1. Landlord - Tenant
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  3. Landlord and Tenant Causes of Action: "When Things get Incorrect"

Take you been sued by your Landlord or Tenant? Would you like to asking that the Courts resolve a dispute between you and a Landlord/Tenant? Beneath is a list of common lawsuits betwixt Landlords and Tenants. Under each of the lawsuit headings, is also a list and description of mutual defenses (arguments by Defendant that show why a judgment should non be entered against him/her). Please click on the links for more information.

If you lot have been served with a complaint and summons. The most important affair to do is to show up at the date, time, and courtroom location stated on the summons. Failure to do so, may result in judgment being entered confronting you. For more information, read the article Rent Courtroom and Eviction Cases.

If y'all have additional questions, you lot tin talk to an attorney almost whatsoever problem concerning a dispute between you and a Landlord or Tenant. For more information, you lot can read; Getting Legal Aid in Maryland.

Larn more about Evictions and Failure to Pay Rent Cases During the Judiciary's Phased Reopening Plan

Common Lawsuits by Landlords and Tenants

Landlord Cause of Action

Tenant Causes of Action

Failure to Pay Rent: Tenant can be evicted for failing to pay hire.

Rent Escrow: Landlord must repair hazardous atmospheric condition on holding.

Alienation of Lease: Tenant tin can be evicted for a breach of lease.

Wrongfully Withholding a Security Deposit: Landlord can only withhold security eolith for certain reasons.

Wrongful Detainer: Evicting a "Squatter" or uninvited houseguest.

Breach of Covenant of Quiet Enjoyment: Serious disruption on holding, that interferes with Tenant'due south enjoyment of holding.

Property Over: Landlord tin evict Tenant who remains on property afterward lease has concluded.

Retaliation: Landlord cannot adios or reduce services of Tenant as a result of a Tenant complaint if complaint is in the last 6 months.

Lawsuits for Coin Damages later Tenant Leaves: Common suits include impairment to property, and money lost from Tenant breaking the lease.

Landlord Causes of Actions

Failure to Pay Hire

Definition: When a Tenant does not pay rent, a Landlord tin can ask the court to adios the Tenant and request money damages for hire, late fees and, courtroom costs. Landlord can file complaint immediately after Tenant fails to pay hire.

Landlord's Initial Steps to Take:

  1. File a Failure to Pay Rent-Landlord's Complaint (DC-CV-082).
    • The complaint must exist completely filled out and filed in the District Court of the county where the holding is located. The court will then issue a summons.
  2. Service of complaint and summons past posting and mailing, if action is only for repossession of property. For more data on service, delight read; Failure to Pay Rent.
    • Personal Service is required for a money judgment (getting the rent that is owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. Summons non conspicuously posted), or if the complaint is not completely filled out, the Courtroom may dismiss the action.
  • Payment: If Tenant makes payment earlier Courtroom date, then Tenant can bear witness up at Courtroom and request that the lawsuit be dismissed. Tenant also has the right to redemption, which means that even if there is a judgment against Tenant, he/she may make payment at any time before eviction occurs unless Tenant has a sure amount of judgments entered against him/her for failure to pay rent within the past 12 months (rules vary by county).
  • Failure to provide lead registration/certificate: If property is an "affected property," and so Landlord must take a electric current registration with Maryland Department of Environment (MDE), and the MDE inspection certificate or provide a valid reason for not doing so. You can cheque the complaint to run across if at that place is a atomic number 82 document number and check the Atomic number 82 Rental Registry Belongings Search to run across if property is currently registered. If the Landlord fails to comply, the court may non enter judgment against Tenant. For more information, delight read; Pb Paint Law: Rights and Obligations for Renters and Holding owners.
  • Failure to take a Landlord license/registration: Landlord must comply with local laws for licensing in order for the court to enter a judgment against Tenant.
  • Not-rent collection activity: Landlord may just asking money owed that is related to the payment of hire, late fees, and court costs.
  • Tenant is enrolled in Housing Selection Voucher Plan: Landlord cannot evict Tenant  if Housing Say-so failed to pay their portion of the rent. For more information, delight read; Special Issues for Subsidized and Public Housing Tenants.
  • Alienation of covenant of tranquility enjoyment: When there is a disturbance that seriously interferes with Tenants use and enjoyment of the property. Examples include; excessive noise by other Tenants, failure of Landlord to provide heat or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the property without a Court judgment. A landlord may not use "cocky-assistance" for an eviction.
  • Breach of warranty of habitability: Landlords must make repairs and fix atmospheric condition that are a serious threat to the life, wellness, or prophylactic of occupants. Examples include; lack of heat, h2o, electricity, and inadequate sewage disposal. Information technology is important to annotation, that the trouble cannot be minor or not-unsafe. Yous should notify your landlord immediately of whatever serious hazards on the property. If a Landlord fails to fix any serious hazards, the Tenant may use that as a defence force in a failure to pay rent lawsuit.

Remedies:

  • Eviction: A landlord must file a "Petition for Warrant of Restitution" after a judgment confronting Tenant is entered. For more information on the eviction process, please read; Hire Court and Eviction Cases.
  • Forbid right to redeem: If Tenant has a sure number of judgments against him/her for failing to pay rent, Landlord may adios even if Tenant wants to pay hire (rules differ past county).
  • Money damages
  • Attorney's fees may be available.

Breach of Lease

Definition: When a Tenant breaches the lease, the Landlord may request that the court evict of the Tenant. This process can only be used for seeking an eviction. For obtaining money amercement, please see; Lawsuits for Money Damages afterwards Tenant Leaves.

Landlord's Initial Steps to Take:

  1. Give detect of violation of lease. Landlord must give Tenant 30 days written detect before filing the Complaint, or 14 days written find for a breach of lease that causes a clear and imminent danger of serious harm to others or the property).
  2. If Tenant fails to leave property within 30 days, Landlord may file a Complaint and Summons Against Tenant in Alienation of Lease (DC-CV-085).  A copy of the notice must be attached to the complaint.
    • The complaint must be completely filled out and filed in the District Court of the county where the holding is located. The court will then issue a summons.
  3. Service of complaint and summons to Tenant by posting and mailing. For more data on service, please read; Breach of Lease.

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. summons not conspicuously posted), or if the complaint is non completely filled out, the Court may dismiss the activeness.
  • No notice: If Landlord does non provide written notice within the to a higher place described time period, then the courtroom volition non lodge an eviction.
  • Breach of lease is minor: A breach of lease must be substantial, in order for to exist an eviction. For example, a Tenant can make the statement that damage or loss to property was small, or that the alienation was a first violation involving a minor issue to prove that the alienation of the lease was non substantial.
  • Retaliation: Landlord threatens to file a lawsuit, evict, increase rent, or subtract services (electricity, heat, etc…) of Tenant as a upshot of Tenant's complaint of a violation relating to the property being leased. The complaint tin either be an informal complaint (telling landlord virtually a problem), or a complaint and/or judgment in court. Tenant'due south complaint must be within final 6 months to be considered retaliatory.

Remedies:

  • Eviction: If the courtroom finds that there is a breach of lease they volition issue an Club of Restitution, which orders the Sherriff to remove the Tenant from the property.
  • Attorney's fees may exist available.

Wrongful Detainer

Definition: A person living in Landlord's belongings without permission ("squatter" or uninvited firm guest). Landlord tin can file a lawsuit confronting person for money damages and eviction.

Landlord'south Initial Steps to Take:

  1. Complaint for Wrongful Detainer (DC-CV-089).
    • The complaint must be completely filled out and filed in the District Courtroom of the canton where the property is located. The court will and then effect a summons.
  2. If action is but for repossession of property, service by posting and mailing to Tenant is sufficient. For more data on service, please read; Wrongful Detainer.
    • Personal Service is required for a money judgment (damages caused by person living on holding and/or reasonable hire owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. summons not conspicuously posted), or if the Complaint is non completely filled out, the Court may dismiss the activity.
  •  Entitled to possession of property: If at that place is an agreement or written lease, which gives possession to the person, then a lawsuit for Wrongful Detainer is improper.

Remedies:

  • Eviction: If courtroom finds that the person is living on the property without permission, they will consequence an Order of Restitution, which orders the Sherriff to remove the person from the belongings.
  • Money amercement
  • Attorney'due south fees may be available.

Holding Over

Definition: When a Tenant remains on the property after the lease has expired, Landlord can file an action confronting Tenant for money damages and eviction.

Notation that if a Landlord has been granted possession of the holding past the courtroom in another type of Landlord/Tenant proceeding (Ex. Failure to Pay Rent or Breach of Lease), then a Complaint and Summons Against a Tenant Holding Over is non the proper method of evicting the Tenant. The procedures for eviction in those particular lawsuits should exist followed.

Landlord's Initial Steps to Take:

  1. Landlord must give Tenant xxx days written notice if at that place was a tenancy of definite duration (date stated on lease) or a month-to-month lease. Landlord must give 3 months written notice if there was a yr-to-yr tenancy.
  2. File a Complaint and Summons Against Tenant Belongings Over (DC-CV- 080).
    • The complaint must be completely filled out and filed in the District Court of the county where the property is located. The court volition then event a summons.
  3. If action is only for repossesion of property, service of complaint and summons to Tenant by posting and mailing is proper. For more data on service, please read; Property Over.
    • Personal Service is required for a money judgment (getting money that is owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. summons non conspicuously posted), or if the Complaint is not completely filled out, the Court may dismiss the action.
  • Improper observe: If Landlord does non send notice, the Court will dismiss the lawsuit for Property Over.
  • Existence of agreement to stay on property: If in that location is evidence that the Landlord has granted the Tenant permission to stay on the belongings later to charter expires, so a lawsuit for Holding Over is improper.

Remedies:

  • Eviction: If court finds that the person is living on the property without permission, they will outcome an Society of Restitution, which orders the Sherriff to remove the person from the belongings.
  • Coin amercement
  • Existence of lease: If at that place is a lease, and the Tenant owes rent money, the Landlord tin sue the Tenant for Failure to Pay Rent.
  • Attorney'south fees may be available.

Lawsuits for Money Damages subsequently Tenant Leaves

Definition: A Landlord may file a lawsuit for coin resulting from impairment to the property acquired by the Tenant that is across "ordinary article of clothing and tear."

A landlord may also claim coin amercement for a Tenant's alienation of the lease (ex. Tenant breaks the lease early; Tenant is liable for rent owed for the residue of the lease).

Landlord'southward Initial Steps to Have:

  1. File a complaint using the full general complaint form (DC-CV-001).
    • If the complaint is for less than $five,000, it is considered a "Small Claim," and the court rules are more breezy.
    • If the Complaint is for more than $five,000, it is considered a "Large Claim." For more information, please read; The Divergence Betwixt Large Claims and Small Claims.
    • The complaint must exist completely filled out and filed in the District Courtroom of the county where the holding is located. The courtroom will and so result a summons.
  2. Personal Service is required.

Tenant's Initial Steps to Take:

  1. Tenant must file a "Notice of Intention to Defend" that can be establish at the lesser of the summons. For more information, please read; Prepare your Case and Defend Yourself.
  2. Tenant may file a counterclaim if Tenant thinks that Landlord owes money. For instance, if Landlord is claiming that Tenant damaged property, and is withholding Tenant'south security deposit, simply Tenant believes that there is no damage to property, Tenant can file a counter merits for Wrongfully Withholding a Security Eolith. For more information on counterclaims, delight read; File a "Counter Claim."

Tenant Defenses:

  • Harm to Holding
    • Procedural defect in service/complaint: If the Tenant was non properly served, or if the Complaint is not completely filled out, the Court may dismiss the action.
    • Security eolith covered damages: If the security deposit that the Tenant gave Landlord when the lease was signed covers the damages to property, then Landlord already has a remedy, and the lawsuit should be dismissed.
    • Ordinary clothing and tear: A landlord may not accuse a Tenant for damages that result from "ordinary wear and tear." This is a common sense rule. For example, the Landlord may not charge a Tenant to supersede a rug that is worn from use over time, or to repaint walls because in that location are small-scale holes where pictures were hung. Status of the property at the fourth dimension it was rented, and how long the tenant lived on the holding are besides relevant factors.
  • Breach of lease
    • Mitigation of damages: When a Tenant breaks a charter before it ends, by and large the Tenant is liable for the remainder of the lease term. However, the Landlord must brand reasonable efforts to find a new Tenant. If the Landlord does non, and then he cannot collect unpaid rent that is owed.
    • Effective Eviction: When there is a disturbance that seriously interferes with Tenants use and enjoyment of the Property. Examples include excessive noise by other Tenants, failure of Landlord to provide estrus or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the property without a Courtroom judgment. A landlord may not apply "cocky-aid" for an eviction.
    • Security eolith covered hire owed: If the security deposit covers the rent that is owed, then Landlord already has a remedy, and the lawsuit should be dismissed.

Remedies:

  • Coin Damages
  • Attorney'due south fees may exist available.

Tenant Causes of Actions

Hire Escrow

Definition:

A Landlord is required to repair and eliminate conditions that are a serious threat to life, health, or safe of occupants (for more information on specific articles please read Rent Escrow. If there is a unsafe status, the Tenant should not withhold rent from the Landlord. The Landlord can bring an action for Failure to Pay Rent. The proper style to get a Landlord to ready a dangerous status, is to file a Complaint for Hire Escrow. The Tenant will pay hire in to an "escrow account," that is set up past the Court, until the Landlord fixes the dangerous condition.

Tenant'south Initial Steps to take:

  1. Give notice to Landlord: Inform landlord of trouble. Can be breezy (letter, in person, by phone, etc.…). Written notice is recommended.
  2. Give Landlord reasonable time to make repairs.
    • If Tenant is enrolled in Housing Selection Voucher Program; asking that Housing Authority inspect the belongings. For more than data, please read; Special Issues for Subsidized and Public Housing Tenants.
  3. File a Complaint for Hire Escrow (DC-CV-083).
    • The complaint must be completely filled out and filed in the District Courtroom of the canton where the property is located. The court will then consequence a summons.

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Courtroom may dismiss the action.
  • No Discover: If a Landlord never received notice of the problem, the court can either postpone or dismiss the activeness.
  • No reasonable fourth dimension to repair: Tenant must give Landlord reasonable time to repair. The more than serious the trouble, the longer it may take to repair.
  • Repairs fabricated: Landlord has fixed the serious problem.
  • Landlord not allowed entry on to holding: After Tenant gives Landlord detect of the problem, the Tenant must allow Landlord or his/her repair persons on to the holding.
  • Problem with property is not a hazardous condition: Problem on holding must be a serious threat to life, health, or safety of occupants. Problem cannot be minor or cosmetic.
  • Tenant caused serious problem to property: If the Tenant caused the damage to the property, the Landlord is not responsible for repairing it.
  • Court entered judgments for failure to pay rent: Information technology the court has entered three or more judgments against the Tenant for failing to pay rent in the last 12 months, the court will not upshot a rent escrow gild. Specific rules vary by County.

Remedies:

  • Serious defect repaired: The landlord will repair the serious problem afterward the court problems a rent escrow order and sets upward a rent escrow business relationship. The Landlord has 90 days to make repairs to the holding. During this time, it is important to; (1) permit Landlord or repairpersons on to property to brand repairs, and (two) pay hire in to escrow account. Failure to do and so, may outcome in stopping the rent escrow activeness early.
  • Rent Escrow: If landlord fails to make repair inside half-dozen months, you tin request that the court give you lot the coin paid in to the escrow account. You tin also request money from the escrow account, if you spent your own money making repairs.
  • Termination of lease (effective eviction): If the courtroom finds that the defects are a serious problem, you tin can ask the courtroom to end the charter, and you will non exist responsible to pay whatsoever future rent due.
  • Relocation if repairs take long menses of fourth dimension: If the repairs will accept a long time to repair, you can ask the courtroom to have the Landlord pay for a temporary relocation, while the repairs are being made.
  • Rent Abatement: You lot can the Court for a reduction in rent, if the condition on the property is very serious.
  • Attorney'south fees may be available.

Wrongfully Withholding a Security Eolith

Definition: The Landlord may continue whatsoever portion of the security deposit for unpaid rent, amercement due to alienation of lease, or damage to the belongings that is in excess of "ordinary habiliment and tear."

"Ordinary wear and tear" is a mutual sense rule. For example, a Landlord may not charge a Tenant to supercede a carpet that is worn from use over time, or to repaint walls that take small-scale holes in the walls where pictures were hung. Condition of the holding at the time it was rented, and how long the tenant lived on the property are too relevant factors.

The Landlord must send a written argument of damages to the Tenant inside 45 days after the lease has ended. If a Tenant disagrees with the statement of damages, or the Landlord fails to send a written statement of damages, a Tenant may file a lawsuit against Landlord.

Tenant's Initial Steps to take:

  1. File a complaint using the general complaint form (DC-CV-001).
    • If the complaint is for less than $5,000, it is considered a "Modest Claim," and the court rules are more than informal.
    • If the Complaint is for more than than $five,000, it is considered a "Large Claim." For more than information, please read; The Difference Between Big Claims and Modest Claims.
    • The complaint must exist completely filled out and filed in the Commune Courtroom of the county where the belongings is located. The court volition and so effect a summons.
  2. Personal Service is required.

Landlord's Initial Steps to Take:

  1. Landlord must file a "Observe of Intention to Defend" that tin can be found at the lesser of the summons. For more information, delight read; Set your Case and Defend Yourself.
  2. Landlord may file a counterclaim if Landlord thinks that Tenant owes money. For more data on counterclaims, delight read: File a "Counter Merits."

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was non properly served, or if the Complaint is not completely filled out, the Court may dismiss the action.
  • Observe requirements met: If the Landlord sent a written statement of damages within 45 days from the end of the lease, then the Tenant cannot claim that notice was improper.
  • Withholding Security Deposit was reasonable: If security deposit was withheld with reason, the court may allow the Landlord to keep all or a portion of the security deposit (merely some of the damages that were claimed were reasonable).

Remedies:

  • Render of Security Deposit: Tenant may exist entitled to the return of all or a portion of the security deposit, plus interest.
  • Triple damages: If the courtroom finds that there was no reasonable basis to withhold a security deposit, the court may honour the Tenant triple the value of the security deposit.
  • Attorney's fees may be bachelor.

­­­­­­­­­­­­­­­­­­­

Breach of Covenant of Quiet Enjoyment

Definition: When there is a disturbance that seriously interferes with Tenants use of the Holding. Examples include excessive dissonance by other Tenants, failure of Landlord to provide heat or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the property without a court judgment. A landlord may not apply "cocky-assistance" for an eviction.

Initial Steps to take:

  1. Discover to Landlord.
  2. Reasonable opportunity for Landlord to fix.
  3. Petition for Injunction (DC-CV-083).
    • The complaint/petition must exist completely filled out and filed in the Commune Courtroom of the county where the belongings is located. The court volition then issue a summons.

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Court may dismiss the activeness.
  • No Notice: If a Landlord never received notice of the problem, the courtroom tin either postpone or dismiss the action.
  • No reasonable time to repair: Tenant must requite Landlord reasonable time to fix the problem. The more than serious the problem, the longer it may accept to repair.
  • The disturbance is minor: The disturbance must seriously interfere with Tenant's enjoyment. It cannot be a mere annoyance.

Remedies:

  • Landlord fixes problem: Court tin order the Landlord to fix the trouble. If there is an illegal lockout, the Courtroom can also lodge that the Tenant be  granted entry on to the belongings again.
  • Termination of charter (constructive eviction): If the court finds that the problem is serious or the Landlord has failed to ready it, you can ask the courtroom to terminate the lease, and you will not be responsible to pay any future hire due. Y'all can as well ask the court for moving expenses, and ask the Landlord to pay the difference betwixt a new rental and the Tenant's previous rent owed.
  • Attorney's fees may be available.

Retaliation

Definition: Landlord threatens to file a lawsuit, adios, increment rent, or subtract services (electricity, heat, etc…) of Tenant as a result of Tenant's complaint of a violation relating to the property beingness leased. The complaint can either be an informal complaint (telling landlord nigh a problem), or a complaint and/or Judgment in court. Tenant's complaint must be within terminal half dozen months to be considered retaliatory.

Initial Steps to take:

  1. General complaint form (DC-CV-001).
    • If the complaint is for less than $5,000, it is considered a "Small Claim," and the court rules are more informal.
    • If the Complaint is for more than $5,000, it is considered a "Large Claim." For more than information, please read; The Difference Between Large Claims and Small Claims.
    • The complaint must be completely filled out and filed in the Commune Court of the county where the belongings is located. The court will then outcome a summons.
  2. Personal Service is required.

Landlord'due south Initial Steps to Take:

  1. Landlord must file a "Notice of Intention to Defend" that can be found at the bottom of the summons. For more data, please read; Ready your Case and Defend Yourself.
  2. Landlord may file a counterclaim if Landlord thinks that Tenant owes money. For more information on counterclaims, delight read: File a "Counter Claim."

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Court may dismiss the activeness.
  • Denial of Retaliation: Defendant may merits that at that place was no complaint in the past six months, or that there was no reduction of services. Eviction past Landlord was based upon lawful reasons.

Remedies:

  • Money amercement: Tenant may ask for up to three months rent.
  • Attorney'due south fees may be available.

Source

Written by Cole Pototsky, People's Law Library Fellow.

Last Updated: Tue, 03/08/2022 - 9:31 am

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