Serious
Health/Safety Issues
|
Description
of problem
|
Property
is a fire hazard or a serious threat to life, health
or safety.
(Minor defects not covered under law.) |
|
Preliminary
Action
Prior
to taking court action, tenant
is required to take certain preliminary
actions.
When
preliminary
action is required, tenant must prove action was
legally taken. Documentation must be presented
in court.
|
Condition
must pose serious threat to life,
health or safety.
1. Request inspection from Dept. of Health or
Housing. If inspector finds a violation, inspector issues a violation
notice to landlord. If violations are found, ask the court clerk
how to subpoena the inspector to appear in court.
2. Notify landlord about the problem by certified
mail.
3. Allow landlord sufficient time to correct problem.
Court
considers severity of problem in determining
the length of time needed to fix problem. A reasonable
time frame is generally considered to be less
than 30 days.
|
Court
Action
Fill out forms carefully; inaccurate information,
such as wrong name or address, may cause case to
be dismissed or delayed.
|
File Petition
for Rent Escrow/Injunction (DC/CV 83)
against landlord.
Serve
landlord with complaint summons/notice. How
to serve a notice legally
|
Optional
Action and Considerations
In
certain instances, different actions may be taken.
The court does not decide which action should
be taken.
Please
consider the potential consequences of actions.
|
Tenant
may refuse to pay rent and wait for landlord to
sue in rent court;tenant may raise conditions as
defense. Preliminary actions are still required.
If
you withhold rent and landlord wins, you may
be required to pay back rent and other fees.
|
| Tenant
Must Prove |
1.
You notified landlord of problem.
2. Hazard poses substantial risk to health and safety.
3. You allowed landlord sufficient time to correct problem. |
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Quiet
Enjoyment Covenant (Excessive noise)
|
Description
of problem
|
A
tenant has the right to quiet enjoyment of rented
property, free from persistent noise or ongoing disturbances
caused by the landlord or other tenant(s). |
Preliminary
Action
Prior to taking court action, tenant is
required to take certain preliminary actions.
|
1. Notify
landlord about the problem by certified
mail.
2. Allow landlord sufficient time to correct problem. |
Court
Action
Fill out forms carefully; inaccurate information,
such as wrong name or address, may cause case to
be dismissed or delayed.
|
File
Petition for Rent Escrow/Injunction
(DC/CV83) against landlord.
Serve
landlord with complaint summons/notice. How
to serve a notice legally
|
Optional
Action and Considerations
In
certain instances, different actions may be taken.
The court does not decide which action should
be taken.
Please
consider the potential consequences of actions.
|
1.Tenant
may refuse to pay rent and wait for landlord to
sue in rent court; raise conditions as defense.
Preliminary actions are still required.
If you withhold rent and landlord wins, you may be required to
pay back rent and other fees.
2. Tenant may move out and file Petition for Injunction.
If
you move out, you may (1) wait for landlord to
sue you for breach of lease or (2) sue landlord
for damages, repayment of deposit and release
from lease.
If
you move out and landlord wins, you may be held
to the terms of lease.
|
| Tenant
Must Prove |
1.
You notified landlord of problem.
2. Disturbance posed substantial breach of quiet enjoyment covenant.
3.You allowed landlord sufficient time to correct problem.(Court
considers severity of problem in determining the length of time needed
to fix problem. A reasonable time frame is generally considered to
be less than 30 days.) |
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Illegal
Entry by Landlord
|
| Description
of problem |
Landlord
enters premises illegally. |
Preliminary
Action
Prior to taking court action, tenant is required
to take certain preliminary actions. |
A
landlord has right to fair and reasonable entry,
upon request. Check lease; lease may provide landlord
with certain legal rights of entry. |
Court
Action
Fill out forms carefully; inaccurate information,
such as wrong name or address, may cause case to
be dismissed or delayed.
|
File
criminal action for trespassing; call police. |
Optional
Action and Considerations
In
certain instances, different actions may be taken.
The court does not decide which action should
be taken.
Please
be aware of the potential consequences of actions.
|
File
Petition for Injunction (DC/CV83) against
landlord, using the quiet enjoyment covenant. |
| Tenant
Must Prove |
Landlord
entered premise illegally |
Failure
to Return Security Deposit
|
| Description
of problem |
Landlord
does not return security deposit. A landlord should
return the security deposit with interest, within
45 days of the legal end of tenancy, provided there
are no reasons for it to be withheld. |
Preliminary
Action
Prior to taking court action, tenant is required
to take certain preliminary actions. |
Tenant
must wait 45 days from end of tenancy before filing.
If landlord sends tenant written notification of
reasons for withholding deposit, tenant may file
immediately. |
Court
Action
Fill out forms carefully; inaccurate information,
such as wrong name or address, may cause case to
be dismissed or delayed.
|
1.
File Civil Complaint (Form DC/CV1), a Small
Claims action. See Small
Claims for additional information.
2. Serve landlord with complaint summons/notice. How
to serve a notice legally |
| Tenant
Must Prove |
1.
You made deposit.
2. Landlord did not notify you about
withholding deposit.
3. You terminated your lease legally. |
| Considerations |
Landlord
liable for three times amount of deposit, plus reasonable
attorney’s fees. |
|
|
| Description
of problem |
A
landlord may sue tenant for failure to pay rent,
failure to vacate premises, breach of lease and damages
to property. Each one of these actions may lead to
the eviction of the tenant and claims for damage.
A tenant has the right to defend against legal actions
taken by landlord in court.
See additional information regarding the Servicemember Civil Relief Act if any tenant is in the military. |
Preliminary
Action
Prior to taking court action, tenant is required
to take certain preliminary actions. |
You
may try to reach a new agreement with landlord and
get landlord to drop the case. |
Court
Action
Fill out forms carefully; inaccurate information,
such as wrong name or address, may cause case to
be dismissed or delayed.
|
None
required by tenant; simply appear
in court for trial. |
| Tenant
Must Prove |
You
must defend your actions in court. |
| Considerations |
Landlord
wins case if you fail to appear; eviction may result. |
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How
to serve notice
The summons/complaint must be delivered or served to the person named
in the court process within a specified time-frame and in a legal manner.
Notice may be served with:
1. Sheriff or constable posting form in a conspicuous place and by first-class
mail sent by sheriff or constable.
2. Personal service, where sheriff or constable attempts to personally
deliver notice to landlord. Personal service requires an additional fee;
personal service must be used if monetary judgment is sought.
Frequently
Asked Questions
Do
I need a lawyer?
An attorney may be helpful in advising you about your case and representing
you. However, individuals are not required to have a lawyer. Many individuals
who bring cases before the District Court represent themselves. Many
lawyers offer low-cost consultations that will help you defend yourself
in court. Check with the local Bar Association for a list of these lawyers.
(In most cases, corporations and
other business entities are required to be represented by an attorney)
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What
happens in court?
If one party doesn't appear, the Court may postpone the trial, issue a judgment, or dismiss the case.
If both the landlord and tenant appear, the court may:
• listen to both parties present their version of the dispute. If the court
rules in favor of the landlord, the court may issue an Order of Possession. In
certain limited circumstances, the court may enter a monetary judgment in the
amount of the rent due and the costs of the suit
• postpone the trial to allow either party to obtain necessary witnesses
If one party doesn’t appear, the court may postpone the trial,
issue a judgment, or dismiss the case.
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What
should I bring to court?
Both parties should bring all court documents and evidence to support
their respective claims. Evidence may include the lease, accounting records, cancelled checks, photographs and other appropriate documents.
How do I request a postponement?
Requests for a postponement by either the landlord or tenant must be
made in writing before the trial date. The person requesting the postponement must mail a copy of their request to the opposing party and certify in writing that they have done so.
Can
the tenant be evicted if the rent is paid?
In most cases the tenant cannot be evicted if the amount the court decided
was due, plus court costs, is paid prior to the eviction. Payment to
the landlord must be in cash, certified check or money order.
Exceptions: If a tenant has had three judgments of possession
(four judgments in Baltimore City) filed against him/her during the twelve
months before the current suit, a landlord may request that the court
deny the tenant’s right to redeem the property. The landlord must
provide the court with a list of prior case numbers and judgment dates.
If the judge grants the request, the tenant may be evicted even if he/she
pays the rent due.
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Can
a tenant who cannot pay obtain assistance?
Any tenant who cannot pay past due rent should talk to his/her landlord
and attempt to work out a reasonable schedule of payments. The Department
of Social Services may help.
How
is a case appealed?
The tenant and the landlord have the right to appeal a judgment. To appeal,
an Order of Appeal must be filed within a specified time frame.
The time frame varies, depending upon the type of case - in failure to pay rent cases, within 4 working days; in all other actions for possession, 10 calendar days including weekends and holidays. If the court is closed on the last day for filing an appeal, it may be filed by close of business on the next day the court is open. The appeal will
be heard in circuit court. When a tenant files the appeal, a bond is
required to stop an eviction. This does not, however, postpone payment
of future rent. The landlord may file another claim for rent due during
the time the appeal is being processed.
How
do I file for housing discrimination?
If you believe that you have been the victim of housing discrimination,
you may file a written complaint with the Secretary of the Department
of Housing and Urban Development (HUD) within one year after the discriminatory
act occurred.
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What are your rights to a jury trial?
There are no jury trials in District Court. However, if the amount claimed
by a landlord is more than $10,000, or the tenant’s interest in
the lease exceeds $10,000, either party may request a jury trial.
Landlords must request a trial in writing when filing court forms. Tenants
must make their requests in writing prior to the date of the District
Court trial. Jury trials are transferred to the circuit court. Circuit
court procedures may differ from those described within this page.
See Landlord/Tenant brochure for information on landlord actions against tenant.
What
if I have problems with my neighbors?
If you have a problem with a neighbor, try speaking with the neighbor
in a friendly manner. Document your complaints with the landlord. If
you cannot resolve the dispute, you may take the neighbor to court or
consider the District Court’s Alternative
Dispute Resolution Program (mediation.)
Mediation provides a less formal, less time consuming and less costly
alternative to court. A trained mediator works with both sides to resolve
the problem and come up with a mutually agreeable solution. Mediation
is more likely to result in a win-win situation for both parties.
If mediation proves unsuccessful, you may still seek resolution in court.
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Information contained in this web page is intended to inform the public and not serve as legal advice. This web page is subject to unscheduled and unannounced revisions. Any reproduction of this material must be authorized by the Office of the Chief Clerk of the District Court of Maryland.
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