Permitting, Zoning, or Statutory Basis
Baltimore landlords are subject to both state and local ordinances that govern various aspects of property management. The primary statutes include the Maryland Real Property Law (Title 12, Subtitle 3) and Baltimore City Code. Local ordinances supplement these state laws by providing more specific rules and procedures.
Nuisance Ordinance
Baltimore’s Nuisance Ordinance (BALTIMORE, MD, CITY CODE § 43-3) authorizes the City to abate nuisances that affect property values or public health and safety. This ordinance defines what constitutes a nuisance, such as illegal conduct related to property, sexually-related conduct, violent conduct, drug-related conduct, weapons violations, gang-related conduct, disturbances, and gambling.
Citation: BALTIMORE, MD, CITY CODE § 43-3
Disorderly Conduct and Nuisance Activity
The City Code also defines disorderly conduct (BALTIMORE, MD, CITY CODE § 43A-1(c)(1)(i)-(ii)) and nuisance activity (BALTIMORE, MD, CITY CODE § 43-1(l)(1)). These provisions outline the types of conduct that can lead to nuisance abatement, including repeated occurrences within specified timeframes.
Citation: BALTIMORE, MD, CITY CODE § 43A-1(c)(1), BALTIMORE, MD, CITY CODE § 43-1(l)(1)
Frequency of Nuisance
The frequency for a “neighborhood nuisance” is two or more occasions within six months, while for a “public nuisance,” it is two or more occasions within 24 months (BALTIMORE, MD, CITY CODE § 43A-1(c), BALTIMORE, MD, CITY CODE ART 19, § 43-1(l)).
Citation: BALTIMORE, MD, CITY CODE § 43A-1(c), BALTIMORE, MD, CITY CODE ART 19, § 43-1(l)
Lease Clauses, Notice Periods, and Timing Requirements
Baltimore landlords must include specific clauses in their leases to ensure compliance with local ordinances. These clauses typically address eviction procedures, notice requirements, and the timing of certain actions.
Eviction Notice Requirements
Under Baltimore City Code § 16-20, landlords must provide tenants with a formal eviction notice before filing an eviction lawsuit. The notice period varies depending on the reason for eviction, such as non-payment of rent or violation of lease terms.
Citation: BALTIMORE, MD, CITY CODE § 16-20
Notice Periods for Violations
For non-payment of rent, landlords must give tenants a 7-day notice before filing an eviction lawsuit (BALTIMORE, MD, CITY CODE § 16-20). For lease violations, the notice period is typically 3 days (BALTIMORE, MD, CITY CODE § 16-20).
Citation: BALTIMORE, MD, CITY CODE § 16-20
Defensible Record-Keeping & Compliance Checklist
Maintaining accurate records is crucial for Baltimore landlords to avoid legal disputes and ensure compliance with local ordinances. Here’s a checklist of essential records and requirements:
Required Records
- Lease Agreements: Maintain copies of all lease agreements signed by tenants.
- Eviction Notices: Keep records of eviction notices sent to tenants, including dates and reasons for eviction.
- Tenant Payments: Maintain records of all rent payments received, including dates and amounts.
- Maintenance Requests: Document any maintenance requests made to tenants and the actions taken by the landlord.
- Tenant Complaints: Record any complaints received from tenants and the actions taken to address them.
- Rental Registration: Keep records of rental registration forms completed by tenants.
Compliance Checklist
- Regular Inspections: Conduct regular property inspections and document any issues found.
- Tenant Screening: Verify tenant backgrounds before leasing properties.
- Security Deposit Accounting: Ensure security deposits are accounted for in accordance with security deposit accounting rules.
- Eviction Proceedings: Follow proper procedures for eviction, including providing tenants with notice and filing an eviction lawsuit when necessary.
- Maintain Compliance: Stay updated on any changes to local ordinances and ensure compliance with all requirements.
By following these guidelines, Baltimore landlords can maintain a compliant and defensible property management practice.