Owning a rental property in Montgomery County has never been a passive investment, but in recent years, the landlord laws have changed significantly. The county has steadily rolled out some of the strictest habitability and tenant protection laws in Maryland.
Today, Montgomery County expects landlords to meet a no-exceptions standard when it comes to safety, maintenance, and compliance. This shift comes with real consequences for landlords.
Even a single unresolved code violation can block your ability to raise rent, delay lease renewals, or trigger scrutiny from county inspectors.
At Mainstay Management, we see this shift clearly. Staying compliant in Montgomery County is no longer just about making repairs. It’s about anticipating inspections, understanding local statutes, and staying ahead of evolving requirements.
In today’s regulatory environment, a proactive local property management partner isn’t a luxury. It’s a critical layer of protection for your investment.
Habitability and Maintenance: The “No-Excuses” Standard
Montgomery County’s approach to habitability can be summed up in one phrase: safety comes first, always.
The county no longer treats maintenance issues as gray areas of judgment calls. Instead, it enforces a clear, measurable standard that landlords are expected to meet consistently.
Life Safety First
Smoke detectors and carbon monoxide alarms are a prime example of these new habitability laws. Missing batteries, expired units, or improperly installed detectors are no longer seen as minor oversights. They’re treated as life-safety violations, which means shorter correction windows and higher scrutiny during follow-up inspections.
For landlords, this means you can’t wait until a tenant reports an issue or a lease turnover to address these alarms.
The Infestation Threshold
Pest control is another area where Montgomery County draws a hard line. The county uses a specific metric: if 20% or more of units in a building show signs of infestation, the issue is no longer considered isolated. This can trigger building-wide enforcement actions and escalating penalties.
This is where many landlords are caught off guard. One unresolved complaint can quickly escalate into two or three, pushing a property over that threshold. In this case, inspections expand, timelines shorten, and costs rise quickly.
Mold and Moisture Response Requirements
Mold and water intrusion have also moved to the top of the county’s enforcement priorities. Montgomery County now expects landlords to act quickly and decisively when moisture issues are reported. Temporary fixes aren’t enough.
Delays, whether caused by vendor scheduling or underestimating the severity of the problem, can turn a maintenance issue into a formal code violation. And once a violation is on record, it can affect everything from inspections to rent increases.
The Rent Stabilization Trap
Rent increases in Montgomery County are no longer a straightforward annual decision. Under the county’s rent stabilization laws, most landlords are limited to an increase of 2.7% or 5.7% for regulated units, plus the Consumer Price Index (CPI), calculated annually and published by the county.
But the real risk isn’t the cap itself; it’s what can prevent you from using it at all.
Montgomery County enforces what many landlords now refer to as a “habitability freeze.” If your property has unresolved code violations, you are legally barred from applying even an otherwise allowable rent increase.
For landlords operating on thin margins, this can quickly impact cash flow. This can put them in a difficult position due to continually rising insurance, utility, and contractor costs.
There are limited exceptions, though. The county offers a “Fair Return” petition process, which allows landlords to request higher increases when operating costs exceed allowable rent growth. However, the process is documentation-heavy, time-consuming, and subject to close review.
New Tenant Protections and Rights to Counsel
Tenants receive significantly expanded protections, which have reshaped how eviction cases play out in local courts.
Some of the most impactful new tenant protections in MoCo include:
- Right to Counsel – Eligible tenants are provided with legal representation during eviction proceedings, increasing scrutiny on landlord filings
- Mandatory Tenant Rights Disclosure – Landlords must post approved Tenant Rights notices in common areas and include them in every lease packet.
- Expanded Notice Requirements – Certain notices must follow precise language and delivery methods to be considered valid.
- Zero Tolerance for Missing Forms – A single missing or incorrect disclosure can result in an eviction case being dismissed immediately.
This last point is where many landlords get caught off guard. Even when rent is unpaid, or lease violations are clear, a technical paperwork error can force you to restart the process from scratch—costing time, legal fees, and months of lost rent.
The “Troubled Property” List: How to Avoid the Blacklist
Montgomery County uses a formal scoring system to identify high-risk rental properties. The Department of Housing and Community Affairs (DHCA) tracks Total Violations (TV) and Severity (SV) scores to flag properties that show repeated or serious compliance issues. Once a property is designated “troubled,” the consequences escalate quickly.
Troubled properties are subject to mandatory 100% unit inspections every year, increased oversight, and stricter enforcement timelines. To regain compliant status, landlords must work with DHCA to implement a Corrective Action Plan (CAP) and demonstrate sustained improvement.
Avoiding this list requires proactive compliance—not reactive repairs.
Keep Your Montgomery County Rental Property Compliant with Changing Laws
Rental property compliance in Montgomery County is no longer optional. It’s absolutely necessary. The most successful landlords don’t wait for inspections to uncover problems; instead, they take a proactive approach to property management.
At Mainstay Property Management in Montgomery County, our years of local experience and up-to-date knowledge of habitability laws, rent stabilization rules, and DHCA enforcement practices help protect both your cash flow and long-term investment.
Don’t let a code issue put your revenue at risk. Contact Mainstay Management to discover how we can help you enhance compliance and stay on track for a profitable year.
If you found this article helpful, make sure to read “Montgomery County Landlord’s Guide to Security Deposits for Rental Properties.”