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Montgomery County, MD Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Montgomery County Code § 29-22
Trigger
Leaks in 2+ units, chronic dampness/mold
Enforcer
Dept. of Housing and Community Affairs
Tenant remedy
Repair-and-deduct up to 1 month's rent
Scope
Licensed rental housing only

Summary

In licensed Montgomery County rental housing, pervasive water leaks causing chronic dampness, mold, or property damage force annual inspections and a mandatory corrective action plan until fixed.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The Director must inspect, at least once each year, any rental housing which, after inspection, the Director: (1) finds in violation of any applicable law that adversely affects the immediate health and safety of the tenants, including: ... (D) pervasive and recurring water leaks that result in chronic dampness, mold growth, or personal property damage in more than one unit...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

County Code Section 29-22 makes recurring water leaks a health-and-safety violation, not a routine repair item. If an inspection finds leaks causing chronic dampness, mold growth, or property damage in more than one unit, the Department of Housing and Community Affairs must reinspect the property every year, not the standard three-year cycle, until the leak is corrected. The landlord must also submit a corrective action plan and keep implementing it under Department oversight. If the landlord still doesn't fix a cited violation after written notice, the Director can let the tenant hire a licensed contractor and deduct the repair cost, up to one month's rent, from rent owed, or move to revoke the rental license.

Violations & Fines

Annual reinspection instead of triennial; mandatory corrective action plan; tenant-authorized repair-and-deduct up to one month's rent; license revocation for uncorrected violations.

Frequently Asked Questions

Does this apply to my single-family home?
No. Section 29-22 governs licensed apartment complexes and personal living quarters buildings, not owner-occupied or unlicensed single-family rentals.
What if the landlord ignores a cited leak?
Under Section 29-22(f), the Director can authorize the tenant to hire a listed contractor and deduct the repair cost from rent, up to one month's rent, or take other remedial action against the license.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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