Section Nine: Innkeeper-Boarder Relations
DISTINGUISHING FROM LANDLORD-TENANT RELATIONSHIP
Maryland law has established a variety of safeguards for the renter in the landlord-tenant relationship. The codified law, however, remains largely silent on the question of boarder (roomer) rights and protections. This makes it important to be able to distinguish between the two.
The most characteristic aspect of the landlord-tenant relationship is the tenant’s right of exclusive possession of the leased premises. The tenant therefore has the general responsibility of cleaning and taking care of the apartment (except for major repairs or housing code violations). The boarder or roomer, on the other hand, merely has the right to use the premises; it is the owner who retains possession and responsibility for the day-to-day care of the dwelling. The courts examine the factual circumstances of each case to decide who actually has the exclusive possession of the unit.
Another consideration is the physical separation of the rental unit from the owner’s private dwelling. If the locations are identical, the general assumption is that an innkeeper-boarder relationship has been created. However, a lack of common facilities or the existence of a private entrance would indicate a separation and might demonstrate the establishment of a landlord-tenant relationship.
Identifying the party responsible for providing certain services, such as maid, linen, or phone services is another factor. In the landlord-tenant relationship, it is generally the tenant who assumes these responsibilities. In so doing the tenant restricts the purposes for which the landlord is authorized to enter the premises and thus strengthens the tenant’s case for the right of exclusive possession. Conversely, in the innkeeper-boarder relationship, the innkeeper usually is responsible for providing these services and is therefore authorized to enter the boarder’s room more frequently and easily.
Often the intent of the parties involved will determine the relationship. If the rental agreement uses the words landlord, tenant, rent and/or apartment, the courts will generally determine that the intent was to create the landlord-tenant relationship. Clauses in the agreement that require the renter to clean and maintain the premises similarly indicate the creation of the landlord-tenant relationship. Finally, it is important to realize that no one factor is controlling in the identification of a rental relationship. Each individual case must be identified on the basis of all the factors involved.
DIFFERENCES IN THE LAW
Evictions: Unless the rental agreement specifically states otherwise an innkeeper may evict a boarder at any time. The protection against retaliatory evictions afforded tenants does not apply to boarders.
Security Deposits: The boarder is not protected by Maryland law from misuse of the security deposit. The innkeeper need not pay interest on the deposit, notify the boarder of deductions within thirty days or even return the deposit within a certain period.
Rent Increases: Most rent control laws and notice requirements for rent increases do not apply. The amount of money paid by a boarder may generally be increased at the discretion of the innkeeper, unless otherwise agreed.
Housing Codes: Housing codes do not necessarily apply. However, some jurisdictions do regulate some aspects of boarding houses under their housing codes. For example, Montgomery County and the cities of Baltimore and College Park require rooming houses to be kept in a clean and sanitary condition and require annual licensing and inspections to enforce compliance. Innkeepers in these areas must also provide and maintain safe and unobstructed exits to ground level.
Separate bathroom facilities are required for every six occupants in College Park and Montgomery County and every ten occupants in Baltimore City. College Park and Baltimore City also require changes of supplied bed linen and towels at lease once per week.
In Montgomery County, innkeepers must follow the same regulations as landlords concerning hot water and disposal of garbage and rubbish.
In Baltimore City, rooming houses are also subject to the same heat, light ventilation, hot water, plumbing and space requirements as required by the housing code for all dwellings (See Section 6).
TIPS FOR BOARDERS
This lack of protective rights in state codified law does not necessarily mean that one should never enter into an innkeeper-boarder relationship. In such a case, it is important, first, that the individual be aware of the nature of the rental relationship, and second, that s/he attempts to secure some degree of protection from arbitrary action on the part of the innkeeper.
Ideally, the written rental agreement should contain the specific rights and duties of each party. Specifically, the boarder’s rental agreement should state that neither party can terminate the rental without 30 days prior notice to the other party. Such a statement would protect the boarder from arbitrary and untimely evictions. The agreement should also contain a provision establishing a similar 30-day notice for all rent increases. In addition, if a security deposit is to be paid, the agreement should also set forth the terms of its use and return (see Section 4 on The Security Deposit).
If any irresolvable disputes arise over the physical condition or maintenance of rooming houses, the boarder should contact the local housing inspectors for the town or municipality to check for any possible ordinance violations. As in renting an apartment, the potential boarder can learn much about the condition of the unit and the attitude of the management by undertaking a thorough inspection of the premises and talking with the current boarders before signing any agreement or moving into any rooming house. The nature of the innkeeper-boarder relationship inherently involves less privacy and closer living arrangements with the owner and other boarders, so the potential boarder should attempt to find out all of the "unwritten rules of the house" at the outset.
