Gaithersburg, MD Rental Property Rules: Rent Increase Notice (2026)
Key Facts
- 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
Summary
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.
(e)Rent adjustments; notice requirements.(1)Landlords are encouraged to hold rent increases at the lowest level possible.(2)A landlord must not impose more than one rent increase on a tenant in any twelve-month period.(3)A landlord must not increase the rent until ninety (90) days after the landlord gives the tenant written notice of the increase pursuant to Md. Code, Real Prop. Art., section 8-209.
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 13-20(e), added to Chapter 13's tenant-rights article, sets two hard limits on rent increases: a landlord cannot impose more than one increase on a tenant in any twelve-month period, and cannot make an increase effective until 90 days after giving the tenant written notice under Maryland Code, Real Property Article Section 8-209. Every written notice must state the current monthly rent before the increase, the new monthly rent after it takes effect, the percentage increase, the effective date, the voluntary rent increase guideline issued under Montgomery County Code Section 29-53(a)-(b), and a statement telling the tenant they may ask the city's department to review any increase they consider excessive.
For any rental facility with 12 or more dwelling units, the landlord must also send a copy of that same notice to the city manager or a designee at the same time it goes to the tenant. The section opens by stating that landlords are 'encouraged to hold rent increases at the lowest level possible,' language carried over from the original 1985 ordinance, though the binding requirements are the 90-day notice period and the one-increase-per-year cap rather than any rent cap itself; Gaithersburg does not otherwise limit how much a landlord can raise the rent.
Violations & Fines
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.
Frequently Asked Questions
How much notice must a Gaithersburg landlord give before raising rent?
Can my landlord raise my rent twice in one year?
Does Gaithersburg cap how much my rent can go up?
Sources & Official References
Other rules in Gaithersburg
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Rent Increase Notice in Nearby Cities
How other cities in Montgomery County handle rent increase notice.