Most discussion of the Maryland Tenant Mold Protection Act centers on its 15-day and 45-day deadlines. The law's definitions and continuing duties matter just as much, because they decide what a landlord must actually do. This article walks through how the Act defines mold, dampness, assessment and remediation, and the ongoing obligations it places on Maryland residential landlords.
The Act takes its definitions from Environment Article Section 6-1702 of the Maryland Code. It defines mold as multicellular fungi living on plant or animal matter or in an indoor environment. It then names nine genera: Alternaria, Aspergillus, Cladosporium, Fusarium, Memnoniella, Mucor, Penicillium, Stachybotrys chartarum, and Trichoderma. The statute says mold includes those genera, so the list does not stop there.
The law also defines dampness as abnormal moisture inside a building. That definition lists excessive humidity, lingering condensation, leaks, water damage, and musty or moldy odors. The breadth matters, because when remediation is required, the law's definition reaches dampness itself and not only growth a tenant can see. A musty closet or a chronically sweating window therefore falls within the law's concern.
Landlords must give each tenant a pamphlet on mold when the lease is signed, and again every two years thereafter when the tenant asks. The Maryland Department of the Environment may use the Environmental Protection Agency's guide, A Brief Guide to Mold, Moisture and Your Home. The landlord must also ask the tenant to sign a statement acknowledging receipt, so keep a copy of anything you sign.
Section 8-220 of the Real Property Article defines a mold assessment as an inspection, investigation, or survey that tells the owner about the presence, identity, or extent of mold. It also counts the development of a mold management plan, or the collection or analysis of a mold sample. The landlord must ensure that the assessment follows recommended industry guidelines and best practices, along with state and local law.
The Act defines remediation in two parts. The first covers removing, cleaning, sanitizing, demolishing, or otherwise treating mold, a mold hazard, or dampness. The second covers abatement of the underlying cause. Painting over a stain while the roof still leaks therefore leaves half the job undone, and the industry-standard requirement applies to the remediation work just as it applies to the assessment.
If the assessment detects mold, the landlord must complete remediation within 45 days after the assessment. When that period is not feasible, the law allows a reasonable time instead. Even then, the landlord must keep occupants informed while the work goes on. You can read why a completed project does not always mean a safe home in our article on finished remediation.
Section 8-220(d) adds four continuing duties. The landlord must communicate with occupants during assessment and remediation and provide updates and relevant information. The landlord must also ensure proper ventilation and low indoor relative humidity in the property. Finally, the landlord must maintain the property under the federal, state, and local codes on minimum livability that Public Safety Article Section 12-203 addresses.
The ventilation and humidity duties do not depend on a tenant's complaint. They describe how the landlord must run the property all the time, which matches what building scientists say about moisture control. A building with failed exhaust fans, an undersized air conditioning system, or chronic condensation raises questions under these provisions even before anyone reports visible growth.
The Act does not require local governments or health departments to perform mold assessments or remediation for private landlords. When a local government owns or manages residential property, however, the government or the local housing authority must comply with Section 8-220 for that property. Claims against government bodies can carry separate notice requirements with short deadlines, so public housing tenants should act promptly.
To discuss a Maryland mold injury claim, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on giving written notice under the Act.
