Essential Services/Illegal Lock-Out

Topics on this page

• Generally

• Landlord Restrictions: Taking Possession or Threatening to Take Possession

• Landlord Restrictions: Shutting Off or Interfering with Utilities

• Baltimore City

• Baltimore County

Illegal Lock-out and Essential Services

With some exceptions explained below, it is unlawful for a landlord to:

• take possession of property that has been leased to a tenant,

• threaten to take possession of property that has been leased to a tenant, or

• turn off or interrupt the utility service of heat, running water, hot water, electricity or gas.

The basic rule is that a landlord cannot take the law into their own hands.  Even if the tenant is behind in rent payments or fails to move out of the leased property at the end of the lease, the landlord cannot engage in any of these actions in order to punish the tenant or force the tenant to leave.  

Read the Law:  Md. Code, Real Property, § 8-216
 

Landlord Restrictions: Taking Possession or Threatening to Take Possession

Rule:  A landlord may not take possession or threaten to take possession of a dwelling unit (like an apartment) from a tenant by locking the tenant out or taking any other action.  This law applies even when the tenant has failed to pay rent or is “holding over”—meaning the tenant continues to live in the leased property after the lease has ended.  

Example:  Let’s say that a tenant is renting an apartment, and the tenant does not pay rent for several months.  If the landlord calls the tenant and says that he plans to enter the apartment, take all the tenant’s stuff, and lock the tenant out of the apartment, then the landlord has likely violated the law by threatening to take possession of leased property.  

Exceptions:  A landlord can take possession of leased property from a tenant in two situations:

1. the landlord has a “warrant of restitution” issued by a court and executed by a sheriff or other government officer; or

2. the tenant has abandoned or surrendered possession of the unit, such as by moving out.

Warrants of restitution:  In order for a landlord to receive a “warrant of restitution,” the landlord must make a formal complaint in the District Court of the county where the property is located.  The court will then direct a sheriff or other official to serve the tenant with the complaint, notifying the tenant to appear before the court.  This gives the tenant a chance to explain why the leased property should not be returned to the landlord.  In other words, a tenant will usually know ahead of time that the landlord is attempting to get a warrant of restitution.  

Read the Law:  Md. Code, Real Property, § 8-216 and Md. Code, Real Property, § 8-402

What can I do? If a landlord actually enters leased property (like an apartment) and takes possession of it, then the tenant could sue the landlord for damages. 

In court, the tenant could try to recover from the landlord any “actual damages,” which would be money to compensate the tenant for (1) loss or damage to the tenant’s personal property that was in the apartment; and (2) money that the tenant had to spend in order to find another place to stay (motel and storage-fee costs).  

Also, the court could require the landlord to pay for the tenant’s attorney’s fees.  

Paying for an Attorney:  Generally, when you hire an attorney, you are required to pay for the attorney’s services.  But, in some situations, a court may order the losing party to pay the winning parties’ attorney fees.  Because Maryland Property Law allows the wining party to recover attorney fees in these types of cases, a lawyer might agree to represent you at little or no up-front cost.  So, if you think that your landlord has violated the law by taking possession, or threatening to take possession, of property that you rent, then you should consider consulting with an attorney. More information on hiring an attorney. 

Read the Law:  Md. Code, Real Property, § 8-216

Landlord Restrictions:  Shutting Off or Interfering with Utilities 

Rule:  Landlords cannot intentionally turn off utilities or interrupt service of heat, running water, hot water, electricity or gas in order to force the tenant to leave the leased property or to punish the tenant for late (or missing) rent payments.

Exceptions:  A landlord can lawfully shut off or interrupt these utilities if all of the below are true:

1. the utilities are in the landlord’s name,

2. the landlord has received a final court order awarding possession of the leased property to the landlord, and

3. the landlord has given the tenant reasonable notice of his intent to cut off the utilities and the opportunity for the tenant to open an account to put the utility service in the tenant’s name (instead of in the landlord’s name).  

Read the Law:  Md. Code, Real Property, § 8-216

What can I do? If a landlord unlawfully shuts off the utilities, then the tenant has two options:  

1. withhold rent and be subject to eviction, or 

2. continue to make rent payments into an escrow account created by the local District Court.  

More information about these options.

Read the Law: Md. Code, Real Property, § 8-211 and Md. Code, Real Property, § 8-216

Baltimore City 

It is unlawful for a landlord to:

• makes false statements about tenant’s rights,

• willfully prevent the tenant from entering or leaving the leased property, 

• interrupt or stop any utility service, including water, heat, light, electricity, gas, elevator, or similar services,

• remove furnishings, cooking facilities, appliances, or similar items that the lease entities the tenant to,

• prevent the tenant from gaining access to the property by changing the locks and failing to provide the tenant with new keys,

• remove outside doors or windows, or

• remove from the premises the tenant’s personal property, furnishings, or any other items.

A landlord who violates these laws is guilty of a misdemeanor.  On conviction, a guilty landlord could be fined up to $500 or imprisoned for up to 10 days (or both) for each violation.  

Read the law: Baltimore City Code of Public Local Laws, Article 4, § 9-15

What can I do? A tenant can file a complaint with the Court Commissioner at the Borgerding District Court Building, 5800 Wabash Avenue, Baltimore, MD (410-878-8017 / 1-800-939-4523).    

Baltimore County

It is unlawful for a landlord to:

• deprive a tenant of a means to enter or exit the leased property,

• interrupt or stop the utility services of gas, electricity, water, heat, or light, or

• deprive a tenant of furniture, furnishings, or similar services that the lease entities the tenant to.

A landlord who violates these laws is guilty of a misdemeanor.  On conviction, a guilty landlord could be fined up to $100.  

Read the Law: Baltimore County Code, Section 35-3-101

What can I do? A tenant may file a complaint with Department of Permits, Approvals and Inspections at 111 W. Chesapeake Avenue, Suite 105, Towson, MD 410-887-3351 or 410-887-8099.