Last page edit 03/14/08

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Retaliatory Actions Prohibited

(Maryland Code, Real Property, Sec. 8-208.1)

FOR LAWS SPECIFIC TO BALTIMORE CITY  REFER TO PUBLIC LOCAL LAWS OF BALTIMORE CITY

A landlord may not evict, may not increase the rent, and may not decrease services to which a tenant is entitled, for any of the following reasons: 1)  Solely because tenant or his agent has filed a written complaint with the landlord or with a public agency against the landlord; 2)  Solely because tenant or his agent has filed a lawsuit against the landlord; or 3)  Solely because tenant is a member or organizer of a tenants' organization.

If landlord brings an eviction proceeding against a tenant and judgment is for the tenant on the basis of one of the above defenses, tenant may be awarded reasonable attorney's fees and court costs.

The protection provided by this law is not available to the following tenants

In monthly tenancies or tenancies measured by periods of more than one month, there have been 4 or more judgments of possession for rent due entered against the tenant in the 12 months preceding the filing of the action.

In weekly tenancies, there have been 6 or more judgments of possession for rent due entered against the tenant in the preceding 12 months, or, where the tenant has lived in the dwelling for 6 months or less, there have been 3 or more judgments of possession for rent due entered against the tenant.

The protection against "retaliatory eviction" as defined by this law lasts for 6 months after the determination of the original case by a court or administrative agency.  This law does not affect either landlord's or tenant's rights arising from  breach of the lease, or either party's right to terminate or not renew a lease in accordance with the terms of the lease or other provisions of law.

If any county enacts an ordinance comparable to this section in subject matter, the local ordinance will supersede this state law.

Last date legally reviewed: 3/14/08 (PLL/M.A.J.)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL).

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