§ 7-3. Information required.

(a) In general.

(1) Each residential lease must contain the following information:

(i) the name, residence address, and residence telephone number or the name, business address, and business telephone number of the owner of the property, or

(ii) the name, residence address, and residence telephone number or the name, business address, and business telephone number of an agent of the owner who is authorized to receive court process on behalf of the owner in connection with the property.

(2) Any owner who is not customarily present in an office in the metropolitan Baltimore area must include in the lease the information required above for an agent authorized to receive court process on behalf of the owner.

(a-1) Payment for water and wastewater services.

(1) Any property owner or managing operator who requires that a tenant pay the costs of water or wastewater services, whether directly to the Department of Public Works or as reimbursement to the owner or managing operator, shall include that requirement in an express provision of a written lease.

(2) The lease shall include a provision that the landlord makes the tenant a designee under Maryland's Public Information Act to request and to receive copies of any account records for the water or wastewater account at issue.

(3) Whenever a landlord requires the tenant to reimburse the landlord for allocated costs of water or wastewater service, the lease required by this subsection shall also:

(i) describe the calculation method used by the owner or owner's agent to allocate the cost of water and wastewater services to the tenant; and

(ii) specify the average monthly allocated costs of water and wastewater services for the leased dwelling unit or rooming unit in the 12 months preceding execution of the lease or renewal of the lease.

(a-2) Late fees.

(1) "Government benefit" defined.

In this subsection, "government benefit" means:

(i) temporary cash assistance or other assistance described in Title 5 of the State Human Services Article;

(ii) supplemental security income;

(iii) social security disability income;

(iv) unemployment insurance benefits;

(v) Veteran's Administration benefits;

(vi) social security benefits; or

(vii) assistance from any other similar federal, state, or City government benefits program.

(2) Scope of subsection.

This subsection does not apply to leases for public housing administered by the Housing Authority of Baltimore City.

(3) In general.

A residential lease shall include a provision that the landlord may not apply late fees to the rent until the tenant is more than 10 days past due with the rent.

(4) Additional late fee provisions.

In addition, a residential lease that includes a provision permitting a landlord to apply a penalty for the late payment of rent must include a provision that prohibits a landlord from applying a penalty fee for late payment of rent until:

(i) the tenant's payment of the rent is more than 10 days late; or

(ii) the tenant has received the tenant's regularly scheduled government benefit disbursement if the tenant has previously provided the landlord with written notice that shows the day of the month the government benefit is normally issued or mailed is later than the day on which the rent is due.

(b) Changes.

(1) Within 10 days of a change in any information required by subsection (a) of this section to be contained in a lease, the property owner must notify the tenant of the change.

(2) The notice must be sent to the tenant by first class mail.

(1) Along with the copy of the lease required to be given to the tenant by § 7-2 of this subtitle, the tenant must be given a copy of a tenants rights brochure approved by the Housing Commissioner that discusses:

(i) free or reduced price legal representation available to tenants;

(ii) pre-trial and day of trial mediation programs available to resolve landlord-tenant disputes; and

(iii) a tenant's right to know the amount of rent that is in arrears.

(2) A tenant must also be given a copy of the brochure required by paragraph (1) of this subsection:

(i) at the time that a lawsuit is commenced by the owner or landlord against the tenant;

(ii) if the Baltimore City Sheriff's Office is used to serve a summons and complaint by the landlord seeking eviction, including for summary ejectment, tenant holding over, or breach of lease, at the time that the summons and complaint are served on the tenant; and

(iii) at the time that the Housing Authority of Baltimore City sends a notice to terminate a tenant's subsidy or tenancy.

(Ord. 23-275 Section 1; Ord. 21-014; Ord. 20-465; Ord. 20-336; Ord. 19-332; Ord. 18-137; Ord. 13-175; Ord. 02-475; Ord. 81-290.)

Prior Codifications

City Code, 1976/83, art. 13, §56(b)

Cross References

Article 13, § 7-7

Article 24, § 2-1(d)(1)

Editor's Notes

Subsection (a-1) was enacted on January 13, 2020, by Ord. 20-336 {“Water Accountability and Equity Act”). For the effective date of this subsection, as more recently set by Ord. 20-468 {“Water Accountability ... Act – Modifications”}, see Editor’s Note in City Code Article 24 {“Water”}, at the end of that article’s Subtitle 2 {“Bills”} – especially the quotes there from Ord. 20-468, Sections 4 and 5(b).

Subsection (a-2) was enacted by Ordinance 21-014 {“Late Fees for Past Due Rent ”}, with an effective date of April 30, 2021. Section 3 of Ord. 21-014, however, specifies that “this Ordinance shall only apply prospectively to new leases and shall have no retroactive effect on leases entered into prior to the effective date of this Ordinance”.

In conjunction with its enactment of Subtitle 6A, Ordinance 20-465 also amended this § 7-3(c), subject to the same delayed effective date of April 1, 2021.