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MD

Building Codes & Habitability — Maryland

Warranty of habitability, repair obligations, and city rental programs

State Habitability Standard

Implied warranty of habitability under state landlord-tenant law
Contact local housing authority for specific statutory citations and requirements.

Minimum Habitability Requirements

  • Structural safety: sound roof, walls, floors
  • Working plumbing and hot water
  • Adequate heat
  • Working electrical systems
  • Pest-free premises
  • Smoke and carbon monoxide detectors

Repair Obligations & Tenant Remedies

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Rent Withholding
Consult local housing code — varies by condition severity

Maryland does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult Maryland Real Property Code §§ 8-101 et seq. for current tenant remedies.

City-Level Rental Programs

Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.

Known Maryland cities in our database: check Baltimore above for city-specific programs.

Governing Statute

Maryland Real Property Code §§ 8-101 et seq.

Read the full statute →

Code Details — Maryland

Relevant building code and habitability requirements from our corpus:

City Building Codes — Washington, DC
City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Delaware (DE) Rental Housing
Building Codes — Delaware (DE) Rental Housing
Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — Alabama (AL) Rental Housing
Building Codes — Alabama (AL) Rental Housing
Adopted code: Alabama Building Code based on 2018 IBC; enforcement is by counties and municipalities. Habitability statute: ALA Code §35-9A-204 (Alabama Uniform Residential Landlord and Tenant Act — URLTA). Heating: landlord must provide working heating equipment; no specific minimum temperature in state law; courts apply 68°F as baseline. Smoke detectors: required in each sleeping room and on each floor (ALA Code §24-9-11); landlord installs; battery or hardwired. CO detectors: no statewide requirement as of 2024. Repair-and-deduct: yes — after written notice and 14-day failure; cap is $200 or half month's rent. Notable: Alabama preempts local rent control. Birmingham and Huntsville have local housing codes. Alabama's URLTA was substantially modernized in 2006 and covers most residential tenancies.
Building Codes — Washington (WA) Rental Housing
Building Codes — Washington (WA) Rental Housing
Adopted code: Washington State Building Code based on 2021 IBC/IRC with WA amendments. Habitability statute: RCW 59.18 (Residential Landlord-Tenant Act — RLTA). Heating: landlord must provide heating equipment capable of maintaining 70°F in all inhabited rooms during cold weather — 70°F is stricter than IPMC. Smoke detectors: required in each sleeping room, on each floor, and outside sleeping areas; landlord installs and maintains; if tenant damages detector landlord may charge for replacement. CO detectors: required in all dwellings with fossil fuel appliances or attached garages (RCW 43.44.110). Repair-and-deduct: yes — after 10-day written notice to landlord; cap of $300 or half month's rent (whichever is greater) per repair incident. Seattle Rental Registration and Inspection Ordinance (RRIO): all rental units in Seattle must be registered; periodic inspections required. Notable: WA bans "no-cause" evictions for most tenancies (just cause required after 20+ days); strong anti-retaliation protections.
Building Codes — Mississippi (MS) Rental Housing
Building Codes — Mississippi (MS) Rental Housing
Adopted code: Mississippi Building Code based on 2018 IBC; enforcement is primarily local. Habitability statute: Miss. Code §89-8-17 (landlord obligations under Landlord and Tenant Act). Heating: landlord must maintain working heating system; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (Miss. Code §45-11-201). CO detectors: no statewide requirement. No repair-and-deduct right. Tenant remedy: terminate lease after 30-day written notice and failure to repair. Notable: Mississippi has among the most limited residential tenant protections in the US. Local codes vary widely; rural areas often lack formal code enforcement. Jackson has a local housing code enforcement office.
City Building Codes — Seattle, WA
City Building Codes — Seattle, WA
Seattle Department of Construction and Inspections (SDCI) enforces Seattle Building Code and Seattle Housing and Building Maintenance Code (HBMC). Seattle Rental Registration and Inspection Ordinance (RRIO): ALL rental units in Seattle must be registered; periodic physical inspections required (every 4-6 years depending on building type). Annual registration fee per unit. Heating: WA state requirement of 70°F applies; Seattle requires heat available from heat source within the unit (no central boiler serving multiple tenants without individual controls). CO detectors: RCW 43.44.110 requirement applies; SDCI enforces. Seattle Just Cause Eviction Ordinance: requires specific stated reason (from an enumerated list) for eviction. Tenant relocation assistance: landlords must pay 3 months rent as relocation assistance when displacing tenants for demolition, substantial rehabilitation, or change of use. Seattle Multifamily Housing Code: additional requirements for buildings 5+ units including fire sprinkler systems, accessibility, and green building standards (Seattle Green Building Standard requires most new multi-family to meet LEED or equivalent).
City Building Codes — Chicago, IL
City Building Codes — Chicago, IL
Rental registration: All residential rental units in Chicago must be registered with the City; fee varies by unit count. Chicago Residential Landlord and Tenant Ordinance (RLTO, Chicago Mun. Code §5-12): One of the strongest tenant protection ordinances in the US. RLTO applies to most Chicago rentals except owner-occupied buildings with 6 or fewer units. Key RLTO provisions: (1) Landlord must pay interest on security deposit (currently ~1.5% annually). (2) Landlord must provide inventory checklist at start of tenancy. (3) Tenant may withhold up to rent reduction for material non-compliance after 14-day written notice. (4) Repair-and-deduct: up to $500 or half month's rent after 14-day notice and landlord failure. (5) Landlord must give 30-day notice for heat/water/essential service shutoffs. Heating: 68°F required from Oct 1 through June 1 by city ordinance. Chicago Building Department enforces Chicago Building Code (separate from IPMC): includes annual fire inspection for multi-unit buildings. Lead paint: Chicago has own lead ordinance requiring disclosure and testing for pre-1978 units rented to families with children under 6.
Building Codes — New Hampshire (NH) Rental Housing
Building Codes — New Hampshire (NH) Rental Housing
Adopted code: NH Building Code based on 2009 IBC (amendment cycles slower than most states). Habitability statute: RSA 540-A (landlord's access and duties); RSA 48-A (standards of repair and maintenance for residential buildings). Heating: Oct 1 through May 1; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (RSA 153:10-a). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RSA 153:10-b). No repair-and-deduct right by statute. Tenant remedy: sue in small claims court; local code enforcement. Notable: New Hampshire has relatively minimal residential landlord-tenant statute; reliance on common law. Manchester and Nashua have local housing code enforcement. NH preempts local rent control.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.