Illegal Eviction in Maryland Results in $275,000 Settlement for Tenant

Описание: Illegal Eviction in Maryland Results in $275,000 Settlement for Tenant

When evictions are performed illegally, tenants have many legal rights and can seek compensation. Compensation for illegal evictions can include property damage, emotional distress, attorneys fees and potentially punitive damages. Past results do not guarantee future results

Landlords that do not follow the law, or evict the wrong apartment, have significant liability to their tenants and can be held legally responsible.

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By: Daniel W. Whitney, Jr., Esq.
Whitney, LLP
409 Washington Ave, Ste 750
Towson, MD 21204
410 583 8000 - Phone
[email protected]
https://www.whitneyfirm.com

Illegal Evictions in Maryland: Understanding Tenant Rights and Legal Remedies

Maryland has long maintained strong laws designed to protect tenants from unlawful evictions. Despite these safeguards, incidents of illegal evictions remain a significant concern, affecting individuals and families alike.

What Is an Illegal Eviction?

Illegal eviction, also known as "self-help eviction," occurs when a landlord f removes a tenant from a rental property without adhering to the legal eviction process. In Maryland, landlords must follow a strict set of procedures as outlined in state law, beginning with filing an eviction lawsuit in court. Any attempt to circumvent this process—such as changing locks, shutting off utilities, or physically removing a tenant without the legal right to do so—is unlawful.

Common Tactics of Illegal Evictions

While the specifics of illegal eviction cases vary, common tactics used by unscrupulous landlords include:

Lockouts: Changing or tampering with the locks on a tenant’s residence to deny access.

Utility Shutoffs: Disconnecting essential services such as water, electricity, or gas.

Physical Removal: Attempting to, or removing, the tenant or their belongings from the apartment without the legal right to do so.

Threats and Intimidation: Using verbal or physical threats to coerce tenants into leaving.

Each of these actions is explicitly prohibited under Maryland law and can result in legal consequences for the landlord.

Legal Procedures for Eviction

Maryland’s legal eviction process is detailed and designed to ensure fairness for both parties. Landlords must provide proper notice to the tenant, specifying the reason for eviction—whether for non-payment of rent, lease violations, or other lawful grounds. If the tenant fails to comply within the notice period, the landlord must file an eviction complaint in District Court.

At the court hearing, both parties have an opportunity to present their case. Should the court rule in favor of the landlord, a formal eviction order is issued, which is then executed by the sheriff. Crucially, the sheriff’s office or constable must be present for evictions.

Tenant Rights and Remedies for Evictions

Suing for Damages: Victims of illegal eviction may file a lawsuit seeking compensation for damages, including emotional distress, relocation costs, and punitive damages.

Reporting to Authorities: Tenants can report illegal eviction attempts to local housing authorities or legal aid organizations.

It is advisable for tenants to document any illegal actions taken by the landlord, including photographs, written communication, and witness statements, to bolster their case.

Consequences for Landlords

Engaging in illegal eviction practices can have serious repercussions for landlords in Maryland. Courts may impose financial penalties, require landlords to pay the tenant’s legal fees, and even award substantial damages. Furthermore, landlords found guilty of violating eviction laws may face reputational harm, affecting their ability to attract future tenants.

Preventing Illegal Evictions

Both landlords and tenants have a role to play in preventing illegal evictions. Landlords should familiarize themselves with Maryland’s landlord-tenant laws and seek legal counsel if they are unsure about the proper eviction procedures. Tenants, on the other hand, should be proactive in understanding their rights and seeking assistance when necessary.

Whitney, LLP represents clients across Maryland in eviction cases, including in Annapolis, Baltimore, Columbia, Germantown, Silver Spring, Waldorf, Glen Burnie, Ellicott City, Frederick, Dundalk, and Rockville.