Maryland's New Mold Law: What Tenants, Buyers, and Landlords Need to Know (SB 856 / Ch. 539)
As of July 1, 2025, Maryland has a new law in effect called the Maryland Tenant Mold Protection Act (Senate Bill 856), also known as Chapter 539. It introduces important protections and responsibilities around mold and "dampness" in rental housing. If you're a tenant, buyer, landlord, or real estate agent, here's what you should understand.
What the Law Covers
SB 856 defines key terms and sets out duties for landlords for mold prevention, assessment, and remediation. Some of the key definitions:
Dampness
Excessive humidity, condensation, water leaks, water damage, or musty/moldy odors
Mold
Several common species like Alternaria, Aspergillus, Cladosporium, Fusarium, Mucor, Penicillium, and Stachybotrys chartarum
Mold Assessment
Inspecting, investigating, or sampling mold to provide information to occupants/owners
Remediation
Removing, cleaning, sanitizing, or abating the cause of mold or dampness
What Landlords Must Do
Under the new law, landlords are required to:
Provide Information
- • Give tenants a pamphlet or document that covers mold and dampness, how to control mold, and resources in Maryland
- • Do this when the lease/rental agreement is signed, and also every two years if a tenant requests it
- • Tenants must sign a statement acknowledging they received it
Respond to Mold Notices
- • Within 15 days after receiving written notice from a tenant (or a local housing or livability authority), landlords must perform a mold assessment
- • If mold is found, the landlord must perform mold remediation within 45 days of finishing the assessment. If that timeline is not feasible, then "within a reasonable time"
Follow Standards and Codes
- • Mold assessment and remediation must follow industry-recommended guidelines and state/local regulations
- • Landlords must maintain safe, habitable conditions, including proper ventilation, low indoor humidity, and preventing dampness
Timeline to Keep in Mind
What Tenants, Buyers, and Agents Should Be Aware Of
Tenants
Keep records when you report mold issues in writing. If landlords don't respond or do the assessment/remediation in required timeframes, there may be legal remedies.
Buyers
Verify whether mold assessments have been done historically (if units were rented), and whether the property has been compliant. Ask about unresolved mold/dampness issues.
Agents
Advise landlords and buyers to follow this new law carefully. Noncompliance could lead to legal disputes or affect habitability certifications.
How Smart Home Inspects Helps You
Compliant Assessments
We conduct mold assessments that follow the new uniform standard (once adopted) so that landlords and tenants are fully compliant.
Professional Reports
We prepare reports that meet industry best practices and state/local regulations.
Timeline Guidance
We help landlords understand their responsibilities and timelines so they avoid "late" remediation.
Due Diligence Support
We assist buyers and agents by reviewing documentation, evaluating whether mold or dampness issues are resolved, and advising on what may need remediation.
Final Thoughts
Maryland's Tenant Mold Protection Act is a powerful step toward healthier homes. It ensures that mold and dampness issues are addressed more transparently and in a timely fashion. The key takeaways:
At Smart Home Inspects, we're committed to helping every party understand their rights, obligations, and options under this law. If you're facing mold issues, planning inspections, or want guidance on compliance, please reach out—we want your living environment and business practices to be both safe and legally solid.
About the Author – Daisy Rezende
Daisy Rezende is the co-owner of Smart Home Inspects and Smart Home Radon, where she specializes in radon, mold-related, and water quality inspection work. Her verified credentials include NRPP Radon Measurement Professional, NRPP Soil Gas Mitigation Compliance Inspector, and Maryland water-sampler certification.
Her work focuses on clear measurement, careful documentation, and helping property owners and professionals understand the environmental information relevant to a property.
With a background that combines technical expertise and community leadership, Daisy brings clarity and professionalism to every inspection. Her mission is simple: to help clients understand their environment, protect their health, and make confident decisions about their properties.
About the Author – Emerson Rezende
Co-owner, Smart Home Inspects | Certified Master Inspector
Emerson Rezende is the co-owner of Smart Home Inspects and Smart Home Radon, a Maryland licensed home inspector since 2005, and a Certified Master Inspector with extensive experience in residential and commercial property inspections. He serves clients throughout Montgomery, Prince George's, Howard, and Frederick Counties in Maryland.
In addition to his general home inspection expertise, Emerson provides detailed evaluations that cover structural, mechanical, and environmental systems. His inspections are designed not only to identify issues, but also to give buyers, sellers, and property managers clear guidance on maintenance and next steps.
With his Certified Master Inspector designation and commitment to continuing education, Emerson sets the standard for quality and integrity in the inspection industry. He is passionate about ensuring every client walks away with peace of mind and the knowledge needed to make confident property decisions.