Deduction from rent for utility payments by tenant owed by landlord

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Affected dwelling unit” has the meaning stated in § 7–309 of the Public Utilities Article.

        (3)    “Landlord” has the meaning stated in § 7–309 of the Public Utilities Article.

        (4)    “Tenant” has the meaning stated in § 7–309 of the Public Utilities Article.

        (5)    “Utility service” has the meaning stated in § 7–309 of the Public Utilities Article.

        (6)    “Utility service provider” has the meaning stated in § 7–309 of the Public Utilities Article.

    (b)    A tenant may deduct from rent due to a landlord the amount of payments made to a utility service provider for utility service if:

        (1)    An oral or written lease for an affected dwelling unit requires the landlord to pay the utility bill; and

        (2)    (i)    The tenant pays all or part of the utility bill, including payments made on a new utility service account; or

            (ii)    The tenant pays any security deposit required to obtain a new utility service account.

    (c)    A tenant’s rights under this section may not be waived in any lease.


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