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Gaithersburg staff says new state tenant-possession law already applies locally; city to publish landlord and tenant guidance
Summary
City staff told the council that House Bill 767 (Tenant Possessions Recovery Act), effective Oct. 1, 2025, is already incorporated into Gaithersburg’s Chapter 13 and that Neighborhood Services will circulate guidance to landlords and tenants in English and Spanish.
City staff briefed the Gaithersburg mayor and city council on Oct. 6 about changes under the Tenant Possessions Recovery Act (HB 767), which went into effect Oct. 1, 2025, and said the city’s recently adopted Chapter 13 already incorporates the law so no code amendment is required.
Tom Lonerganseager explained that HB 767 adds protections for renters, including requiring landlords to provide written notice at least six days before a sheriff executes a warrant of restitution. Staff said acceptable notice includes first-class mail with certified mailing, a dated photo of a posted notice on the door, and electronic notice if available; notice must include case information, eviction date, redemption rights, landlord contact and a warning about potential loss of belongings.
The law also provides a 10-day period after repossession for tenants to reclaim property at no charge; after that, unclaimed items may be treated as abandoned. Warrants expire if not acted upon within 60 days, and evictions must pause during extreme weather conditions. Lonerganseager said the city's Chapter 13, which references Maryland’s real property provisions, already brings these state protections into local enforcement.
Neighborhood Services is preparing a bulletin for licensed rental landlords and property managers summarizing the new requirements and a tenant handout in English and Spanish explaining the law. The materials will be posted on the city’s rental housing webpage; staff named Neighborhood Services and the public information office as points of contact for outreach.
Councilmembers asked whether the city could adjust the state-prescribed notice period; staff replied the state law sets a six-day minimum but local code could be changed to extend notice up to 14 days or reduce it to as few as four days if council chooses to amend the local ordinance. Staff also confirmed that local enforcement mechanisms — municipal infractions or referral to the Commission on Landlord Tenant Affairs — are available for violations of the state and local provisions.
Staff encouraged landlords and tenants with questions to contact Neighborhood Services for more information.
