Can a landlord evict you because of a verbal dispute in the management office?
Full Question:
Can a landlord evict you because of a verbal dispute in the management office?
11/30/2007 |
Category: Landlord Tenant |
State: Maryland |
#13135
Answer:
The following are Maryland statutes:
§ 8-208.1 REAL PROP. Retaliatory evictions prohibited; conditions for
relief.
(a) Prohibited evictions. — No landlord shall evict a tenant of
any residential property or arbitrarily increase the rent or decrease the
services to which the tenant has been entitled for any of the following
reasons:
(1) Solely because the tenant or the tenant's agent has filed a good
faith written complaint, or complaints, with the landlord or with any
public agency or agencies against the landlord;
(2) Solely because the tenant or the tenant's agent has filed a
lawsuit, or lawsuits, against the landlord; or
(3) Solely because the tenant is a member or organizer of any tenants'
organization.
(b) "Retaliatory evictions" defined. — Evictions described in
subsection (a) of this section shall be called "retaliatory evictions".
(c) Attorney's fees and costs. — (1) If in any eviction
proceeding the judgment be in favor of the tenant for any of the
aforementioned defenses, the court may enter judgment for reasonable
attorney fees and court costs against the landlord.
(2) If in any eviction proceeding the court finds that a tenant's
assertion of a retaliatory eviction defense was in bad faith or without
substantial justification, the court may enter judgment for reasonable
attorney fees and court costs against the tenant.
(d) Conditions for relief. — The relief provided under this
section is conditioned upon:
(1) In the case of tenancies measured by a period of one month or more,
the court having not entered against the tenant more than 3 judgments of
possession for rent due and unpaid in the 12-month period immediately prior
to the initiation of the action by the tenant or by the landlord.
(2) In the case of tenancies requiring the weekly payment of rent,
the court having not entered against the tenant more than 5 judgments of
possession for rent due and unpaid in the 12-month period immediately
prior to the initiation of the action by the tenant or by the landlord,
or, if the tenant has lived on the premises 6 months or less, the court
having not entered against the tenant 3 judgments of possession for rent
due and unpaid.
(e) Evictions not deemed "retaliatory evictions's". — No eviction
shall be deemed to be a "retaliatory eviction" for purposes of this
section upon the expiration of a period of 6 months following the
determination of the merits of the initial case by a court (or
administrative agency) of competent jurisdiction.
(f) Rights not affected. — Nothing in this section may be
interpreted to alter the landlord's or the tenant's rights to terminate
or not renew a tenancy governed by a written lease for a stated term of
greater than 1 month at the expiration of the term or at any other time
as the parties may specifically agree.
(g) Effect of ordinance comparable in subject matter — In the
event any county or Baltimore City shall have enacted an ordinance
comparable in subject matter to this section, that ordinance shall
supersede the provisions of this section.
§ 8-208 REAL PROP. Written lease required; contents; prohibited
provisions; rights afforded by local law or ordinance; damages;
severability.
(a) Written leases — In general. — (1) On or after October
1, 1999, any landlord who offers 5 or more dwelling units for rent in the
State may not rent a residential dwelling unit without using a written
lease.
(2) If a landlord fails to comply with paragraph (1) of this
subsection, the term of the tenancy is presumed to be 1 year from the
date of the tenant's first occupancy unless the tenant elects to end the
tenancy at an earlier date by giving 1 month's written notice.
(b) Same — Copy of proposed form to prospective applicants.
— A landlord who rents using a written lease shall provide, upon
written request from any prospective applicant for a lease, a copy of the
proposed form of lease in writing, complete in every material detail,
except for the date, the name and address of the tenant, the designation
of the premises, and the rental rate without requiring execution of the
lease or any prior deposit.
(c) Same — Contents. — A lease shall include:
(1) A statement that the premises will be made available in a
condition permitting habitation, with reasonable safety, if that is the
agreement, or if that is not the agreement, a statement of the agreement
concerning the condition of the premises; and
(2) The landlord's and the tenant's specific obligations as to heat,
gas, electricity, water, and repair of the premises.
(d) Same — Prohibited provisions. — A landlord may not use
a lease or form of lease containing any provision that:
(1) Has the tenant authorize any person to confess judgment on a claim
arising out of the lease;
(2) Has the tenant agree to waive or to forego any right or remedy
provided by applicable law;
(3)(i) Provides for a penalty for the late payment of rent in excess
of 5% of the amount of rent due for the rental period for which the
payment was delinquent; or
(ii) In the case of leases under which the rent is paid in weekly
rental installments, provides for a late penalty of more than $3 per week
or a total of no more than $12 per month;
(4) Has the tenant waive the right to a jury trial;
(5) Has the tenant agree to a period required for landlord's notice
to quit which is less than that provided by applicable law; provided,
however, that neither party is prohibited from agreeing to a longer
notice period than that required by applicable law;
(6) Authorizes the landlord to take possession of the leased
premises, or the tenant's personal property unless the lease has been
terminated by action of the parties or by operation of law, and the
personal property has been abandoned by the tenant without the benefit of
formal legal process;
(7) Is against public policy and void pursuant to §
8-105 of this title; or
(8) Permits a landlord to commence an eviction proceeding or issue a
notice to quit solely as retaliation against any tenant for planning,
organizing, or joining a tenant organization with the purpose of
negotiating collectively with the landlord.
(e) Same — Automatic renewal provisions. — (1) Except for a
lease containing an automatic renewal period of 1 month or less, a lease
that contains a provision calling for an automatic renewal of the lease
term unless prior notice is given by the party or parties seeking to
terminate the lease, shall have the provision distinctly set apart from
any other provision of the lease and provide a space for the written
acknowledgment of the tenant's agreement to the automatic renewal
provision.
(2) An automatic renewal provision that is not specifically
accompanied by either the tenant's initials, signature, or witnessed mark
is unenforceable by the landlord.
(f) Supplementary rights afforded by local law or ordinance. — No
provision of this section shall be deemed to be a bar to the applicability
of supplementary rights afforded by any public local law enacted by the
General Assembly or any ordinance or local law enacted by any
municipality or political subdivision of this State; provided, however,
that no such law can diminish or limit any right or remedy granted under
the provisions of this section.
(g) Prohibited provisions not enforceable; damages. — (1) Any
lease provision which is prohibited by terms of this section shall be
unenforceable by the landlord.
(2) If the landlord includes in any lease a provision prohibited by
this section or made unenforceable by § 8-105 or §
8-203 of this title, at any time subsequent to July 1, 1975,
and tenders a lease containing such a provision or attempts to enforce or
makes known to the tenant an intent to enforce any such provision, the
tenant may recover any actual damages incurred as a reason thereof,
including reasonable attorney's fees.
(h) Severability. — If any word, phrase, clause, sentence, or any
part or parts of this section shall be held unconstitutional by any court
of competent jurisdiction such unconstitutionality shall not affect the
validity of the remaining parts of this section.
§ 8-204 REAL PROP. Covenant of quiet enjoyment required of landlord.
(a) Applicability of section. — This section is applicable only
to single or multi-family dwelling units.
(b) Covenant of quiet enjoyment required. — A landlord shall
assure the tenant that the tenant, peaceably and quietly, may enter on
the leased premises at the beginning of the term of any lease.
(c) Abatement of rent for failure to deliver. — If the landlord
fails to provide the tenant with possession of the dwelling unit at the
beginning of the term of any lease, the rent payable under the lease
shall abate until possession is delivered. The tenant, on written notice
to the landlord before possession is delivered, may terminate, cancel,
and rescind the lease.
(d) Liability of landlord. — On termination of the lease under
this section, the landlord is liable to the tenant for all money or
property given as prepaid rent, deposit, or security.
(e) Consequential damages. — If the landlord fails to provide the
tenant with possession of the dwelling unit at the beginning of the term
of any lease, whether or not the lease is terminated under this section,
the landlord is liable to the tenant for consequential damages actually
suffered by the tenant subsequent to the tenant's giving notice to the
landlord of the tenant's inability to enter on the leased premises.
(f) Eviction of tenant holding over — The landlord may bring an
action of eviction and damages against any tenant holding over after the
end of the tenant's term even though the landlord has entered into a
lease with another tenant, and the landlord may join the new tenant as a
party to the action.