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Overview
Maryland is one of the few states with specific mold legislation. The Maryland Tenant Mold Protection Act (SB 856, Chapter 539), effective July 1, 2025, establishes landlord requirements for mold information, assessment, remediation, and disclosure in covered rental properties. [Maryland General Assembly - SB0856]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Rent Escrow
Under Maryland Real Property Code Section 8-211, tenants may pay rent into a court escrow account instead of to the landlord when dangerous conditions exist, including mold that poses a substantial threat to health and safety. After providing written notice and allowing reasonable time for repairs (with a presumption that more than 30 days is unreasonable), tenants can file a Petition in Action of Rent Escrow with the District Court.
Right to Warranty of Habitability Relief
Under the Tenant Safety Act of 2024, tenants can seek relief for breach of the warranty of habitability without having to pay rent into escrow. The law presumes the tenant is entitled to rent abatement unless the landlord proves otherwise. Courts may order actual damages, abatement of rent, and lease termination.
Landlord Responsibilities
Provide Habitable Premises
Landlords must maintain rental properties in a safe, sanitary condition that is fit for human habitation throughout the entire tenancy. This includes addressing conditions that pose serious health and safety threats, including mold.
Perform Timely Mold Assessment
Under the Tenant Mold Protection Act, landlords must perform a mold assessment within 15 days of receiving written notice from a tenant or local enforcement agency regarding the detection of mold.
Remedies Available to Tenants
Rent Withholding
Available: Maryland allows rent withholding through the rent escrow process. Tenants must provide written notice to the landlord specifying the dangerous conditions and allow reasonable time for repairs (more than 30 days is presumed unreasonable). If the landlord fails to make repairs, tenants can file a Petition in Action of Rent Escrow with the District Court to pay rent into a court account. Rent cannot be legally withheld outside of this formal process. Under the Tenant Safety Act of 2024, tenants can also seek relief for warranty of habitability violations without paying rent into escrow.
Repair and Deduct
Not Available: Maryland does not provide a general repair-and-deduct remedy for tenants. The primary statutory remedy for serious habitability issues is rent escrow under Real Property Section 8-211, which allows a court to order repairs and adjust rent.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Maryland
Understanding Maryland's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Maryland's Humid Subtropical Climate
Maryland has a humid subtropical climate with hot, humid summers and cool winters. The state receives 40-45 inches of rainfall annually, with summer humidity frequently exceeding 70%. The Chesapeake Bay significantly influences the state's humidity levels, with coastal areas experiencing higher moisture. Baltimore averages 70%+ relative humidity year-round.
Chesapeake Region Mold Challenges
Maryland faces significant mold challenges due to Chesapeake Bay humidity and aging urban housing. Baltimore has some of the oldest housing stock on the East Coast, with many row homes built in the late 1800s and early 1900s. These structures often have inadequate ventilation and moisture management. The combination of coastal humidity and older housing creates persistent mold concerns.
Tenant Mold Protection Act (2025)
Maryland enacted the Tenant Mold Protection Act (SB 856), effective July 1, 2025, establishing comprehensive landlord requirements for mold information, assessment, remediation, and disclosure. This makes Maryland one of the few states with specific mold legislation, providing tenants with enhanced protections.
Flooding and Storm Surge
Maryland's extensive Chesapeake Bay shoreline faces flooding risks from hurricanes, nor'easters, and tidal flooding. Baltimore and Annapolis have experienced significant flooding events that cause water damage and subsequent mold problems. Climate change is increasing flood frequency in low-lying coastal areas.
Common Mold Types in Maryland
The Chesapeake Bay creates consistently high humidity levels throughout Maryland, particularly in coastal areas. Baltimore's historic row houses, many over 100 years old, often lack modern moisture control. The combination of aging infrastructure, flooding risks from bay storms, and year-round humidity creates persistent mold challenges.
Stachybotrys chartarum
Black mold thrives in Baltimore's aging row homes with chronic moisture problems from basement flooding and roof leaks.
Aspergillus
Common in water-damaged buildings throughout Maryland, particularly in humid summer months with high Chesapeake Bay humidity.
Cladosporium
Frequently found on HVAC components and in bathrooms across the state, thriving in the humid subtropical climate.
Penicillium
Grows rapidly on water-damaged materials in Maryland's older housing stock, including wallpaper and insulation.
Alternaria
Common outdoor mold that enters buildings through open windows during Maryland's warm, humid summer months.
Mold Professional Requirements in Maryland
Mold Legislation in Maryland
Enacted laws, pending bills, and historical legislation related to mold in Maryland.
Enacted Laws
SB 856: Maryland Tenant Mold Protection Act
Requires landlords to provide mold information pamphlets at lease signing, conduct mold assessment within 15 days of written tenant notice, and complete remediation within 45 days following industry best practices. Landlords must ensure proper ventilation and low indoor humidity. Maryland Department of Environment must adopt uniform mold assessment and remediation standards by June 1, 2027.
Impact: One of the most comprehensive state-level mold regulations in the country, covering both residential and commercial rentals. Establishes clear timelines for landlord response and creates a centralized online portal for mold prevention resources.
Implied Warranty of Habitability
Under Maryland law, every landlord that offers a residential dwelling unit for rent is deemed to warrant the dwelling fit for human habitation. The Tenant Safety Act of 2024 (effective October 1, 2024) defines "fit for human habitation" as a rental unit that is free from serious conditions or defects that are, or could become, a fire risk or a serious danger to the health, safety, or lives of the people living there if not quickly fixed. This warranty exists in every lease, whether written or oral, and cannot be waived. The law specifically clarifies that certain mold hazards constitute dangerous conditions and defects for which a tenant may obtain relief. [Maryland General Assembly - SB0946]
Mold Disclosure Requirements
Notable Mold Court Cases in Maryland
These cases have shaped mold litigation and tenant rights in Maryland. Understanding legal precedents can help inform your own situation.
McCarthy v. Board of Commissioners for Frederick County (2025)
Summary: Maryland Appellate Court ruled that Frederick County is immune from negligence claims stemming from mold exposure in the historic John Hanson House, a government-owned building. The court held that the county's maintenance of the building was a governmental function, not a proprietary one.
Outcome: Court upheld government immunity, dismissing mold exposure negligence claim against the county. Decision issued the same day the Tenant Mold Protection Act took effect (July 1, 2025).
Significance: Highlights a gap in Maryland mold protections: while the Tenant Mold Protection Act covers rental properties, government employees in government-owned buildings may lack remedies for mold exposure under government immunity doctrines.
Source: Green Building Law Update - McCarthy v. Frederick County
South Baltimore Subsidized Housing Mold Lawsuit (2025)
Summary: Residents of a subsidized housing complex in South Baltimore filed suit against FPI Management and Hudson Valley Property Group, alleging the companies allowed serious problems including mold, rodents, and structural issues to persist unaddressed.
Outcome: Pending. Tenants are asking the court to mandate repairs throughout the complex.
Significance: Tests the application of Maryland's new Tenant Mold Protection Act and Tenant Safety Act in the subsidized housing context. Could set precedent for tenant remedies in managed affordable housing.
Local Regulations
Some cities in Maryland have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Maryland mold law details.
Baltimore, MD
Local mold risks, prevention priorities, and next steps for Baltimore.
Frederick, MD
Local mold risks, prevention priorities, and next steps for Frederick.
Rockville, MD
Local mold risks, prevention priorities, and next steps for Rockville.
Gaithersburg, MD
Local mold risks, prevention priorities, and next steps for Gaithersburg.
Annapolis, MD
Local mold risks, prevention priorities, and next steps for Annapolis.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Maryland.
Maryland Department of Housing and Community Development Programs
DHCD offers various housing rehabilitation programs that may cover mold remediation as part of health and safety improvements for qualifying homeowners.
Eligibility: Income-qualified Maryland homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 410-514-7000Learn More →
Baltimore City Lead Hazard Reduction Program
While focused on lead hazards, this program addresses related moisture and mold issues in Baltimore City homes with children under 6.
Eligibility: Baltimore City homeowners or renters with children under 6
Phone: 410-396-3835Learn More →
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Maryland homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Maryland areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Maryland have specific mold laws?
Yes. The Maryland Tenant Mold Protection Act (effective July 1, 2025) establishes comprehensive requirements for landlords including mold assessment within 15 days of tenant notice, remediation within 45 days, mandatory disclosure of known mold issues, and provision of mold information pamphlets. The Act specifically addresses nine hazardous mold types: Alternaria, Aspergillus, Chaetomium, Cladosporium, Fusarium, Paecilomyces, Penicillium, Stachybotrys, and Trichoderma. The Maryland Department of the Environment must finalize statewide mold standards by June 1, 2027.
Can I withhold rent for mold in Maryland?
Yes, but only through the formal rent escrow process. You must provide written notice to your landlord, allow reasonable time for repairs (more than 30 days is presumed unreasonable), and then file a Petition in Action of Rent Escrow with the District Court. You cannot simply stop paying rent without following this process. Alternatively, under the Tenant Safety Act of 2024, you can seek relief for warranty of habitability violations without paying into escrow.
How long does my landlord have to fix mold in Maryland?
Under the Tenant Mold Protection Act, landlords must perform a mold assessment within 15 days of receiving written notice. If mold is found, remediation must be completed within 45 days of the assessment. Under the general rent escrow law, landlords have a reasonable time to make repairs, with more than 30 days presumed unreasonable for serious conditions.
Official Resources
These official resources can help you understand your rights and take action: