Tenant Rights in Takoma Park vs. Montgomery County

A detailed comparison of existing landlord-tenant laws | October 15, 2026

At its Wednesday, October 14, City Council meeting, Takoma Park provided an update on its ongoing review of the City’s tenant rights and protections ordinance, a process that has been underway for roughly a year. We’ve been hearing quite a lot about rent stabilization lately, and those discussions have sometimes been pretty turbulent. But we have heard much less about the tenant rights currently under review, so a side-by-side comparison of tenant rights in Takoma Park and the rest of Montgomery County may be helpful.

First, a little background: Which laws apply?

Takoma Park has two major ordinances that regulate rental housing.

Chapter 6.16, Landlord-Tenant Relations, addresses things like leases, maintenance, landlord entry, utility charges, tenant fees, and displacement.

Chapter 6.20, Rent Stabilization, determines how rent increases are regulated for covered properties.

These are separate laws, although they sometimes reference one another. For example, Chapter 6.16 regulates how much notice landlords must provide before increasing rent, while Chapter 6.20 regulates the permitted amount of an increase in a rent-stabilized unit.

Montgomery County has its own landlord-tenant ordinance, Chapter 29, which covers many of the same issues. However, Takoma Park specifically exempts itself from most of that chapter under City Code §6.04.020. State landlord-tenant laws continue to apply where applicable, and certain County provisions are expressly incorporated into City law.

This means that comparing the two ordinances is useful for understanding policy differences, but we should not assume that a Montgomery County requirement automatically applies within Takoma Park.

Rent stabilization is not unique to Takoma Park. Montgomery County has its own rent stabilization law, passed in 2023. For July 1, 2026, through June 30, 2027, the maximum allowable increase for covered County units is 5.2%, which is inflation (2.2%) plus 3%, according to the County’s Office of Rent Stabilization. The County law generally covers rental units at least 23 years old, and according to the County it does not apply to units in Takoma Park, Gaithersburg or Rockville. This article focuses on the other tenant protections, where the two jurisdictions differ in ways that get less attention.

• Takoma Park, Chapter 6.16, Landlord-Tenant Relations: https://ecode360.com/47258903
• Takoma Park, Chapter 6.20, Rent Stabilization: https://ecode360.com/47259050
• Takoma Park, §6.04.020, Exemption from County Codes: https://ecode360.com/47258621
• Montgomery County, Chapter 29, Landlord-Tenant Relations: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756

Tenant Protection	Takoma Park	Montgomery County
Initial lease	Generally must offer a one-year lease.	Generally must offer a two-year lease.
Lease renewal	Generally requires a one-year renewal offer, subject to exceptions.	Generally requires a two-year renewal offer, subject to exceptions.
Rent increase notice	Two months’ written notice.	At least 90 days’ written notice.
Frequency of rent increases	Generally once every 12 months, with exceptions under City law.	Generally once every 12 months.
Rent stabilization	Annual increases limited under Chapter 6.20.	Annual increases limited under the County’s rent stabilization law: 5.2% for July 2026 through June 2027, for units at least 23 years old. Does not apply in Takoma Park, Gaithersburg or Rockville.
Landlord entry	Generally 48 hours’ written notice, except emergencies and other permitted circumstances.	“Due notice” under County law; County guidance advises at least 24 hours’ notice for ordinary entry.
Late fees	Maximum 5% of rent, with a 10-calendar-day grace period.	Generally maximum 5%, with a 10-day grace period.
Transfer of utility payments	Specific restrictions, separate metering requirements, and mandatory rent offsets for permitted transfers.	Utility responsibilities and billing methods must be disclosed and comply with applicable regulations.
Maintenance and repairs	Landlords responsible for maintaining compliance with City property maintenance standards.	Landlords responsible for habitability and necessary repairs under County standards.
Repainting	Generally requires complete repainting at least every five years.	General maintenance and habitability requirements; no directly equivalent five-year rule identified.
Locks between tenants	Landlords must rekey unit locks between tenancies at their own expense.	Property security and maintenance rules apply; no directly equivalent rekeying requirement identified.
Additional fees	Expressly restricts new fees for previously included amenities and additional landlord operating expenses.	Regulates allowable charges, lease disclosures, and fees under Chapter 29.
Month-to-month fees	Specifically prohibited.	Governed by County lease and fee requirements.
Tenant associations	Express rights to organize, meet, distribute information, and file certain representative complaints.	Nearly identical rights to organize, meet, distribute information, and file complaints for tenants who authorize it.
Nonrenewal and termination	City renewal-offer and notice-to-vacate requirements apply, alongside Maryland law.	County lease-renewal and termination requirements apply, including 60 days’ notice of nonrenewal, alongside Maryland law.
Permanent displacement after condemnation	Generally two months’ rent plus return of security deposit with required interest.	Generally the greater of three months’ contractual rent or three months’ applicable fair-market rent.
Temporary displacement after condemnation	Landlord must meet specified alternative-housing, storage, moving, and rent-adjustment obligations.	County displacement and relocation protections apply under specified circumstances.
Enforcement	Takoma Park Department of Housing and Community Development and City COLTA.	Montgomery County DHCA and County Commission on Landlord-Tenant Affairs.

1. Lease terms: One year or two?

One of the first differences I noticed concerns how long a landlord must offer to rent an apartment.

Takoma Park

Under §6.16.070, landlords generally must offer an initial one-year lease. They must also offer a one-year renewal of that initial lease unless one of the ordinance’s exceptions applies. There are provisions allowing shorter terms when there is reasonable cause, such as a planned sale, occupancy by the owner or a family member, or certain substantial renovations.

Montgomery County

Under §29-28, landlords generally must offer an initial two-year lease and a two-year lease at renewal. There are exceptions, and tenants are not required to accept a two-year term. The important distinction is that the tenant must generally be offered the longer term before negotiating something different.

What does this mean?

Imagine renting an apartment on one side of the Takoma Park city line. The landlord generally must offer a one-year lease. Cross into an area governed by Montgomery County Chapter 29, and the standard offer becomes two years.

A two-year term can give a tenant greater predictability about the duration of a lease, although it does not necessarily prevent a lawful rent increase during that period.

This is a clear example of a difference between the two jurisdictions that has nothing to do with the annual rent stabilization allowance.

Sources:

Takoma Park, §6.16.070, Lease Term and Renewal Requirements: https://ecode360.com/47258903

Montgomery County, §29-28, Leasing Requirements: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137242

Montgomery County’s explanation of lease requirements: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-renters/lease

2. Rent increases: How much advance warning?

The next difference concerns the amount of notice a landlord must provide before increasing rent.

Takoma Park

Under §6.16.080, landlords must provide two months’ written notice before a rent increase. Generally, rent may be increased only once within a 12-month period, except as permitted under the City’s fair-return provisions.

Montgomery County

The County generally requires at least 90 days’ written notice before a rent increase. It also generally restricts increases to once every 12 months.

What does this mean?

Let’s suppose a landlord plans to increase the rent on January 1.

In Takoma Park, the local ordinance requires two months’ advance written notice. Under the County’s ordinary requirement, the landlord must provide at least 90 days’ notice.

That’s a meaningful difference in how much time a tenant has to prepare for the change.

However, notice and the amount of an allowable increase are different issues. An advance notice requirement does not authorize an increase that would otherwise violate rent stabilization.

Sources:

Takoma Park, §6.16.080: https://ecode360.com/47258903

Montgomery County, Notices Between Tenants and Landlords: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-landlords/notices-between-tenants-landlords

3. Utilities: What happens when a landlord transfers a bill to tenants?

This is one of the more interesting provisions in Takoma Park’s ordinance.

Takoma Park

Section 6.16.100 regulates utility charges and the transfer of utility-payment responsibilities. The rules address electricity, gas, water, and certain services.

If a landlord wants to transfer responsibility for utilities to tenants, the City imposes specific requirements, including written notice, metering conditions, and a corresponding rent reduction.

The ordinance also addresses documentation of actual charges and how they are calculated.

Montgomery County

The County requires leases to identify which party is responsible for utility payments. It also regulates utility billing and allocation, including applicable disclosures.

The two jurisdictions therefore regulate some of the same issues, but Takoma Park’s ordinance contains especially detailed provisions concerning a change from landlord-paid to tenant-paid utilities.

What does this mean?

Let’s say I rent an apartment for $1,500 a month, and electricity is included. The landlord decides that tenants should begin paying their own electricity bills.

If the average monthly bill is $90, that represents an additional $1,080 annually.

In Takoma Park, a landlord cannot simply shift that expense without complying with the City’s utility-transfer requirements, including its rent-offset provisions. The actual reduction would have to be determined under the applicable formula and procedures.

For me, this raises an important question when reviewing proposed changes: Are we changing the amount tenants pay directly, changing what is included in rent, or changing both?

Sources:

Takoma Park, §6.16.100, Utilities: https://ecode360.com/47258903

Montgomery County, §29-27, Contents of Lease: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137173

Montgomery County’s lease guidance: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-renters/lease

4. Maintenance: What must a landlord provide?

Both jurisdictions require landlords to maintain habitable rental properties, although the ordinances express those responsibilities in somewhat different ways.

Takoma Park

Under §6.16.050, landlords have a series of specific obligations, including maintaining water, heating, plumbing, electrical systems, common areas, and other building facilities.

A few requirements caught my attention.

Landlords must rekey rental-unit locks between tenancies at their own expense. They must also repaint rental units in their entirety at least once every five years.

They must bear the costs of repairs necessary to maintain compliance with the City’s Property Maintenance Code. If a landlord charges a tenant for damage, the ordinance requires documentation of the repair costs and proof that the work was completed.

Montgomery County

The County likewise requires landlords to maintain rental housing in a clean, safe, sanitary, and habitable condition.

Its lease requirements expressly incorporate applicable building, fire, housing maintenance, and zoning standards.

The County also has procedures through which tenants can seek enforcement of repairs. Under specified conditions, a tenant may obtain County authorization to make certain repairs and deduct the expense from rent, after the landlord fails to meet a County correction order. The work must be done by a licensed contractor from the County’s list, and the deduction is capped at one month’s rent. That is a regulated process, rather than a general right to make deductions independently.

What does this mean?

Suppose an apartment building needs a new heating system. Both jurisdictions require landlords to maintain housing that meets applicable habitability standards.

But requiring a functioning heating system is not the same legal question as determining whether a landlord can recover the cost of replacing it through higher rents.

That distinction is especially important when considering changes to rent stabilization and capital-improvement policies.

Sources:

Takoma Park, §6.16.050, Obligations of Landlords: https://ecode360.com/47258903

Takoma Park, Chapter 6.12, Property Maintenance Code: https://ecode360.com/47258776

Montgomery County, §29-27: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137173

County landlord responsibilities: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-landlords/landlord-rights-responsibilities

5. Privacy: When can a landlord enter an apartment?

This is another straightforward difference.

Takoma Park

Under §6.16.110, landlords generally must provide at least 48 hours’ written notice before entering a rental unit for ordinary purposes.

The notice must identify the date, approximate time, purpose of the visit, and contact information.

The ordinance also sets out how tenants may object to an entry, when shorter notice may be accepted, and how landlords must document entry when a tenant is absent.

Emergencies are handled separately.

Montgomery County

County law requires “due notice” for ordinary landlord entry during normal business hours, and the County’s Department of Housing and Community Affairs advises landlords to give at least 24 hours’ notice. There are separate requirements for certain official inspections and emergency situations.

What does this mean?

The City generally requires twice as much notice as the County before an ordinary landlord visit.

That can matter to tenants who work from home, have children, need to arrange for pets, or simply want more advance warning before someone enters their living space.

Sources:

Takoma Park, §6.16.110, Entry: https://ecode360.com/47258903

Montgomery County lease guidance, Maintenance and Access: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-renters/lease

6. Fees: What can landlords charge tenants?

This section is particularly detailed in Takoma Park.

Takoma Park

Under §6.16.090, landlords cannot charge tenants for improvements to the rental unit or facility or for additional operating expenses incurred by the landlord through a separately assessed fee.

The ordinance also prohibits fees for services and amenities that were previously included in rent or provided without charge.

Optional services, such as parking, storage, furnishings, internet access, and certain other amenities, may be charged separately under specified conditions.

The City prohibits month-to-month tenancy fees.

Late fees cannot exceed 5% of the rent due, and they cannot be assessed if rent is received within 10 calendar days after the due date.

Montgomery County

The County also limits late fees to 5% and requires a minimum 10-day grace period.

Its lease rules address other fees, deposits, repair charges, and required disclosures.

What does this mean?

Suppose a landlord has always included storage in the monthly rent and now wants to charge an additional $40 monthly storage fee.

In Takoma Park, there is a specific ordinance provision restricting new charges for amenities previously included in rent.

This is where the precise language of the ordinance becomes important. Two buildings might advertise identical monthly rents, yet the actual cost of living in each could differ substantially depending on which services are included and which are billed separately.

Sources:

Takoma Park, §6.16.090, Fees: https://ecode360.com/47258903

Montgomery County, §29-27: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137173

Montgomery County, §29-27, late fees: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137173

7. Tenant organizations: Can residents act collectively?

Both jurisdictions recognize tenant organizing rights.

Takoma Park

Under §6.16.030, tenants have the right to organize, form tenant associations, meet with landlords, and distribute information about landlord-tenant issues.

The ordinance also establishes rights to use suitable meeting areas in rental facilities, subject to reasonable conditions.

Registered tenant associations may file complaints on behalf of tenants who have authorized them in writing.

Montgomery County

County law, under §29-33, is nearly identical. Tenants may organize, meet and distribute information, and tenant organizations may file complaints on behalf of tenants who authorize them in writing. The County also bars landlords from charging a fee for a tenant organization’s first meeting each month.

What does this mean?

Imagine that dozens of tenants in one apartment building are experiencing the same heating problem.

Instead of every tenant trying to address the issue independently, a tenant association may provide a way to organize information, communicate collectively, and pursue available complaint procedures.

For buildings with a large number of tenants, these collective rights can be particularly consequential.

Sources:

Takoma Park, §6.16.030, Tenant Rights of Association: https://ecode360.com/47258903

Montgomery County, Chapter 29: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756

8. Lease termination: When can a tenant be asked to leave?

This is an especially important distinction because people sometimes assume rent stabilization also guarantees that a tenant can remain in an apartment indefinitely.

It does not.

Takoma Park

Section 6.16.120 addresses notices to vacate.

The ordinance generally requires one month’s written notice for certain terminations based on material lease violations. Different procedures apply to failure to pay rent.

For certain no-fault terminations, the City’s ordinance establishes a two-month written notice requirement, including for month-to-month tenancies.

Lease renewal provisions must also be considered when determining whether a landlord can decline a renewal.

Montgomery County

The County also regulates notices to vacate, lease renewals, and the process for terminating a tenancy. A County landlord who does not intend to renew a lease must generally give 60 days’ written notice under §29-28, close to Takoma Park’s two months.

The County’s general two-year lease-offer requirement is relevant here because it affects the lease terms tenants are entitled to be offered.

What does this mean?

A tenant might live in a rent-stabilized apartment and still receive a notice involving the termination or nonrenewal of a lease.

The legality of that notice depends on the relevant lease, state law, local requirements, and the particular circumstances.

And importantly, a landlord’s notice to vacate does not give the landlord the right to remove a tenant physically without following the applicable legal process.

Sources:

Takoma Park, §6.16.120, Notice to Vacate: https://ecode360.com/47258903

Montgomery County, Notices Between Tenants and Landlords: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-landlords/notices-between-tenants-landlords

Montgomery County, §29-28, Leasing Requirements: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137242

9. Displacement: What happens when a building becomes uninhabitable?

I found this comparison particularly interesting because both jurisdictions have detailed protections for tenants displaced by condemned housing, but the required payments are different.

Takoma Park

Under §6.16.180, landlords have specific obligations when housing is condemned as unfit for habitation.

These can include providing safe, comparable alternative housing within 24 hours, returning security deposits, paying relocation expenses, and recognizing a tenant’s right to reoccupy a property once it becomes habitable.

For qualifying permanent displacement, the City generally requires a payment equal to two months of the tenant’s rent, in addition to the return of the security deposit with required interest.

Montgomery County

Under §29-35B, the County requires qualifying permanently displaced tenants to receive the greater of three months’ rent under their existing lease or three months of fair-market rent for a comparable unit in the same ZIP code, based on federal HUD figures. The County also requires a prorated payment for the rest of the month.

The County also has requirements for temporary displacement, alternative housing, and a first right to reoccupy.

There are exceptions and conditions in both laws.

What does this mean?

Consider a tenant whose apartment has been condemned and who must move permanently.

If the rent is $1,500 monthly, the City’s basic two-month rent payment would equal $3,000.

Under the County’s basic three-month formula, the payment would be at least $4,500, potentially more if the applicable fair-market rent calculation produces a higher amount.

Both systems provide protections, but the difference in required payments is significant.

This is also a good example of why I wanted to compare actual ordinance language rather than simply describe both jurisdictions as having relocation protections.

Sources:

Takoma Park, §6.16.180, Tenant Displacement and Relocation Expenses: https://ecode360.com/47258903

Montgomery County, §29-35B, Relocation Expenses: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-137358

10. Complaints and enforcement: Who do tenants contact?

Takoma Park and Montgomery County each have administrative processes for handling landlord-tenant disputes, but they use separate offices and commissions.

Takoma Park

The City’s Housing and Community Development Department investigates complaints and works to resolve disputes. The City Commission on Landlord-Tenant Affairs, commonly called COLTA, has responsibilities under local housing law.

Montgomery County

The County’s Department of Housing and Community Affairs administers its landlord-tenant program, including the Office of Landlord-Tenant Affairs and the County Commission on Landlord-Tenant Affairs.

Although the two commissions have similar names, they are separate entities operating under different local legal frameworks.

What does this mean?

A tenant in Takoma Park generally needs to work through the City’s complaint system rather than the County’s landlord-tenant office.

This is an important practical distinction because a tenant looking for assistance online might easily find the County’s information without realizing that Takoma Park has its own procedures.

Sources:

Takoma Park, §§6.16.160 and 6.16.170: https://ecode360.com/47258903

Montgomery County tenant resources: https://www.montgomerycountymd.gov/department-housing-community-affairs/information-renters/lease

Montgomery County Chapter 29: https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756

11. What about single-family homes and other properties exempt from rent stabilization?

There’s one final distinction I think is important to understand.

Takoma Park’s rent stabilization ordinance and its landlord-tenant ordinance do not necessarily cover precisely the same properties.

A single-family rental home may be exempt from rent stabilization while still being subject to applicable landlord-tenant requirements concerning leases, maintenance, notices, fees, and other issues.

The particular rental arrangement matters, including whether the property is owner-occupied or falls within another statutory exception.

So when someone asks whether their property is exempt, the next question really needs to be: Exempt from which law?

A property can be exempt from an annual rent-increase limit without being exempt from the City’s broader housing requirements.

Sources:

Takoma Park, Chapter 6.16, Applicability: https://ecode360.com/47258903

Takoma Park, Title 6, Housing, including rent stabilization and rental licensing: https://ecode360.com/47258620

Additional primary sources

Takoma Park City Council agendas, including October 14, 2026 https://www.takomaparkmd.gov/AgendaCenter

Takoma Park Housing Code, Title 6 https://ecode360.com/47258620

Takoma Park Landlord-Tenant Relations, Chapter 6.16 https://ecode360.com/47258903

Takoma Park Rent Stabilization, Chapter 6.20 https://ecode360.com/47259050

Montgomery County Landlord-Tenant Relations, Chapter 29 https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756

Montgomery County Landlord-Tenant Lease Requirements https://www.montgomerycountymd.gov/department-housing-community-affairs/information-renters/lease

Montgomery County Notices Between Landlords and Tenants https://www.montgomerycountymd.gov/department-housing-community-affairs/information-landlords/notices-between-tenants-landlords

Legal Disclaimer

I am not an attorney, and this explainer is provided for general educational and informational purposes only. It is not legal advice and should not be relied upon as such. While I have made every effort to accurately summarize the applicable laws, individual circumstances may differ, and laws and regulations can change. If you have questions about your rights or obligations as a tenant or landlord, please consult a qualified attorney experienced in Maryland landlord-tenant law.

A. J. Campbell

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