In formation for Tenants

FREQUENTLY ASKED QUESTIONS

DO I NEED A LAWYER?

In some instances, corporations and certain

other business entities must be represented by

an attorney. Otherwise, you are not required to

have a lawyer, although one could be helpful to

you.

WHAT HAPPENS IN COURT?

When both sides appear: the Court will hear

both sides of a case and make a decision. If the

landlord wins, the Court will enter a judgment of

possession, and if there was personal service on

the tenant, the Court may also issue a money

judgment in the amount of rent and costs due.

When the landlord fails to appear: the Court

will most likely dismiss the case.

When the tenant fails to appear: the Court will

most likely enter a judgment in favor of the

landlord.

WHAT SHOULD I BRING WITH ME TO

COURT?

You should bring all of your evidence,

that is, whatever you have that you believe

would support your claim or defense.

HOW DO I REQUEST A

POSTPONEMENT?

You should make your

request in writing prior to the court date, send a

copy of your request to the opposing party, and

certify that you have done so. However, you

may also request a postponement in court on

the trial date.

HOW DOES THE EVICTION PROCESS

WORK?

In a Failure to Pay Rent case, if the

tenant does not pay all rent and costs

determined by the Court to be due, the

tenant may be evicted. If a landlord has

obtained a judgment of possession, a

request for a Warrant of Restitution must

be filed within 60 days of the judgment or

the expiration of any stay of execution.

Generally, the tenant may prevent

eviction by paying all rent and costs due

at any time before the eviction. This is

known as the tenant's right of

redemption.

Exception: Foreclosure of the right of

redemption: If there have been 3 prior

judgments for possession (4 in Baltimore City)

in the preceding 12 months, the Court may

foreclose (deny) the right of redemption.

WHAT ARE MY RIGHTS TO A JURY

TRIAL?

Jury trials are held in the Circuit Court, not

the District Court. If the amount of the

claim exceeds $15,000, or if the value of the

tenant's interest in the leasehold is greater

than $15,000, either party may request a jury

trial. Jury trial requests must be in writing. In a

residential tenancy, a request for a jury trial

may be filed no later than the first appearance

of the parties in District Court.

HOW DO I FILE A CLAIM FOR HOUSING

DISCRIMINATION?

Housing discrimination complaints are handled

by the United States Department of Housing

and Urban Development (HUD).

HOW DO I FILE AN APPEAL?

Each party has the right to appeal by filing

an appeal on form DC-CV-037. In failure to

pay rent cases, the appeal must be filed no

later than 4 business days after the date of

judgment. In all other actions for possession,

the appeal must be filed no later than 10

calendar days after the date of judgment.

Whether the appeal is de novo (a new trial)

or on the record depends on the amount

in controversy. The filing of an appeal does

not automatically stay the eviction. Posting

the bond ordered by the Court will stay the

eviction until the Circuit Court decides the

appeal.

r more information on Maryland courts and

procedures, please contact a clerk in any state or

county courthouse or visit the Maryland Judiciary

website

mdcourts.gov

It is the mission of the District Court

of Maryland to provide equal and exact

justice for all who are involved in

litigation before the court.

Information contained in this brochure is intended to inform the

public and is not intended to serve as legal advice. This

brochure is subject to revision at any time without prior notice. Any

reproduction of this material must be authorized by the Office

of the Chief Clerk of the District Court of Maryland.

DC-CV-082TBR (Rev. 10/2021)

MEDIATION: AN ALTERNATIVE

The District Court’s Alternative Dispute Resolution

Program (ADR) offers mediation free of charge.

It is less formal, less time-consuming and less costly

than going to court. A trained mediator will work

with both sides to try to arrive at a mutually

agreeable solution. If mediation is not successful,

you may still seek a decision by the Court.

How

Tenants

Can Resolve

Disputes

with

Landlords

Information

for Tenants

NEED LEGAL HELP?

The Maryland Judiciary’s Help Centers are

staffed by trained attorneys and provide brief

free legal advice on all civil matters, including

questions regarding landlord/tenant

proceedings. For more information, please

call 410-260-1392 or visit mdcourts.gov/selfhelp

HOW DO I FILE AN APPEAL?

Each party has the right to appeal by filing an ap

peal on form DC/CV 37.

In failure to pay rent cases,

the appeal must be filed no later than 4 business

days

after the date of judgment. In all other

actions

for possession, the appeal must be filed no later

than

10 calendar days after the date of judgment.

Whether the appeal is

de novo (a new trial) or on

the record depends on the amount in controversy.

The filing of an appeal does not automatica

lly stay

the

eviction. Posting the bond ordered by the

court

will stay the eviction until the Circuit Court decides

the appeal.

RIGHTS AND

REMEDIES OF

THE TENANT

Filing with the Court:

Please make sure that your paperwork is

accurate and legible. All correspondence with

the Court after the initial filing should include

the case number and a certification that

you sent a copy to the landlord. The proper

location for filing is in the county where the

property is located.

Specific Problems and Court

Remedies

LANDLORD CLAIMS TENANT FAILED TO

PAY RENT

Tenant's Rights:

Before filing a Complaint for Failure to Pay Rent,

the landlord must send you written notice of their

intent to file a claim in the District Court to recover

possession of the residential premises if you do not

pay the rent owed within 10 days after you are

provided the notice.

The notice may be sent by (1) first-class mail; (2)

affixed to the door of the premises; or (3) if elected

by the tenant, delivered by either electronic mail

message, text message, or an electronic tenant

portal. At your request, the landlord must

promptly provide you an itemized accounting of

debits and credits (rental ledger) showing how the

landlord came up with the amount they claim you

owe.

At your hearing, you may challenge whether the

landlord gave you the required notice.

SERIOUS HEALTH OR SAFETY

ISSUE(S)

What to file: Complaint for Rent Escrow/

Injunction (DC-CV-083). Note: You may also

raise a serious health or safety issue as a

defense if your landlord files a Failure to Pay

Rent case against you. The information below

regarding notice and what you must prove still

applies.

What is covered? Conditions and defects

that constitute a fire hazard or a serious and

substantial threat to the life, health or safety

of occupants, including, but not limited to:

(1) lack of heat, light, electricity, or hot or cold

water, except where the tenant is

responsible for their payment and the lack

thereof is the direct result of the tenant's

failure to pay,

(2) lack of adequate sewage disposal,

(3) rodents in two or more dwelling units,

(4) structural defect which presents a serious

and substantial threat to physical safety, or

(5) a condition which presents a health or fire

hazard to the dwelling unit.

Minor defects that do not constitute a health

or safety hazard are not covered.

Do I have to do anything before

filing? Yes. You must give the landlord

notice of the defect(s) or condition(s) by: (1)

certified mail listing the conditions or

defects, (2) actual notice of the defects or

conditions, or (3) a notice from a

government agency stating the asserted

conditions or defects.

What do I have to prove?

(1) The existence of covered condition or

defect, (2) notice to the landlord, (3) the

landlord was given a reasonable time to

make the repair(s) [more than 30 days is

presumed by law to be unreasonable], and

(4) the landlord has failed to do so.

What can the court do?

If the tenant is successful, the court may do

one or more of the following: (1) order the

landlord to make the repairs, (2) reduce the

rent due, (3) order that the rent be paid into

the court escrow instead of to the landlord, or

(4) terminate the lease.

LANDLORD FAILS TO RETURN

YOUR SECURITY DEPOSIT

What to file: District Court Complaint

(DC-CV-001). Note, you must have the landlord

personally served.

Do I have to do anything before filing?

No.

What do I have to prove?

(1) The tenancy has terminated, and (2) the

landlord, without a reasonable basis, failed

to return any part of the security deposit,

plus accrued interest, within 45 days after the

termination of the tenancy.

Tenant's Rights:

(1) You have the right to be present at the

inspection of the premises for damages,

provided that you gave at least 15 days' notice

by certified mail of your intention to move, the

date of move, and your new address.

(2) The landlord must send you notice by

first-class mail directed to the last known

address of the tenant, within 45 days after the

termination of the tenancy, a written list of the

damages claimed and costs actually incurred.

What can I recover? Up to 3 times the

amount wrongfully withheld, plus reasonable

attorney's fees.

BREACH OF THE COVENANT OF

QUIET ENJOYMENT

What to file: Complaint for breach of the

Covenant of Quiet Enjoyment (on DC-CV-001,

the District Court Complaint form).

The Covenant of Quiet Enjoyment means that

the landlord must control disturbances to your

peaceful enjoyment of the rental property that

s/he has the ability and authority to control.

Note: the Court may require that you

previously notified the landlord of the problem

and gave the landlord a reasonable opportunity

to correct it.

ILLEGAL ENTRY, LOCKOUT, OR

DIMINUTION OF SERVICES BY

LANDLORD

1. When the landlord enters the rental

premises without legal authority, you can file:

(a) Complaint for Breach of the Covenant of

Quiet Enjoyment (on DC-CV-001, the District

Court Complaint form), or

(b) Petition for Peace Order (DC-PO-001,

DC-PO-001A, DC-PO-001S; see brochure

CC-DC-DV-PO-001BR for more details), or

2. When landlord unlawfully locks a tenant out

or otherwise unlawfully causes a diminution of

services to the tenant, tenant may be entitled

to be placed back in possession of the property,

or an award of actual monetary damages,

attorneys fees, and costs, depending on the

circumstances.