instead, occupancy limits are primarily defined by local county or city codes. These rules determine the maximum number of people who may legally reside in a unit, and they typically depend on:

• The size of the dwelling (square footage)
• The number of bedrooms
• Local building and housing codes

Most ordinances in Maryland follow standards based loosely on the U.S. Department of Housing and Urban Development (HUD), often allowing two persons per bedroom, but always check your specific local code. For example, Montgomery County, Baltimore City, and Prince George’s County each have their own rules and inspection processes (Montgomery County rental licensing and occupancy).

How Overcrowding Laws Are Enforced

Enforcement is usually handled by the local housing or code enforcement offices. Landlords, property managers, or even neighbors can report suspected overcrowding. Officials may then inspect your unit for compliance.

• Landlords cannot lawfully ignore local occupancy limits
• Renters may have defenses if overcrowding is not their fault or if violations are due to the landlord’s actions
• Eviction may occur if repeated overcrowding continues against the lease or code

It’s important to note: Maryland’s main statewide landlord-tenant law, the Maryland Code, Real Property Title 8 - Landlord and Tenant, provides basic rental protections, but local codes set specific occupancy rules. Always request a copy of applicable regulations from your city or county housing department.

Roommates and Subletting in Shared Housing

Your lease agreement may restrict the number of occupants or require landlord permission before adding roommates or subletters. Adding more people than allowed by lease or law could risk eviction or non-renewal. Be sure to:

• Read your lease for any occupancy, subletting, or guest restrictions
• Check with your landlord and get written approval for new roommates
• Confirm local housing codes for room capacity

Official Forms and Reporting Overcrowding

If you suspect overcrowding or your landlord is pressuring you to allow more occupants than legally allowed, you can:

• Contact your local housing/code enforcement office
• File a complaint using your county’s online or paper Housing Code Violation Complaint Form (form names and procedures can differ by jurisdiction)

Example: In Baltimore City, you can use the online Housing Complaint system to report suspected violations. In Montgomery County, the Tenant Complaint Form is available to report landlord or property issues.

Action steps for renters:

• Gather documentation (lease, photos, communications)
• Check your county or city’s housing department website for complaint forms
• Submit the form online or by mail following local instructions
• Track your submission and any responses

Which Tribunal Handles Rental Housing Issues?

Maryland landlord-tenant disputes, including those involving occupancy, can be addressed in the local District Court (Maryland District Court system), which hears summary ejectment (eviction), lease disputes, and complaints regarding lease violations or repair issues. For county-specific housing code violations, contact your local housing enforcement or licensing board.

FAQ: Maryland Occupancy and Shared Housing

1. Can my landlord set stricter occupancy limits than the local law?
   Generally, your landlord can include occupancy limits in the lease if they comply with fair housing laws and do not violate local codes. However, limits stricter than the law could be challenged.
2. What happens if my rental unit is found to be overcrowded?
   Local code enforcement may issue violation notices, require reducing the number of occupants, and landlords may seek eviction if overcrowding is not fixed.
3. Is there a Maryland form to register roommates or guests?
   There is no statewide Maryland form for registering roommates; check your lease and county or city rules. Some landlords may require their own forms.
4. How do I report a suspected overcrowding violation?
   File a housing complaint with your local code enforcement or housing department using their official complaint form or online system.
5. Will having a child affect occupancy limits?
   In most Maryland jurisdictions, infants and young children count toward occupancy numbers, but family status discrimination is not allowed under federal and Maryland fair housing laws.

Conclusion

• Maryland occupancy and overcrowding rules are set by local jurisdiction, not by statewide law.
• Check both your lease and local codes before adding roommates or subletting.
• Use official forms or contact your local housing office if you have concerns about overcrowding.

Need Help? Resources for Renters

• Maryland District Court – Landlord/Tenant Cases
• Montgomery County DHCA: Rental Licensing and Occupancy
• Baltimore City Housing Complaint System
• Maryland People's Law Library: Landlord-Tenant FAQs
• Maryland Attorney General: Landlord/Tenant Rights & Responsibilities

---

1. Maryland Code, Real Property Title 8 - Landlord and Tenant
2. Montgomery County DHCA Rental Licensing & Occupancy
3. Baltimore City Housing Complaint System
4. Maryland District Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations