Annapolis Attorney

Toxic Mold and Injury Claims

Maryland Mold Laws: What Are Your Legal Rights as a Renter?

Written by
Christopher L. Beard
26th August, 2024
Maryland mold laws and renters' rights

Maryland renters once heard that the state had no mold law. That changed on July 1, 2025, when the Maryland Tenant Mold Protection Act took effect. This guide explains what Maryland law now requires of landlords, what tenants should do when mold appears, and the legal remedies available.

Why Mold in a Rental Home Matters

Mold grows where water lingers, often from roof leaks, plumbing failures, poor ventilation, or flooding. Common indoor molds include Aspergillus, Penicillium, Cladosporium, and Alternaria, while Stachybotrys chartarum grows only where materials stay wet for long periods. The National Institute of Environmental Health Sciences (NIEHS), part of the National Institutes of Health (NIH), reports that people in damp, moldy buildings face an increased risk of respiratory problems and that allergic reactions are the most common health effect.

Mold often hides in bathrooms, kitchens, basements, crawlspaces, attics, around windows, and under carpets. A musty odor, bubbling paint, stains, or swollen baseboards can signal a problem before any growth appears. Act early, since small problems become expensive ones.

The Maryland Tenant Mold Protection Act

The General Assembly passed the Act as Senate Bill 856, and it became Chapter 539 of the 2025 Laws of Maryland. Landlords must give tenants written information about mold at lease signing and again on request. After a landlord receives written notice of suspected mold, the landlord must perform a mold assessment within 15 days.

If the assessment finds mold, the landlord must complete remediation within 45 days after the assessment, or within a reasonable time if that period is not feasible. The work must follow industry standards, and the landlord must communicate with occupants and coordinate access to the unit. Read more in our article on the Tenant Mold Protection Act.

Other Protections Under Maryland Law

Real Property Article Section 8-211 of the Maryland Code lets tenants ask the District Court to address conditions that pose a serious threat to life, health, or safety. The tenant pays rent into the court while the case proceeds, and the court may order repairs, reduce rent, or end the lease. Many local housing codes also require landlords to keep units in good repair and free of conditions that threaten health.

What Tenants Should Do

Report mold to your landlord in writing, by e-mail, letter, or the landlord's online portal, and keep a copy that shows the date. A phone call or hallway conversation may not start the Act's deadlines. Follow up in writing if the landlord does not respond.

Photograph and video the growth, stains, and water damage, and note the date of each image. Keep every message and repair ticket, along with the landlord's responses. List any belongings the mold damaged, with an estimated value for each item.

Consider hiring an independent mold assessor rather than relying on a home test kit. A qualified assessor searches for the water source, maps moisture, and samples where needed. If you have health symptoms, see your doctor, describe the conditions in your home, and bring copies of any inspection report.

Renters Insurance

Many renters insurance policies exclude mold unless it results from a covered event, such as a burst pipe. Policies often cap mold coverage and apply a deductible. Read your policy and report losses promptly.

Legal Remedies

Rent escrow can force repairs, but it does not compensate you for illness. A tenant who becomes ill from mold may bring a separate claim for negligence and related theories, usually in the Circuit Court. That claim can seek medical expenses, lost wages, damaged belongings, and pain and suffering.

Be careful with any settlement or release in a rent escrow or other proceeding with your landlord. A release can give up claims that arise from the same facts, including a claim for mold injury. Read our article on rent escrow and mold injury claims before you sign anything.

Under Courts and Judicial Proceedings Article Section 5-101, a person must file most Maryland personal injury claims within three years, subject to Maryland's discovery rule. Christopher L. Beard, an Annapolis attorney, concentrates his practice in toxic mold injury and habitability claims for Maryland tenants. He has filed suit and appeared in the Circuit Court for Baltimore City, the circuit courts for Anne Arundel, Baltimore, Charles, Harford, Howard, Montgomery, Prince George's, Queen Anne's, St. Mary's, and Worcester Counties, and the United States District Court for the District of Maryland. To discuss a mold injury claim, e-mail chris@attorneybeard.com or call (410) 267-0227.