Understanding Vacancy Decontrol for Maryland Renters

Renters in Maryland often ask what happens to rent prices when a tenant moves out of a rent-controlled unit. The term for this process is “vacancy decontrol.” If you're navigating rent increases or changes to your lease, understanding how vacancy decontrol works—and where it applies—can help you better protect your rights.

What Is Vacancy Decontrol?

Vacancy decontrol refers to the rules that determine whether a landlord can set a new market rent for a unit after the current renter leaves. In some areas, when a renter moves out of a rent-controlled apartment, the unit is either still governed by rent restrictions or it is "decontrolled," meaning the landlord can charge future tenants a higher rent. These rules help balance tenant protections with the housing market's realities.

Is Rent Control Statewide in Maryland?

Maryland does not have statewide rent control. Rent stabilization and rent control policies are enacted only in select cities or counties, such as Takoma Park. This means most Maryland renters are not subject to rent control or vacancy decontrol rules, but if you rent in a jurisdiction that has these policies, you benefit from extra protections.

Takoma Park: Maryland's Key Example

Takoma Park is the only city in Maryland with a formal rent stabilization law. If you live in a Takoma Park rent-stabilized building, your annual rent increases are limited based on a city-published Rent Stabilization Allowance, which is tied to changes in the Consumer Price Index (CPI). Learn more from the Takoma Park Housing & Community Development Department.

How Vacancy Decontrol Works in Takoma Park

In Takoma Park, the city’s rent stabilization law does allow for a form of partial vacancy decontrol. Here’s what that means for renters:

• When a rent-stabilized unit becomes vacant, the landlord can apply for a vacancy increase—a one-time allowed rent adjustment for a new tenant entering the unit.
• This increase must be approved by the City and follows the procedures set by the Takoma Park Rent Stabilization Program.
• After the vacancy increase, the regular annual rent increase limits apply again for future years.
• Landlords must submit the correct forms and get approval before increasing rent due to vacancy.

Other counties and cities in Maryland, including Baltimore and Montgomery County, do not currently have rent control or vacancy decontrol rules as of this year, but temporary emergency measures may sometimes apply. Always check your local government’s housing department for updates.

Relevant Forms in Takoma Park

• Rent Stabilization Allowance Report (RSA)
  When Used: Landlords use this form to demonstrate compliance with allowable rent increases including vacancy adjustments.
  Example: If you are moving into a rent-stabilized unit and the landlord says the rent is higher than it was for the previous tenant, ask to see the City’s approval or the RSA that reflects the new rent.
  Access the Takoma Park Rent Stabilization Allowance Report
• Vacancy Increase Application (no official form number)
  When Used: Landlords must submit this to the city for approval in order to raise the rent on a vacant, rent-stabilized unit above the annual allowance limit.
  Example: If you’re told your rent is higher than the previous tenant’s, ask whether a Vacancy Increase Application was approved.
  Takoma Park Rent Stabilization – Forms and Info

Which Tribunal or Board Handles Disputes?

For rent-controlled properties in Takoma Park, disputes and complaints are managed by the Takoma Park Department of Housing & Community Development. Renters may request rent review or file a complaint with this office.

Maryland Tenancy Legislation

The main state law governing landlords and tenants is the Maryland Code, Real Property Title 8 (Landlord and Tenant). However, Takoma Park’s rent control ordinance (Takoma Park Code Sec. 6.16) specifically regulates rent stabilization and vacancy decontrol in that city.

FAQ: Maryland Vacancy Decontrol and Rent Control

1. Are all Maryland renters protected by rent control?
   No, only renters in Takoma Park are protected by local rent stabilization rules. Most Maryland municipalities do not have rent control.
2. Can my landlord raise the rent as much as they want after I move out?
   In most of Maryland, yes. However, in Takoma Park, landlords can only raise rents above the standard allowance after City approval via a vacancy increase.
3. How do I know if my building is rent-controlled?
   Check with your city or county housing department. In Takoma Park, contact the Department of Housing & Community Development.
4. How do I file a complaint about an unlawful rent increase?
   Contact the local tribunal, such as the Takoma Park Department of Housing & Community Development, to file a complaint or request a rent review.
5. Where can I find official forms for rent stabilization?
   Visit the Takoma Park Rent Stabilization Program Forms page.

Key Takeaways for Maryland Renters

• Vacancy decontrol rules only exist in places like Takoma Park; most Maryland renters are not protected by rent control or vacancy decontrol provisions.
• If you’re in a rent-stabilized unit, ask landlords for proof of any approved increase following a vacancy.
• Contact your local housing agency if you suspect your rent increase is not allowed.

Understanding your rights can help you negotiate fairly and avoid unexpected rent hikes.

Need Help? Resources for Renters

• Takoma Park Department of Housing & Community Development – Handles rent disputes, stabilization info, and complaints within Takoma Park.
• Maryland Code, Real Property Title 8 Landlord-Tenant Laws – Statewide rental legal protections.
• Montgomery County Office of Landlord-Tenant Affairs – General advice for renters in Montgomery County (note: no rent control as of this year).

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1. Takoma Park Rent Stabilization Program
2. Takoma Park Code, Section 6.16—Rent Control
3. Maryland Code, Real Property Title 8
4. Takoma Park Department of Housing & Community Development

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