Tenant Application

Landlords must comply with Rental Property Federal, State, and local laws, including laws pertaining to non-discrimination, lease agreements and security deposits. Additionally, property owners must ensure their property is in compliance with all zoning, housing, building, fire, and other applicable safety laws. Open all sections | Close all sections

Obtain a Rental Housing License

In Montgomery County, if you are planning to offer a housing unit for rent (i.e., a condominium, single-family home, accessory dwelling unit or apartment in a multi-family building), you must first obtain a rental facility license from DHCA, Licensing and Registration. Learn more: www.montgomerycountymd.gov/dhcalicensing.

Do Not Discriminate

Landlords may not discriminate based on race, color, national origin, religion, sex, marital status, physical or mental disability, presence of children, ancestry, source of income, sexual orientation, or age*. For more information about federal and state non-discrimination laws, see “ Laws Against Housing Discrimination” and Landlord-Tenant Handbook p. 6-7. Note: Exceptions apply for "senior buildings' or Housing for Older Persons. The Secretary of HUD must designate the property to assist elderly persons (as defined in the state and federal program) and must be intended for and solely occupied by persons 62 years of age and older or 55 years of age or older.

Ensure Compliance with Housing Code Standards

Each landlord must reasonably provide for the maintenance of the health, safety, and welfare of all tenants and all individuals properly on the premises of rental housing. For more information see: Housing and Building Code Enforcement Handbook and Housing and Building Maintenance Standards - Regulations.

Ensure Compliance with Fire Safety Standards

What Fees Can I Charge?

• Application Fees
  A landlord is allowed to charge a prospective tenant a non–refundable application fee. State law requires landlords with four or more dwellings at one site to place a statement on the application form notifying tenants that:
  • if a landlord takes any fees from a prospective tenant (other than a security deposit) that exceed $25.00, the landlord must return the fees or be liable for twice the amount of those fees in damages;
  • the money must be returned within 15 days after receiving written notice from either party that no tenancy will take place; and
  • the landlord may only keep those fees used for a credit check.
  • Trash fees cannot be required in multifamily dwellings in Montgomery County. If "valet" trash pick-up is offered, it MUST be optional.
  • Recycling is considered a sub-set of trash collection and as such, a fee for its removal cannot be charged.
  • In single-family rentals NOT located in a County trash collection district, a tenant can be required to pay trash collection charges.

  What must be included in a Rental Application Packet?

  Every rental application packet must include the Lease, Lease Summary and Criminal History Addendum. Any property built prior to 1978 must include the required Lead Paint documents in the packet. Further, any multifamily apartment property must include the Window Guard Addendum. Below is information on each.

  Lease

  DHCA provides model leases that landlords can use for their rental properties. These leases comply with all applicable State and County Landlord-Tenant laws and DHCA encourages their use to protect the tenant’s and landlord’s rights

  • Single-Family English (PDF)
  • Apartment/Condominium English (PDF)
  • Accessory Apartment English (PDF)
  • Room Rental English (PDF) | Spanish (PDF)

  Lease Summary

  The Montgomery County Code requires that all licensed landlords attach the Lease Summary to each new lease. The summary defines the key terms of the lease, summarizes tenant rights and responsibilities, and provides information about services available to tenants from the Montgomery County Department of Housing and Community Affairs (DHCA).

  Criminal History Addendum

  Landlords are required to include the “ Addendum to Rental Application: Criminal History and Background Screening form” in the rental application packet, to be acknowledged by the applicant. The form spells out the tenant protections regarding criminal background checks and limits on changes during the application process. For more information on this form, contact the Montgomery County Office of Human Rights at 240-777-8450.

  Lead Paint Documents

  If a property was constructed prior to 1978, the landlord must include the documents listed below with the lease agreement. In addition, the landlord must do lead testing between each tenancy. Contact the Licensing and Registration unit, via MC311, at 311 (or 240-777-0311) for more detailed information regarding this requirement.

  • Lead Paint Addendum (PDF)
  • Notice of Tenant’s Rights (PDF)
  • Protect Your Family From Lead In Your Home English (PDF) | Español (Spanish) (PDF)

  Window Guard Addendum

  Effective January 1, 2022, Chapter 29 requires all multifamily landlords to place window guards at all openable windows above the ground floor if you have children under 11 years old or on request. A Window Guard Addendum must be included at every lease signing, lease renewal and notice of rent increase. This information must be included in every lease.

  Radon Addendum

  Sample Radon Addendum (PDF)

  
  Beginning on July 1, 2023, Montgomery County requires radon testing for multifamily (including condominiums) and single-family rental housing as well as disclosure and mitigation of radon hazards above a certain action level.

  It applies to all ground-contact or basement units of a residential rental in a single-family home or multifamily dwelling unit including condominiums.

  The landlord must conduct a radon test before leasing a unit to a prospective tenant having been performed within three years before the date of the lease. The landlord is responsible for the cost of testing.

  For New Leases (including Lease Renewals)
  At the time of the lease signing, the landlord must provide the tenant and certify in the lease or in an addendum to the lease the following-

  • A copy of radon test results indicates any concentration of radon is below the EPA's recommended action level
  • The test was performed less than three years before the date of the lease
  • A copy of the EPA's pamphlet is available through electronic link or by hard copy if requested by the tenant

  
  Existing Tenants
  An existing tenant may conduct a test or hire a professional to do so. If the test results indicate that a radon hazard is present at a level of 4 pCi/L or higher the tenant must, within 14 days, notify the landlord in writing and provide a copy of those test results. The landlord must perform a follow up test in accordance with EPA standards. Within 90 days after a confirmed test, the landlord must mitigate the premises to reduce radon below the action level of 4 pCi/L and provide the tenant with a final copy of third-party professional test results.

  In the case of an existing tenant with a positive reading in excess of 4 pCi/L, the tenant has the right to terminate a lease if the landlord fails to mitigate under subsection F without loss of security deposit or any other financial penalty.

  A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing.

  References Checks, Credit History, etc.

  • Reusable Tenant Screening Report
    • You may ask Prospective tenants to provide, at no cost to you, a “Reusable Tenant Screening Report.” Learn more about this screening approach.
    1. Landlords must make payment to SafeRent Solutions directly and all payments must be made by credit card.
    2. Landlords who do not have access to a computer may come to DHCA at 1401 Rockville Pike, 4th Floor, Rockville, MD and use the computers in the reception area.
    3. For more information regarding SafeRent Solutions, call 1-800-811-3495. If a Landlord has problems navigating the Access MCG website, they can call 240-777-0311 and ask to speak with someone in Licensing and Registration. This is not a required step in the process.
    • Note: Tenants who are rejected based on information contained in a SafeRent Solutions report can obtain a copy of their report, free of charge, by calling SafeRent Solutions at 1-800-811-3495.
    • Be sure to follow the requirements outlined in: Addendum to Rental Application: Criminal History and Background Screening form (PDF).

    For more information, see the Landlord-Tenant Handbook. If you have questions, contact DHCA Office of Landlord-Tenant Affairs by calling 311 (240-777-0311).