Skip to main content
CityRuleLookup

Gaithersburg, MD Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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).

View official 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?
Section 13-17 requires landlords to keep the building, grounds, and common areas clean and safe, keep electrical and plumbing systems in good working order, make repairs needed to return the unit to its condition at move-in, and supply water, hot water, and adequate heat at all times, except where a single-family lease assigns a specific duty to the tenant.
How do I file a habitability complaint in Gaithersburg?
File with the city's Commission on Landlord-Tenant Affairs director under Article IV of Chapter 13. The director first tries to conciliate the issue informally; if that fails, the commission schedules a public hearing, held 7 to 30 days after the landlord is served, and can order repairs, damages up to $2,000, or lease termination.
Can my landlord evict me for reporting a habitability problem?
No. Section 13-19 bars retaliatory action, defined to include eviction, threat of eviction, privacy violations, harassment, or an unauthorized reduction in services, against any tenant who exercises rights under Chapter 13 or helps another tenant exercise those rights, and a proven retaliation finding can add an attorney's fee award of up to $1,000.

Sources & Official References

Other rules in Gaithersburg

All Gaithersburg rules

Compare Gaithersburg to another location·View the Maryland rental property rules overview

Get notified when Repairs & Habitability in Gaithersburg, MD changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Repairs & Habitability in Nearby Cities

How other cities in Montgomery County handle repairs & habitability.

Rockville, MD
Some Restrictions