Right of Possession
The landlord is required to make sure that the tenant can move into the leased premises at the beginning of the lease term.
If the landlord fails to provide tenant with possession at the beginning of the term:
- the tenant will not owe any rent until they take possession.
- the tenant may cancel the lease before taking possession by providing written notice to the landlord.
If the tenant cancels the lease, the landlord must return all money or property given as prepaid rent, security or deposit.
Whether the tenant terminates the lease or not, the tenant may collect from the landlord any consequential (resulting) damages suffered after notifying the landlord of the inability to move into the leased premises.
NOTE: The tenant has a duty to minimize losses. See the Mitigation of Damages section of the Breach of Lease article.
Read the Law: Md. Code, Real Property § 8-204
Right of Entry by Landlord and Tenant's Right to Privacy
The tenant has a reasonable right of privacy. A landlord does not have the right to enter the tenant's premises at any time and for any reason. If the landlord enters without following the rules, the landlord may be guilty of trespassing.
Landlords do have a right to enter for specific reasons, such as:
- making repairs, maintenance, modifications, renovations or improvements;
- inspecting the unit
- showing the unit to potential buyers, tenants, or contractors
- making sure the property and occupants are safe
- completing work ordered by the government, or
- responding to a tenant’s written request.
Except in an emergency, landlords must give at least 24 hours’ written notice before entering. The notice must include the date, time (approximate) and specific reason for entry. The notice can be sent by mail, posted on the door, or sent electronically (email, text, or tenant portal) if the tenant agrees.
Entry is limited to times between 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the tenant agrees in writing to another time. A tenant can also agree to allow the landlord to enter the premises less than 24 hours from receipt of notice. The tenant must do so in writing.
Emergencies -A landlord can enter without notice if there is an urgent threat to the property, to the health or safety of the tenant, or to others.
Read the Law: Md. Code, Real Property § 8-221.
Tenant Rights
If a landlord enters without following the notification and timing rules or makes repeated demands to enter that are in violation of the rules, a tenant may file an action in to court. The court can issue an injunction to stop the landlord from further violations and may award damages. Landlords are also responsible for the actions of their agents.
Tenant Responsibilities
If a tenant reports a housing code violation, the tenant must allow the landlord access within 24 hours after giving notice of the problem.
In Prince George's County: A landlord is required to give a tenant 24 hours notice before entering the premises except in cases of emergency. The landlord must enter during normal business hours or at a mutually agreed upon time. Read the Law: Prince George's County Code § 13-155