Gaithersburg, MD Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- 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
Summary
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.
the landlord, at all times, shall reasonably provide for the maintenance of the health, safety and welfare of all tenants and of all individual property on the premises of a rental facility which obligations shall include, but not be limited to, the following: ... (2)Keeping all areas of the building, grounds, facilities and appurtenances in a clean, sanitary and safe condition.(3)Making all repairs and arrangements necessary to put and keep the dwelling unit and the appurtenances thereto in as good condition as they were, or ought by law or agreement to have been, at the commencement of tenancy.(4)Maintaining all electrical, plumbing and other facilities and conveniences supplied by the landlord in good working order....(6)Supplying water and hot water as reasonably required by the tenant and supplying adequate heat (as provided by the City Code).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
Section 13-17 lists the landlord's minimum obligations for every rental facility in the city, except where a single-family lease shifts a specific duty to the tenant. Landlords must comply with every applicable federal, state, and city law governing the dwelling's condition, keep common areas and grounds clean and safe, make repairs needed to keep the unit in as good condition as it was at the start of the tenancy, keep electrical and plumbing systems in good working order, provide trash and garbage removal, supply water, hot water, and adequate heat as required by the City Code, and not interfere with a tenant's quiet enjoyment of the unit.
A 2024 amendment, Ordinance O-7-24, added a response-time duty: a landlord must respond to written city communications about a defective tenancy within 48 hours for an emergency and 72 hours otherwise. Complaints run through Article IV: a tenant files with the director, the director first attempts conciliation under Section 13-27, and if that fails the Commission on Landlord-Tenant Affairs holds a public hearing under Section 13-30, with the hearing held between 7 and 30 days after the respondent is served. If the commission finds a defective tenancy, Section 13-33 lets it order lease termination with return of rent and deposit, an award of actual damages up to $2,000 per unit, payment for temporary substitute housing, and revocation of the rental license for the unit if the condition threatens tenant health or safety.
Violations & Fines
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.
Frequently Asked Questions
What must a Gaithersburg landlord fix under the habitability rule?
How do I file a habitability complaint in Gaithersburg?
Can my landlord evict me for reporting a habitability problem?
Sources & Official References
Other rules in Gaithersburg
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How other cities in Montgomery County handle repairs & habitability.