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  3. Landlord and Tenant Causes of Action: "When Things go Wrong"

Have you been sued by your Landlord or Tenant? Would you lot like to asking that the Courts resolve a dispute between you and a Landlord/Tenant? Below is a list of common lawsuits betwixt Landlords and Tenants. Under each of the lawsuit headings, is likewise a list and clarification of common defenses (arguments by Accused that testify why a judgment should not be entered against him/her). Please click on the links for more than information.

If you have been served with a complaint and summons. The most of import thing to do is to show upward at the appointment, time, and court location stated on the summons. Failure to practise so, may result in judgment being entered against you. For more than information, read the article Hire Court and Eviction Cases.

If y'all accept additional questions, you can talk to an attorney about whatever problem concerning a dispute between you and a Landlord or Tenant. For more than information, you can read; Getting Legal Help in Maryland.

Common Lawsuits by Landlords and Tenants

Landlord Cause of Action

Tenant Causes of Activity

Failure to Pay Rent: Tenant can exist evicted for failing to pay hire.

Rent Escrow: Landlord must repair hazardous conditions on belongings.

Alienation of Lease: Tenant can be evicted for a breach of lease.

Wrongfully Withholding a Security Deposit: Landlord can only withhold security deposit for sure reasons.

Wrongful Detainer: Evicting a "Squatter" or uninvited houseguest.

Alienation of Covenant of Quiet Enjoyment: Serious disruption on property, that interferes with Tenant's enjoyment of property.

Holding Over: Landlord can evict Tenant who remains on belongings afterwards lease has ended.

Retaliation: Landlord cannot evict or reduce services of Tenant as a effect of a Tenant complaint if complaint is in the final vi months.

Lawsuits for Money Damages after Tenant Leaves: Common suits include damage to property, and money lost from Tenant breaking the lease.

Landlord Causes of Actions

Failure to Pay Rent

Definition: When a Tenant does non pay rent, a Landlord tin can ask the courtroom to adios the Tenant and request coin damages for rent, late fees and, court costs. Landlord tin file complaint immediately afterwards Tenant fails to pay rent.

Landlord'due south Initial Steps to Take:

  1. File a Failure to Pay Hire-Landlord'south Complaint (DC-CV-082).
    • The complaint must exist completely filled out and filed in the District Court of the county where the belongings is located. The courtroom will so issue a summons.
  2. Service of complaint and summons by posting and mailing, if action is but for repossession of holding. For more than information on service, please read; Failure to Pay Rent.
    • Personal Service is required for a money judgment (getting the rent that is owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. Summons not conspicuously posted), or if the complaint is not completely filled out, the Court may dismiss the action.
  • Payment: If Tenant makes payment before Court engagement, then Tenant tin can show up at Court and asking that the lawsuit be dismissed. Tenant besides has the correct to redemption, which ways that even if there is a judgment against Tenant, he/she may make payment at any time earlier eviction occurs unless Tenant has a certain corporeality of judgments entered against him/her for failure to pay rent within the past 12 months (rules vary by canton).
  • Failure to provide lead registration/document: If property is an "affected property," then Landlord must have a current registration with Maryland Department of Surroundings (MDE), and the MDE inspection certificate or provide a valid reason for not doing so. You lot can check the complaint to come across if there is a lead document number and check the Lead Rental Registry Holding Search to see if property is currently registered. If the Landlord fails to comply, the courtroom may non enter judgment against Tenant. For more than data, delight read; Atomic number 82 Pigment Law: Rights and Obligations for Renters and Property owners.
  • Failure to have a Landlord license/registration: Landlord must comply with local laws for licensing in order for the court to enter a judgment against Tenant.
  • Not-rent collection activeness: Landlord may simply request money owed that is related to the payment of rent, late fees, and court costs.
  • Tenant is enrolled in Housing Option Voucher Program: Landlord cannot adios Tenant  if Housing Authorization failed to pay their portion of the rent. For more than information, please read; Special Issues for Subsidized and Public Housing Tenants.
  • Breach of covenant of quiet enjoyment: When there is a disturbance that seriously interferes with Tenants use and enjoyment of the property. Examples include; excessive racket by other Tenants, failure of Landlord to provide estrus or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the property without a Courtroom judgment. A landlord may not utilise "self-help" for an eviction.
  • Breach of warranty of habitability: Landlords must brand repairs and fix atmospheric condition that are a serious threat to the life, health, or safety of occupants. Examples include; lack of heat, water, electricity, and inadequate sewage disposal. Information technology is important to note, that the problem cannot exist pocket-size or non-dangerous. You should notify your landlord immediately of whatever serious hazards on the belongings. If a Landlord fails to fix any serious hazards, the Tenant may use that as a defense in a failure to pay rent lawsuit.

Remedies:

  • Eviction: A landlord must file a "Petition for Warrant of Restitution" afterwards a judgment against Tenant is entered. For more data on the eviction process, delight read; Hire Court and Eviction Cases.
  • Foreclose right to redeem: If Tenant has a certain number of judgments against him/her for declining to pay rent, Landlord may evict even if Tenant wants to pay rent (rules differ by county).
  • Money amercement
  • Attorney'southward fees may be bachelor.

Breach of Lease

Definition: When a Tenant breaches the lease, the Landlord may request that the court evict of the Tenant. This process can just be used for seeking an eviction. For obtaining money damages, please run across; Lawsuits for Money Damages after Tenant Leaves.

Landlord's Initial Steps to Take:

  1. Give discover of violation of lease. Landlord must give Tenant 30 days written notice before filing the Complaint, or xiv days written notice for a breach of lease that causes a clear and imminent danger of serious harm to others or the property).
  2. If Tenant fails to exit holding within 30 days, Landlord may file a Complaint and Summons Against Tenant in Alienation of Lease (DC-CV-085).  A copy of the find must be attached to the complaint.
    • The complaint must be completely filled out and filed in the District Court of the canton where the holding is located. The court will then issue a summons.
  3. Service of complaint and summons to Tenant by posting and mailing. For more information on service, delight read; Breach of Lease.

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was non properly served (ex. summons non conspicuously posted), or if the complaint is non completely filled out, the Court may dismiss the action.
  • No discover: If Landlord does non provide written notice inside the above described time period, then the court will not club an eviction.
  • Breach of charter is minor: A breach of lease must exist substantial, in order for to be an eviction. For example, a Tenant can make the argument that impairment or loss to property was small, or that the breach was a get-go violation involving a minor issue to testify that the breach of the lease was non substantial.
  • Retaliation: Landlord threatens to file a lawsuit, evict, increase rent, or decrease services (electricity, oestrus, etc…) of Tenant as a consequence of Tenant's complaint of a violation relating to the holding being leased. The complaint can either be an informal complaint (telling landlord about a problem), or a complaint and/or judgment in court. Tenant'southward complaint must be within terminal 6 months to be considered retaliatory.

Remedies:

  • Eviction: If the court finds that there is a breach of lease they will issue an Order of Restitution, which orders the Sherriff to remove the Tenant from the property.
  • Attorney's fees may be available.

Wrongful Detainer

Definition: A person living in Landlord's holding without permission ("squatter" or uninvited house guest). Landlord can file a lawsuit against person for coin amercement and eviction.

Landlord's Initial Steps to Have:

  1. Complaint for Wrongful Detainer (DC-CV-089).
    • The complaint must be completely filled out and filed in the District Court of the county where the property is located. The court will and then issue a summons.
  2. If activeness is only for repossession of property, service past posting and mailing to Tenant is sufficient. For more information on service, please read; Wrongful Detainer.
    • Personal Service is required for a money judgment (damages caused by person living on property and/or reasonable rent owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. summons not clearly posted), or if the Complaint is not completely filled out, the Court may dismiss the action.
  •  Entitled to possession of property: If at that place is an agreement or written lease, which gives possession to the person, then a lawsuit for Wrongful Detainer is improper.

Remedies:

  • Eviction: If courtroom finds that the person is living on the holding without permission, they will upshot an Lodge of Restitution, which orders the Sherriff to remove the person from the property.
  • Coin amercement
  • Attorney'due south fees may exist available.

Holding Over

Definition: When a Tenant remains on the belongings after the lease has expired, Landlord can file an action confronting Tenant for money damages and eviction.

Notation that if a Landlord has been granted possession of the property by the court in another type of Landlord/Tenant proceeding (Ex. Failure to Pay Rent or Breach of Lease), then a Complaint and Summons Confronting a Tenant Holding Over is non the proper method of evicting the Tenant. The procedures for eviction in those particular lawsuits should be followed.

Landlord's Initial Steps to Take:

  1. Landlord must give Tenant thirty days written notice if there was a tenancy of definite elapsing (appointment stated on charter) or a month-to-month charter. Landlord must give 3 months written notice if at that place was a yr-to-yr tenancy.
  2. File a Complaint and Summons Against Tenant Holding Over (DC-CV- 080).
    • The complaint must be completely filled out and filed in the Commune Courtroom of the canton where the belongings is located. The courtroom volition then issue a summons.
  3. If action is only for repossesion of property, service of complaint and summons to Tenant by posting and mailing is proper. For more information on service, please read; Holding Over.
    • Personal Service is required for a money judgment (getting money that is owed).

Tenant Defenses:

  • Procedural defect in service/complaint: If the Tenant was not properly served (ex. summons not conspicuously posted), or if the Complaint is non completely filled out, the Court may dismiss the activity.
  • Improper notice: If Landlord does non send detect, the Court will dismiss the lawsuit for Holding Over.
  • Existence of understanding to stay on property: If there is evidence that the Landlord has granted the Tenant permission to stay on the property afterwards to lease expires, then a lawsuit for Belongings Over is improper.

Remedies:

  • Eviction: If court finds that the person is living on the holding without permission, they volition upshot an Guild of Restitution, which orders the Sherriff to remove the person from the property.
  • Money amercement
  • Existence of charter: If there is a lease, and the Tenant owes rent money, the Landlord can sue the Tenant for Failure to Pay Rent.
  • Attorney's fees may exist available.

Lawsuits for Money Damages after Tenant Leaves

Definition: A Landlord may file a lawsuit for money resulting from harm to the property caused by the Tenant that is beyond "ordinary wear and tear."

A landlord may as well claim coin amercement for a Tenant's breach of the lease (ex. Tenant breaks the charter early; Tenant is liable for hire owed for the remainder of the lease).

Landlord'southward Initial Steps to Take:

  1. File a complaint using the full general complaint form (DC-CV-001).
    • If the complaint is for less than $5,000, it is considered a "Small Claim," and the courtroom rules are more than informal.
    • If the Complaint is for more than $5,000, it is considered a "Big Claim." For more information, delight read; The Difference Between Large Claims and Small Claims.
    • The complaint must be completely filled out and filed in the Commune Courtroom of the county where the property is located. The court will so event a summons.
  2. Personal Service is required.

Tenant's Initial Steps to Accept:

  1. Tenant must file a "Notice of Intention to Defend" that tin can be found at the bottom of the summons. For more information, delight read; Ready your Case and Defend Yourself.
  2. Tenant may file a counterclaim if Tenant thinks that Landlord owes coin. For example, if Landlord is claiming that Tenant damaged property, and is withholding Tenant'south security deposit, but Tenant believes that in that location is no harm to property, Tenant tin file a counter merits for Wrongfully Withholding a Security Eolith. For more than information on counterclaims, please read; File a "Counter Claim."

Tenant Defenses:

  • Damage to Belongings
    • Procedural defect in service/complaint: If the Tenant was not properly served, or if the Complaint is not completely filled out, the Courtroom may dismiss the action.
    • Security deposit covered damages: If the security eolith that the Tenant gave Landlord when the lease was signed covers the damages to holding, so Landlord already has a remedy, and the lawsuit should be dismissed.
    • Ordinary wear and tear: A landlord may not charge a Tenant for damages that event from "ordinary article of clothing and tear." This is a common sense rule. For example, the Landlord may not accuse a Tenant to replace a carpet that is worn from use over time, or to repaint walls considering at that place are small holes where pictures were hung. Condition of the property at the time information technology was rented, and how long the tenant lived on the belongings are also relevant factors.
  • Breach of lease
    • Mitigation of damages: When a Tenant breaks a charter before it ends, generally the Tenant is liable for the residual of the lease term. However, the Landlord must brand reasonable efforts to notice a new Tenant. If the Landlord does non, and so he cannot collect unpaid rent that is owed.
    • Constructive Eviction: When there is a disturbance that seriously interferes with Tenants employ and enjoyment of the Property. Examples include excessive dissonance by other Tenants, failure of Landlord to provide heat or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the belongings without a Court judgment. A landlord may non use "self-assistance" for an eviction.
    • Security eolith covered rent owed: If the security deposit covers the rent that is owed, then Landlord already has a remedy, and the lawsuit should exist dismissed.

Remedies:

  • Money Damages
  • Attorney's fees may exist available.

Tenant Causes of Actions

Rent Escrow

Definition:

A Landlord is required to repair and eliminate conditions that are a serious threat to life, health, or rubber of occupants (for more information on specific articles delight read Rent Escrow. If there is a unsafe status, the Tenant should not withhold rent from the Landlord. The Landlord can bring an activeness for Failure to Pay Rent. The proper manner to go a Landlord to fix a dangerous condition, is to file a Complaint for Rent Escrow. The Tenant will pay rent in to an "escrow account," that is set up past the Court, until the Landlord fixes the dangerous status.

Tenant's Initial Steps to have:

  1. Give notice to Landlord: Inform landlord of problem. Tin exist breezy (alphabetic character, in person, by phone, etc.…). Written notice is recommended.
  2. Requite Landlord reasonable time to make repairs.
    • If Tenant is enrolled in Housing Choice Voucher Programme; request that Housing Authority audit the property. For more information, please read; Special Problems for Subsidized and Public Housing Tenants.
  3. File a Complaint for Rent Escrow (DC-CV-083).
    • The complaint must be completely filled out and filed in the District Courtroom of the county where the property is located. The court volition then issue a summons.

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Courtroom may dismiss the action.
  • No Notice: If a Landlord never received detect of the problem, the court can either postpone or dismiss the activity.
  • No reasonable time to repair: Tenant must give Landlord reasonable time to repair. The more serious the problem, the longer information technology may take to repair.
  • Repairs made: Landlord has fixed the serious problem.
  • Landlord not allowed entry on to property: Afterward Tenant gives Landlord observe of the trouble, the Tenant must allow Landlord or his/her repair persons on to the property.
  • Problem with holding is not a hazardous condition: Problem on property must be a serious threat to life, health, or safety of occupants. Problem cannot exist minor or cosmetic.
  • Tenant caused serious problem to property: If the Tenant acquired the damage to the holding, the Landlord is non responsible for repairing it.
  • Court entered judgments for failure to pay hire: It the court has entered three or more judgments against the Tenant for failing to pay rent in the concluding 12 months, the court will not issue a rent escrow gild. Specific rules vary by County.

Remedies:

  • Serious defect repaired: The landlord will repair the serious problem after the court issues a rent escrow order and sets up a rent escrow account. The Landlord has 90 days to make repairs to the belongings. During this time, it is important to; (1) allow Landlord or repairpersons on to property to make repairs, and (ii) pay hire in to escrow account. Failure to do so, may event in stopping the rent escrow activity early.
  • Rent Escrow: If landlord fails to make repair within half-dozen months, you can asking that the court give you the coin paid in to the escrow account. You can also request money from the escrow account, if you spent your own money making repairs.
  • Termination of lease (constructive eviction): If the court finds that the defects are a serious problem, you tin can inquire the court to end the lease, and you will non be responsible to pay any future rent due.
  • Relocation if repairs take long period of time: If the repairs will take a long fourth dimension to repair, yous can ask the court to have the Landlord pay for a temporary relocation, while the repairs are being made.
  • Hire Abatement: Y'all can the Court for a reduction in hire, if the status on the holding is very serious.
  • Attorney's fees may be bachelor.

Wrongfully Withholding a Security Eolith

Definition: The Landlord may keep any portion of the security deposit for unpaid rent, damages due to breach of lease, or damage to the property that is in excess of "ordinary wearable and tear."

"Ordinary vesture and tear" is a mutual sense rule. For example, a Landlord may non accuse a Tenant to replace a carpet that is worn from use over time, or to repaint walls that have minor holes in the walls where pictures were hung. Condition of the property at the fourth dimension it was rented, and how long the tenant lived on the property are also relevant factors.

The Landlord must transport a written statement of damages to the Tenant within 45 days subsequently the lease has ended. If a Tenant disagrees with the statement of damages, or the Landlord fails to send a written argument of damages, a Tenant may file a lawsuit against Landlord.

Tenant's Initial Steps to take:

  1. File a complaint using the general complaint form (DC-CV-001).
    • If the complaint is for less than $5,000, it is considered a "Small Claim," and the court rules are more than breezy.
    • If the Complaint is for more than than $5,000, it is considered a "Large Claim." For more information, please read; The Difference Between Large Claims and Small Claims.
    • The complaint must be completely filled out and filed in the District Court of the county where the property is located. The courtroom will then effect a summons.
  2. Personal Service is required.

Landlord's Initial Steps to Have:

  1. Landlord must file a "Notice of Intention to Defend" that can exist found at the bottom of the summons. For more than information, delight read; Gear up your Example and Defend Yourself.
  2. Landlord may file a counterclaim if Landlord thinks that Tenant owes money. For more information on counterclaims, please read: File a "Counter Claim."

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Courtroom may dismiss the activity.
  • Notice requirements met: If the Landlord sent a written statement of damages within 45 days from the end of the lease, and then the Tenant cannot claim that notice was improper.
  • Withholding Security Deposit was reasonable: If security deposit was withheld with reason, the court may allow the Landlord to proceed all or a portion of the security deposit (just some of the damages that were claimed were reasonable).

Remedies:

  • Return of Security Deposit: Tenant may be entitled to the render of all or a portion of the security deposit, plus involvement.
  • Triple damages: If the courtroom finds that there was no reasonable basis to withhold a security deposit, the court may honor the Tenant triple the value of the security deposit.
  • Chaser'due south fees may be available.

­­­­­­­­­­­­­­­­­­­

Breach of Covenant of Quiet Enjoyment

Definition: When there is a disturbance that seriously interferes with Tenants use of the Property. Examples include excessive noise by other Tenants, failure of Landlord to provide heat or electricity, and illegal lockout. Illegal lockout occurs when the Landlord changes the locks, or otherwise prevents the Tenant from entering the holding without a court judgment. A landlord may not use "self-help" for an eviction.

Initial Steps to take:

  1. Find to Landlord.
  2. Reasonable opportunity for Landlord to fix.
  3. Petition for Injunction (DC-CV-083).
    • The complaint/petition must exist completely filled out and filed in the Commune Court of the county where the belongings is located. The court will and so issue a summons.

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is not completely filled out, the Court may dismiss the activity.
  • No Notice: If a Landlord never received notice of the trouble, the court tin either postpone or dismiss the action.
  • No reasonable time to repair: Tenant must requite Landlord reasonable time to fix the problem. The more serious the problem, the longer it may take to repair.
  • The disturbance is minor: The disturbance must seriously interfere with Tenant'due south enjoyment. It cannot be a mere badgerer.

Remedies:

  • Landlord fixes problem: Court can social club the Landlord to set the trouble. If in that location is an illegal lockout, the Courtroom tin can as well gild that the Tenant be  granted entry on to the property again.
  • Termination of charter (constructive eviction): If the court finds that the problem is serious or the Landlord has failed to fix it, y'all can ask the court to terminate the lease, and you volition non be responsible to pay any future rent due. You tin can as well ask the court for moving expenses, and ask the Landlord to pay the difference betwixt a new rental and the Tenant'south previous hire owed.
  • Attorney's fees may exist available.

Retaliation

Definition: Landlord threatens to file a lawsuit, evict, increase rent, or decrease services (electricity, oestrus, etc…) of Tenant as a result of Tenant's complaint of a violation relating to the property being leased. The complaint tin can either exist an informal complaint (telling landlord about a problem), or a complaint and/or Judgment in courtroom. Tenant's complaint must exist within last half dozen months to be considered retaliatory.

Initial Steps to have:

  1. General complaint form (DC-CV-001).
    • If the complaint is for less than $5,000, information technology is considered a "Modest Merits," and the court rules are more breezy.
    • If the Complaint is for more $5,000, it is considered a "Large Claim." For more data, please read; The Deviation Between Big Claims and Minor Claims.
    • The complaint must be completely filled out and filed in the District Court of the county where the property is located. The court volition so issue a summons.
  2. Personal Service is required.

Landlord's Initial Steps to Take:

  1. Landlord must file a "Notice of Intention to Defend" that can exist found at the lesser of the summons. For more information, please read; Prepare your Example and Defend Yourself.
  2. Landlord may file a counterclaim if Landlord thinks that Tenant owes money. For more information on counterclaims, please read: File a "Counter Merits."

Landlord Defenses:

  • Procedural defect in service/complaint: If the Landlord was not properly served, or if the Complaint is non completely filled out, the Court may dismiss the activeness.
  • Deprival of Retaliation: Defendant may claim that at that place was no complaint in the by half-dozen months, or that there was no reduction of services. Eviction by Landlord was based upon lawful reasons.

Remedies:

  • Money damages: Tenant may ask for upwardly to 3 months rent.
  • Attorney's fees may be bachelor.

Source

Written past Cole Pototsky, People'due south Law Library Fellow.

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Terminal Updated: Tue, 01/18/2022 - 4:43 am

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