Baltimore county maryland rental housing license

Brian Pendergraft is a general real estate attorney. Click here to schedule a consultation. Alleghany County Residential Rental Licensing. Anne Arundel County. Baltimore County Rental Housing Registration. Yes, in Westminster. Dorchester County. If the owner, tenant, or person in possession of a dwelling or dwelling unit refuses to permit entry for an inspection, the inspector may enter only if he has a properly issued warrant to enter.

Failure to comply with a notice to make repairs is a misdemeanor. Whenever the health officer of the Director of the Department of Environmental Protection finds that a public health emergency exists because of a rodent infestation that is likely to cause disease in human beings, either official may abate the condition without prior notice to the owner or occupant of the premises.

The owner or occupant of a building must not allow the building to be infested with insects, such as but not limited to cockroaches, fleas, and lice, which can spread disease to human beings. An owner must not allow mosquitoes to breed on the premises.

The purpose of the Livability Code is to protect public health, safety and welfare in the use and occupancy of dwellings; to set minimum standards for basic equipment and facilities and for safe and sanitary maintenance of residential structures and premises; and to define responsibilities of owners, operators, and tenants. The following applies to all residential structures used for human habitation except owner-occupied housing.

Generally, all premises in Baltimore County must be kept in a clean, safe, and sanitary condition and be free from infestation. The Code Official may enter a structure or premises with the permission of the tenant for the purpose of making an inspection or performing any other required duty under this Code. A Code Official may enter a property in order to conduct an inspection without permission of the owner or tenant if the Code Official believes that a violation of Subtitle 3 of the Code has occurred and the Code Official has a court order.

If a property owner, tenant, or operator of a structure refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises subject to an authorized inspection, the county may seek a court order for right of entry if there is probable cause to believe that a violation of the code exists in or on the premises.

The Code is to be liberally construed to protect public health, safety and welfare as they are affected by the use and maintenance of residential structures and premises. The Code applies to all residential structures used for human habitation except: owner-occupied single family units, and housing exempted by the Department of Community Development in accordance with state regulation. Repairs, alterations, etc. The provisions of the Livability Code do not impair the power of the county relating to demolition or removal of unsafe or unsanitary structures.

A waiver continues beyond the term of the current tenant. Any prospective tenant applying to lease the unit must be notified that a waiver has been granted for that unit and that occupancy will be subject to the waiver. A waiver will not supersede the state fire, elevator, or boiler laws.

Duties and powers of the Code Official; notices, inspections, emergencies, regulations. Upon giving notice to property owner and tenant, the Code Official may enter a structure or premises at any reasonable time to inspect and perform other Code duties. The Code Official may require and approve any alterations or repairs necessary to bring property up to Code standards.

When conditions are encountered which make an approved plan of repair impractical, the Code Official may approve changes in the field if the change is readily determined to be in compliance with the Code, and it is requested by the property owner of his agent before the change is implemented. A description of the change and the justification for it must be filed with the permit for the project. Any Code violation which the Code Official considers an emergency must be corrected by the property owner within 48 hours.

The time may be extended if the property owner shows that an effort to make repairs has begun, and if he shows a commitment to completing the repairs at the earliest possible time. A violation which is not an emergency must be corrected within 30 days of receipt of the notice of violation. If property owner, operator, or tenant obstructs entry or free access to any part of the premises or prevents or hinders an inspection, the County may seek an ex-parte order for right of entry. The County will need to present evidence that there is probable cause to believe that a Code violation exists in or on the premises.

After receiving a violation notice, the tenant must permit the owner or operator, their employees, etc. The tenant should be given notice prior to the entry. The Code Official must make reasonable efforts to coordinate inspections by his and other governmental agencies. He shall confer with other governmental officials in order to eliminate conflicting orders.

The Code Official may adopt regulations to carry out the provisions and the intent of this Code. When the Code Official finds that a structure or part of a structure is unsafe or unfit for human use or occupancy, he may order it: condemned; placarded boarded up and vacated. The structure or that part of the structure may not be reoccupied without approval of the Code Official. Unsafe equipment may also be condemned, placarded, and put out of use.

An unsafe structure is one that is damaged, decayed, dilapidated, structurally unsound, dangerous, or of such faulty construction or unstable foundation that the structure is likely to partially or completely collapse, or is a structure that does not provide minimum protection from fire. A structure is unfit for human occupancy or use if the structure is unsafe, unsanitary, has an infestation, contains filth or contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment.

Unsafe equipment may contribute to a finding that the structure is unsafe or unfit for human occupancy or use. Unsafe equipment includes a boiler, heating equipment, cooking equipment, electrical wiring, or other equipment on the premises which is in such condition that the Code Official finds it a hazard to the life, health, safety, or property of the tenants.

If the property owner fails to close or vacate the premises within the time specified in the order, the Code Official may close the premises. The cost will be a lien upon the property.

When a tenant is required to leave a structure because of an order to vacate or an order to make certain repairs required under this Code, the property owner must make prompt, reasonable, and good faith efforts to locate alternative housing of comparable affordability within a reasonable distance of the structure. A property owner may not displace or evict a tenant solely because tenant complained to the Code Official about an alleged Code violation.

A displaced tenant continues to be responsible for the same amount of rent which he paid immediately prior to displacement. Persons entitled to replacement housing are: tenants of the structure at the time the condemnation order or order to repair is issued, and any person who is required to leave the structure as a result of the order.

If the Code Official finds that a structure is unsafe or unfit for human use or occupancy, he may order it condemned, vacated, and boarded up or fenced. The structure may not be reoccupied without approval of the Code Official.

When the Code Official determines that a Code violation exists, or has reasonable grounds to believe that a violation exists, or has decided to condemn any equipment or a structure, notice is given to both property owner and tenant.

When a condemnation order is served and tenant must vacate the unit, he must be given reasonable time to leave, unless emergency conditions require him to leave immediately.

A property owner who has received a compliance order or a notice of violation may not lease, sell, mortgage, or otherwise dispose of the premises until: the provisions of the order or the notice have been complied with; or the property owner has given the lessee, buyer, or mortgagee, etc.

No one, tenant, property owner, or other, may remove or deface a posted notice without approval of the Code Official. These penalties are in addition to any other penalty provided by federal, state, or local law. Any person affected by a decision of the Code Official in enforcing this Code may request and may be granted a hearing. A court may consider a violation of the Livability Code by a tenant or landlord as evidence of a breach of the lease agreement between the tenant and landlord.

The property owner is required to maintain the exterior of a structure in good repair and in a sanitary condition so that the structure does not pose a threat to the health, safety, or welfare of the occupants. Supporting parts must be structurally sound, free of deterioration, and capable of safely bearing the dead and live loads imposed on them.

The foundation, roof, and all other exterior surfaces must be kept in good repair and in such condition as to keep out rodents and other pests. Foundation walls must be structurally sound, without unsafe cracks or breaks.

Exterior walls shall not have holes, breaks, loose or rotting boards or timbers, or any other condition by which rain or dampness could enter the interior. All exterior surface materials must be kept weatherproof and properly coated to prevent deterioration. Roofs must be structurally sound, without leaks, and with adequate drainage to prevent rainwater from causing dampness or deterioration in the walls or interior parts of the structure.

All external decorative features and all awnings, stairways, fire escapes, overhang extensions, etc. They must be protected from the elements and against decay and rust.

Exposed surfaces of metal or wood must be painted or weatherproofed. Exterior stair, porches, balconies, fire escapes, etc. Windows, doors, and their frames must exclude wind, and, as completely as possible, rain and rodents. Windows and doors must be weather tight and reasonably fit their frames.

Windows must not have cracks or holes. Windows used for ventilation or emergency escape must be easily opened from the inside and held in position by window hardware. From April 1 to December 1, tight-fitting insect screens must be supplied for every door, window, or other outside opening used for ventilation. However, the Code Official may exempt windows equipped with air conditioners, openings above the 4th floor, etc.

Each exterior door and its hardware must be kept in good condition. Locks on exterior doors to individual housing units must be in good repair and capable of tightly securing the door.

The interior of a structure must be kept in good repair, structurally sound, and in sanitary condition so that it does not threaten the health safety, or welfare of the occupants. Supporting structural members must be sound, free of deterioration, and capable of safely carrying the imposed loads. Interior surfaces - floors, walls, ceilings, windows, doors, etc.

Kitchen, bathroom, and toilet floors must be substantially impervious to water so that they may easily be kept sanitary. The interior must be clean and sanitary, with no accumulations of rubbish or garbage. Rubbish and garbage must be placed in temporary storage facilities, not allowed to accumulate or be stored in public halls or stairways. Structures must be free of rodent and insect infestations, and where infestations are found, the area must be promptly treated with an extermination process that is not harmful to human health.

Any door available as an exit must be easily opened from the inside. Interior stairs and railings and other exit facilities must be in sound condition and good repair so as not to be dangerous. The stairs must be safe to use and capable of supporting anticipated loads. The Code Official may require alterations or repairs that are necessary to bring a structure or premises into compliance with the Code. Upon being given notice, a tenant of a structure or premises must give the property owner or operator or the agent or employee of the property owner access at reasonable times to any part of the structure or premises for the purpose of making the inspection, maintenance, repairs, or alterations necessary to comply with the provisions of the Code.

Any repairs or alterations that are required by the Livability Code must be made in accordance with Baltimore County building codes and any other applicable laws. A property owner of a structure containing two or more housing units must maintain the common areas of the structures and premises in a clean and sanitary condition. Whenever any interior surface, such as walls, ceiling, trim molding, window frame, radiator, or banister, is in a deteriorated condition that presents a potential health hazard due to lead paint, the surface must be treated according to procedures established by the Baltimore County Department of Environmental Protection and Sustainability.

Unless it presents a potential biting surface for children, an intact surface in good condition need not be treated. Whether in good condition or deteriorated condition, all surfaces such as trim moldings, window frames, and banisters, which present a potential biting surface, must be treated according to established procedures established by the County Department of Environmental Protection and Resource Management. In place of the natural light and ventilation requirements of this Code, alternative arrangements or methods that meet minimum performance requirements for equipment will be permitted in order to comply with the Building Code.

All areas in a structure must be provided with sufficient light and ventilation so as not to endanger health and safety. The property owner shall provide sufficient natural light or equipment for artificial light must be provided to permit maintenance of sanitary conditions and to permit safe use of the area and of appliances, equipment, and fixtures.

Large properties — such as hotels and assisted living facilities — can be costly to license. Frederick and Washington Counties and some other counties do not require rental licenses for landlords. The state also requires certain actions from landlords, such as the registration of properties that may contain lead paint.

If you own a property built before , state law requires you to register the property, attempt to mitigate lead paint hazards, and inform tenants that lead may be present in the dwelling. Lusk Law, LLC specializes in assisting landlords, helping to avoid litigation when possible and actively representing our clients in court when litigation is necessary. Please call us at or fill out our contact form if you have any questions about licensing or other topics. As of October 1, , changes will be implemented that….

Baltimore County Rental License In Baltimore County, if your rental building contains six units or fewer , you must register each unit, and the fees vary, depending on whether you live in the building and how many tenants you have.