Articles

New Requirement in Maryland to Provide Notice of Increases

Date: September 21, 2023
During the most recent Maryland legislative session, House Bill 151 “Real Property- Residential Leases- Notification of Rent Increases” was adopted which requires landlords to provide notification of rent increases to tenants. Cooperative housing corporations are perceived as landlords under the law. In addition, a condominium association or homeowners association that assumes a lease to a property either through foreclosure or some other means, can also be considered a landlord. As such, this law, which is effective October 1, 2023, is applicable to community associations.

The new law requires that before increasing the tenant’s rent, the tenant be notified of the increase by first-class mail with a certificate of mailing, or, if elected by the tenant, by electronic delivery in the form of an email, text message or through an electronic tenant portal. If notice is delivered electronically, the landlord must maintain proof of transmission.

Regarding timing of the notice, for any tenancy for a term of more than one month, there must be at least 90 days advance notice. For any tenancy for a term or more than one week, but not more than one month, there must be at least 60 days’ notice of a rent increase. If a tenancy is for a term of a week or less, there must be at least 7 days advance notice if there is a written lease, or 21 days advance notice if there is no written lease.

The notice requirements under this law do not supersede local laws or regulations that may provide for additional notice or provide tenants with additional protections. There are also limited exceptions to this new law, including exempting notice of a rent increase in situations where a landlord, as required by law, has provided written notice of intent to terminate a tenancy.

This new law also establishes reporting requirements for local jurisdictions with laws limiting rent increases.

For more information on this new law, please visit the Maryland General Assembly page. 
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.