If a landlord is trying to make a tenant leave their home without going through the court, that is not just unfair, it may be illegal. In Maryland, tenants have important protections against “self-help” evictions, which happen when a landlord attempts to force someone out without a court order.
What are considered illegal eviction tactics?
In Maryland, a landlord cannot simply lock a tenant out. The law strictly prohibits landlords from taking matters into their own hands. Changing the original locks, cutting off water and electricity and removing belongings from the residence are all examples of prohibited self-help eviction tactics. These actions are intended to force a tenant out and directly violates the state law.
Generally, a landlord may remove a tenant from a property only by obtaining a court order, typically a Warrant of Restitution executed by a sheriff or court constable. The only exception is when a tenant has clearly abandoned or voluntarily surrendered the property. In that case, the landlord may be able to retake possession without going through the formal eviction process.
What are the rights of a Maryland tenant?
Tenants in Maryland possess clearly defined legal rights:
- The right to a formal eviction process: A landlord must obtain a judgment from the District Court before an eviction can occur.
- The right to receive proper written notice: Before filing for eviction, a landlord must typically provide the tenant with formal written notice.
- The right to a safe and habitable living space: A landlord cannot constructively evict a tenant by refusing to make necessary repairs or maintain a livable environment.
These protections provide tenants with the legal grounds necessary to contest wrongful evictions, file counterclaims for damages or request a stay of execution from a judge.
What are the immediate steps to take after a self-help eviction?
If a tenant believes their landlord is attempting an illegal eviction, they should act quickly to protect their rights. First, they must document everything by taking photos or videos, saving all emails or text messages and keeping a detailed log of events. Next, the tenant must inform the landlord in writing that their actions are illegal. Finally, tenants can better protect themselves from unlawful removal by seeking legal help.