New Montgomery County Landlord rules may have you rethinking your downsizing plans. Downsizing means different things to different people. Perhaps you are going to sell your family home and move to a Bethesda condo. Perhaps you are going to spend your time in Florida or even on a cruise ship year-round but you don’t want to sell your home in Montgomery County. Renting it might seem like the perfect option and for many people it is. I believe in owning real estate as a part of a robust financial portfolio but being a landlord, even a downsized one, means being subject to certain rules and regulations. As of October 1, 2025, Montgomery County added some new rules which are summarized below.
Late Fees
What’s Changing?
The changes to Maryland statute Real Property §8-208 clarify how landlords may calculate late fees for unpaid rent. The law limits late fees to 5% of the unpaid rent balance, not the full rent amount. You might wonder how these new Montgomery County Landlord rules impact you!
What This Means for You:
- Old Rule (Ambiguous): Late fees could be calculated as 5% of the full rent—even if most of it was paid.
- New Rule (Clear): Late fees must be calculated as 5% of only the unpaid portion of rent.
Example: If rent is $1,000 and the tenant pays $800 on time, the late fee can only be 5% of the remaining $200 $10, not $50.
Weekly Rent Exception: For weekly rental agreements the maximum late fee is $3 per week and the monthly cap is $12.
Any lease clause that violates these limits is unenforceable. Tenants may recover damages and attorney’s fees if a landlord attempts to enforce an illegal clause.
Action Required:
- Review and update all lease agreements to reflect the new late fee calculation.
- Ensure your lease language refers to “unpaid rent” rather than “rent due.”
Eviction Notices
What’s changing?
Maryland law (Real Property §8–407) now requires landlords to provide tenants with at least six days’ notice before executing an eviction.
What This Means for You:
Landlords must notify tenants at least six days in advance of the scheduled eviction date after a warrant of restitution is issued. This applies to:
- Failure to Pay Rent
- Tenant Holding Over
- Breach of Lease
How to Deliver the Notice:
You must use all three of the following methods:
- First-Class Mail with a certificate of mailing
- Posting on the front door (with a date-stamped photo)
- Electronic Notice (email or text, if available)
What the Notice Must Include:
- Case number and tenant’s name
- Property address and eviction date
- Date the warrant was issued
- Tenant’s right to redeem (if applicable)
- Warning about loss of personal property
- Landlord’s contact information
- Statement that this is the final notice
New Court Forms Required:
To comply with the law, landlords must complete and submit:
- CC-DC-CV-123: Notice to Tenant of Pending Eviction
- CC-DC-CV-124: Affidavit of Notification
Download forms: Maryland Courts Website
Additional Notes:
- Landlords may charge up to $5 for notice delivery.
- Noncompliance may result in damages, attorney’s fees, or injunctions.
Landlord Entry
What’s Changing?
Maryland law (Real Property § 8–221) updates requirements for when and how landlords may enter leased premises, including provisions requiring written notice at least 24 hours in advance in writing.
What This Means for You:
Landlords must follow these provisions when entering leased premises:
- Permitted Entry: repairs, maintenance, renovations, inspections, showings, safety checks, government-ordered work, or in response to tenant requests.
- Entry Hours: 7:00 a.m. – 7:00 p.m., Monday–Saturday (other times require tenant’s written consent).
- Notice Requirement: at least 24 hours in writing, stating date, time, and purpose of entry. Delivery methods include mail, door notice, or electronic (with tenant consent and proof of transmission).
- Emergency Entry: no notice required if necessary to protect property, occupants, health, or safety.
- Tenant Consent: Tenants may agree in writing to allow entry with less than 24 hours’ notice.
- Tenant Rights: tenants may seek legal relief if landlords enter without notice or repeatedly make non-compliant entry demands. Courts may issue injunctions or award damages for breach of quiet enjoyment.
- Housing Code Violations: Tenants must allow access within 24 hours after reporting a violation.
- Landlord Liability: Landlords are responsible for violations committed by themselves or their agents.
If you have questions about how these new rules will affect you, then we should talk. Please give me a call at 240-401-5577 or email at lise@thelisehowegroup.com. Being a landlord in Montgomery County is not easy but it can be a great way to generate income in retirement!