Rental Property Rules in Gaithersburg, MD

Gaithersburg maintains 95 local ordinances across all categories, and 4 of those deal specifically with rental property rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Gaithersburg falls on the strict-to-permissive spectrum compared to other cities.

Rental Registration

Every occupied rental housing unit in Gaithersburg must carry a valid, unrevoked license from the city manager. Owners must apply and pay a fee before renting the unit out, and the license must be renewed roughly every year with a new inspection.

Key details: License required for: Every occupied rental housing unit, §18AA-3. Application timing: Filed before unit is occupied. Application fee: Set by city council resolution. Renewal deadline: At least 90 days before expiration. Transfer: License transferable on application plus fee.

Renting an occupied unit without a valid license, or violating any Chapter 18AA licensing requirement, is a municipal infraction under Sec. 18AA-9, carrying a maximum fine for initial and repeat violations set by city council resolution, with the city also able to pursue an injunction or other court order.

Rent Increase Notice

Gaithersburg landlords may raise the rent only once every twelve months and must give tenants 90 days' written notice before the increase takes effect. The notice must spell out the old rent, the new rent, the percentage increase, and the tenant's right to ask the city to review it.

Key details: Notice required: 90 days' written notice before the increase. Frequency limit: One increase per tenant per 12 months. Extra notice trigger: 12+ unit buildings must copy the city manager. Legal basis for notice: Md. Real Property Art. § 8-209. Tenant remedy: Request city review of an excessive increase.

Raising the rent without the required 90-day written notice, or imposing a second increase within twelve months of the last one, is a violation of Chapter 13 that a tenant can raise as a complaint with the Commission on Landlord-Tenant Affairs; deliberately restructuring a lease to sidestep the notice requirement is separately barred as an anti-avoidance practice under Section 13-19. A confirmed violation can result in a commission order and, if the landlord does not comply within 15 days, referral to the city attorney for enforcement as a municipal infraction under Section 13-34.

Just Cause Eviction

Rental properties in Gaithersburg are subject to Maryland state eviction laws and Montgomery County tenant protections. Landlords must have a legally recognized reason to evict, such as nonpayment of rent, lease violation, or end of lease term. Montgomery County provides additional protections including mediation through the Office of Landlord-Tenant Affairs. Maryland law requires specific notice periods before filing for eviction.

Key details: Nonpayment Notice: Demand for payment before filing. Lease Violation: 30-day notice to cure (first breach). Holdover Notice: 60 days for 1+ year tenancy. Self-Help Eviction: Illegal under Maryland law. OLTA Mediation: 240-777-0311.

Landlords who attempt to evict without proper notice or legal cause may have their cases dismissed by the District Court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal under Maryland law and can result in damages of up to three months rent plus attorney fees. Retaliatory evictions are prohibited and may result in tenant counterclaims.

Repairs & Habitability

Gaithersburg landlords must keep rental units clean, sanitary, and in good repair, maintain electrical and plumbing systems, and supply adequate heat and hot water at all times under Chapter 13. Tenants can file a habitability complaint with the city's Commission on Landlord-Tenant Affairs if a landlord will not fix a problem.

Key details: Core duties: Repairs, sanitation, working utilities, heat and hot water. City response deadline: 48 hrs (emergency) / 72 hrs (non-emergency). Complaint body: Commission on Landlord-Tenant Affairs. Max damages award: $2,000 per affected dwelling unit. Compliance grace period: 15 days after a commission order.

A landlord who ignores a commission order has 15 calendar days after service to make a bona fide effort to comply before the matter is referred to the city attorney for enforcement as a municipal infraction under Section 13-34, with each day of continued noncompliance a separate offense and the per-infraction amount set by city council resolution. Retaliating against a tenant for filing a habitability complaint, including eviction, harassment, or a service reduction, is separately prohibited under Section 13-19.

The Bottom Line

Gaithersburg's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gaithersburg is broadly strict or permissive.

All of the above reflects Gaithersburg's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.