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§ 8-5A-04. Actions for possession of property against victims of abuse

West's Annotated Code of MarylandReal PropertyEffective: June 1, 2022

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 8. Landlord and Tenant (Refs & Annos)
Subtitle 5a. Rental Housing--Victims of Domestic Violence and Sexual Assault (Refs & Annos)
Effective: June 1, 2022
MD Code, Real Property, § 8-5A-04
Formerly cited as MD REAL PROP § 8-5A-05
§ 8-5A-04. Actions for possession of property against victims of abuse
Currentness
Application of section
(a) This section applies to an action for possession of property under § 8-402.1 of this title against a tenant or legal occupant who is a victim of abuse.
Abuse raised as defense in action for possession of property
(b)(1) A tenant is deemed to have raised a rebuttable presumption that the alleged breach of the lease does not warrant an eviction if the tenant provides to the court:
(i) A copy of a protective order issued for the benefit of the tenant or legal occupant under § 4-506 of the Family Law Article;
(ii) A copy of a peace order issued for the benefit of the tenant or legal occupant under § 3-1505 of the Courts Article for which the underlying act was an act of abuse; or
(iii) A report by a qualified third party, provided that:
1. The name and physical description of the alleged perpetrator are redacted; and
2. The alleged breach of the lease occurred within 60 days of the date the report was signed by the qualified third party.
(2) If an act of abuse is raised as a defense in an action for possession of property under § 8-402.1 of this title, the court, in its discretion, may enter a judgment in favor of a tenant who does not provide the evidence described in paragraph (1) of this subsection.

Credits

Added as Real Property § 8-5A-05 by Acts 2010, c. 318, § 1, eff. Oct. 1, 2010; Acts 2010, c. 319, § 1, eff. Oct. 1, 2010. Renumbered as Real Property § 8-5A-04 and amended by Acts 2022, c. 34, § 3, eff. June 1, 2022.
MD Code, Real Property, § 8-5A-04, MD REAL PROP § 8-5A-04
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document