Cal. Civ. Code § 8-406
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) (1) This section applies only in a county, a municipality, or any other jurisdiction that requires a license for the lawful operation of residential rental property. (2) This section does not apply to an action to repossess under § 8–402.1(a)(1)(i)2B of this subtitle. (b) On the filing of a written complaint to repossess residential property under § 8–401, § 8–402, or § 8–402.1 of this subtitle or under Subtitle 9 of the Code of Public Local Laws of Baltimore City, the landlord shall plead with supporting facts in the form prescribed by the Judiciary that the property is: (1) Licensed in compliance with applicable local rental licensing requirements; (2) Exempt from applicable local rental licensing requirements; or (3) Unlicensed for reasons described under subsection (c)(1)(iii), (iv), or (v) of this section. (c) (1) At trial, the landlord must demonstrate by a preponderance of the evidence that the property listed in the written complaint is: (i) Licensed in compliance with applicable local rental licensing requirements; (ii) Exempt from applicable local rental licensing requirements; (iii) Not licensed in compliance with applicable local rental licensing requirements because of a wrongful act of the tenant, regardless of intention, that caused the licensing authority to suspend, revoke, or refuse to grant or renew the rental license; (iv) Not licensed in compliance with applicable local rental licensing requirements because an administrative error or omission by the licensing authority caused the licensing authority to suspend, revoke, or refuse to grant or renew the rental license; or (v) Part of a multi–unit property not licensed in compliance with local rental licensing requirements because of a condition affecting another unit in the multi–unit property and where: 1. There is one license for multiple units; 2. The property listed in the written complaint and the surrounding common areas: A. Satisfy the inspection requirements of the local licensing authority; and B. Are free of defects that threaten the life, health, or safety of the tenant; and 3. The landlord has taken all necessary steps to obtain or renew the rental license for the property but is unable to obtain or renew the license due to a condition affecting another unit not subject to the eviction action on the multi–unit rental license. (2) The court shall grant one postponement in the event that a party seeks additional evidence related to the assertion in paragraph (1) of this subsection. (3) To satisfy the requirements of this subsection, a landlord may provide electronic proof of licensure.
Maryland Code § 8-406 establishes that in jurisdictions requiring rental licenses, a landlord who files a complaint to repossess residential property must affirmatively show that the property is properly licensed, exempt from licensing, or that any licensing deficiency falls into a narrow set of recognized exceptions—such as a tenant's wrongful act, an administrative error by the licensing authority, or a condition in another unit of a multi-unit building. The burden falls on the landlord to prove compliance by a preponderance of the evidence at trial. Courts are required to grant one postponement if either party needs additional time to gather evidence on the licensing question, and electronic proof of licensure is an accepted form of documentation.
Plain English — not legal advice.
Under § 8-406, operators of residential rental property in jurisdictions with local licensing requirements must be prepared to plead and prove their property's licensing status at the outset of any repossession proceeding. A compliant operator generally maintains current licensure, keeps documentation readily accessible—including electronic records—and ensures that any application for renewal is filed well before expiration so that gaps in licensure do not arise at the time a complaint is filed. Where a property is part of a multi-unit building and a licensing issue stems from a condition in a different unit, operators generally document the steps taken to pursue licensure and confirm that the specific unit at issue and its surrounding common areas meet inspection standards and are free of life, health, or safety defects.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-406 gives tenants in licensed jurisdictions a meaningful procedural protection: a landlord cannot successfully pursue a repossession action without first demonstrating that the rental property meets local licensing requirements or qualifies for a recognized exception. If a landlord cannot make that showing, the licensing deficiency may serve as a basis to challenge the repossession complaint. Tenants who believe their unit may be unlicensed can look into local rental licensing records, raise the issue in court proceedings, or reach out to a local tenant-rights organization for general information about how this provision has been applied in their jurisdiction.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.