Natural disasters like floods, fires or severe storms are devastating enough without the added fear of losing your home in Maryland. However, some landlords may use these catastrophic events to bypass legal procedures to remove tenants quickly.
Fortunately, your tenant rights do not disappear when a disaster strikes. Understanding your landlord’s legal obligations toward you can help you safeguard your residency.
Why your landlord cannot force you to leave
In Maryland, it is strictly illegal for a landlord to remove you as a tenant by themselves. These “self-help” evictions include doing the following without your consent:
- Changing your locks
- Shutting off your utilities
- Removing your belongings
Your landlord can only evict you after following the proper legal process and obtaining a Warrant of Restitution. Without following those steps, your removal as a tenant is generally unlawful.
Understanding habitability vs. lease termination
If there was property damage after a disaster but the residence remains habitable, your lease stays in effect. Your landlord has to provide you with sufficient legal notice if they claim the building is unfit for human habitation and want you to leave.
In Maryland, landlords have to inform you at least 60 days before ending your lease. They cannot just tell you to move out overnight, especially if the building is mostly intact after a fire or storm.
How to challenge an unlawful eviction
In case your landlord tries to kick you out illegally, documenting everything can serve as vital evidence. Taking photos of the place, saving all exchanges with the landlord and recording their attempts to evict you can strengthen your case.
You can use the proof you compile when filing an injunction to stop your landlord’s self-help eviction and let you back into your home. A lawyer can help you prepare the required documents and navigate the legal process.
Protecting your home
Even in the aftermath of a calamity, your landlord cannot legally evict you without the proper court procedures. By staying informed and standing your ground, you can ensure the protection of your rights to stay in your residence.