Both the landlord and tenant should take mold seriously, as no rental property is safe from its potential outbreak. It can arise from a neglected spill, malfunctioning plumbing, or even a poorly aimed lawn sprinkler.

According to Maryland law landlords from all regions are required to provide a safe and habitable apartment. Also, any company that provides mold remediation services on residential property in Maryland must have an appropriate license to perform such activity.

In this article, I will try to bring you the details about the rights and obligations of the tenants and owners in Maryland State.

Resource: See the full list of mold laws by state here

Maryland tenants have two strategies at their disposal that are recognized by the courts and that they can pursue following a mold outbreak in their apartment or rental home. Those two strategies are “rent withholding” and “repair and deduct”.

Rent withholding

The title itself says what it is about. Tenants, in case of mold, can stop paying rent, claiming the mold has made their apartment uninhabitable. Regardless of what may appear in the rental agreement, all landlords in Maryland are bound by the “implied warranty of habitability”, a doctrine that requires providing tenants with apartments in a livable condition.

Repair and deduct

The “repair and deduct” strategy allows tenants to conduct mold remediation and clean-up on their own and deduct the costs from future rents.

Maryland mold removal laws landlord

Landlord responsibilities for mold in Maryland

Currently, there is no federal law in Maryland State that governs landlord responsibilities when it comes to mold. Also, Maryland does not have a law that concisely states that the owner is solely responsible for mold and its removal.

If the tenants believe and can prove they have been harmed by the mold presence in their apartment or rental unit, they can try to recover damages from their landlord in court for their losses.

The landlord will be held responsible if the judge can prove that the landlord negligently created a mold problem or allowed one to grow on a property.

Mold disclosure laws in Maryland

Maryland does not have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers.

It is important to know what is expected of you as a seller of real estate property that has or previously had mold damage. While you may be concerned about the negative repercussions of disclosing the presence of mold in the property, it is always better, and in this case more legal, to make sure any potential buyers are aware of the situation.

Potential tenants will respect the honesty, and feel safe knowing that professionals have cleaned up the mold problem.