(a) A copy of each written lease form used by a landlord must be filed with the Director.
(b) Each landlord must give each prospective tenant a copy of the proposed lease. Prospective tenants must have the right to examine the proposed lease at any location the tenant chooses.
(c) The landlord must offer each lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to offer a different term.
(1) This subsection does not apply to:
(A) a rental unit located in a common ownership community if an applicable legal restriction prohibits a 2-year lease;
(B) an accessory dwelling unit;
(C) a mobile home under Section 29-66; or
(D) an individual living unit.
(2) As used in this subsection, reasonable cause means a situation in which a two- year lease would create undue hardship or expense for a landlord. Reasonable cause includes the sale of a dwelling unit if settlement is likely to occur within two years, a bona fide contract to sell the dwelling unit within two years, or a planned conversion to a condominium or cooperative within two years. If the landlord claims reasonable cause exists under this subsection, the landlord must attach to the lease a statement explaining the reasonable cause and advising the prospective tenant of the tenant’s right to challenge the cause by filing a complaint with the Department.
(3) The landlord must include the following statement in each lease, or as an addendum to an oral lease, and assure that it is signed and dated by the parties:
Montgomery County law requires each landlord to offer each prospective tenant a lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to do otherwise. The tenant may accept or reject this offer. Before signing this lease, the tenant confirms that (initial and date one option):
(A) The landlord offered me a two-year lease term and I accepted it.
(B) The landlord offered me a two-year lease term but I rejected it.
(C) The landlord gave me a statement:
(i) explaining why the landlord had reasonable cause not to offer me a two-year lease term; and
(ii) telling me that I can challenge the landlord's action by filing a complaint with the Montgomery County Department of Housing and Community Affairs.
(4) Nothing in this subsection precludes a landlord and tenant from negotiating a lease for a term longer or shorter than 2 years after the prospective tenant has been offered and has rejected a 2-year lease term.
(5) A complaint alleging a violation of this subsection must be filed not later than 180 days after the first day of the tenancy that is the subject of the complaint.
(d) Any lease term that contradicts this Chapter is not enforceable by the landlord.
(e) Before giving a notice of past-due rent, issuing a written quit and vacate notice, or beginning any judicial proceeding to regain the leased premises, a landlord must notify the tenant that general information and assistance regarding evictions are available from the Department.
(f) At the beginning of a lease term, each landlord must provide each tenant with a copy of the Landlord-Tenant Handbook unless the tenant signs a statement declining a hard copy and accepting referral to the Landlord-Tenant Handbook maintained on the County website.
(g) Unless the tenant is in breach of the lease, if a landlord does not intend to offer an existing tenant a renewed lease term, the landlord must give the tenant 60 days’ notice of the landlord’s intent to terminate tenancy at the lease expiration. (1972 L.M.C., ch. 27, §1; 1975 L.M.C., ch. 34, § 4; 1977 L.M.C., ch. 38, § 1; 1978 L.M.C., ch. 11, § 2; 1983 L.M.C., ch. 24, § 7; 1984 L.M.C., ch. 30, § 2; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1; , § 1; , §1.)
Editor's note—Section 29-28, formerly § 29-27, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. 1983 L.M.C., ch. 27, § 13, provides in part as follows: "The amendments to chapter 29 approved by this act shall be repealed and of no force or effect on or after March 8, 1985." This sentence was deleted by of 1985 L.M.C., ch. 40, § 1, thus giving the law permanent status.
Former Section 29-28, prohibiting retaliatory eviction, derived from 1972 L.M.C., ch. 27, § 1, and was repealed by 1978 L.M.C., ch. 11, § 2.
Provisions of a prior County ordinance which were similar to subsection (c) above were upheld in County Council for Montgomery County v, Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).
Editor's note—Former Section 29-28A, providing for removal, transportation and storage of evicted tenant's personal property, derived from 1975 L.M.C., ch. 34, § 5; 1978 L.M.C., ch. 11, § 2; 1983 L.M.C., ch. 24, § 8; 1984 L.M.C., ch. 24, § 32; 1984 L.M.C., ch. 30, § 2; 1985 L.M.C., ch. 40, § 1; 1995 L.M.C., ch. 17, § 1; 1996 L.M.C., ch. 13, § 1., and was repealed by 2000 L.M.C., ch. 32, § 1.
Provisions of a prior County ordinance dealing with evictions were held invalid as in conflict with state law in County Council for Montgomery County v. Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).
