Home Table of Contents

§ 8A-1301. Retaliatory evictions prohibited

West's Annotated Code of MarylandReal PropertyEffective: April 10, 2012

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 8a. Mobile Home Parks (Refs & Annos)
Subtitle 13. Retaliatory Actions (Refs & Annos)
Effective: April 10, 2012
MD Code, Real Property, § 8A-1301
§ 8A-1301. Retaliatory evictions prohibited
Currentness
In general
(a)(1) For any reason listed in paragraph (2) of this subsection, a park owner may not:
(i) Bring or threaten to bring an action for possession against a resident;
(ii) Arbitrarily increase the rent or decrease the services to which a resident has been entitled; or
(iii) Terminate a periodic tenancy.
(2) A park owner may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:
(i) Because the resident or the resident's agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:
1. The park owner; or
2. Any public agency against the park owner;
(ii) Because the resident or the resident's agent has:
1. Filed a lawsuit against the park owner; or
2. Testified or participated in a lawsuit involving the park owner; or
(iii) Because the resident has participated in any tenant's organization.
Retaliatory action of park owner used as defense or claim for damages
(b)(1) A park owner's violation of subsection (a) of this section is a “retaliatory action”.
(2) A resident may raise a retaliatory action of a park owner:
(i) In defense to an action for possession; or
(ii) As an affirmative claim for damages resulting from a retaliatory action of a park owner occurring during a tenancy.
Amount of damages
(c) If in any proceeding the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter judgment against the park owner for damages not to exceed the equivalent of 3 months' rent, reasonable attorney's fees, and court costs.
Time of retaliatory action
(d) An action by a park owner may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a resident's action that is protected under subsection (a)(2) of this section.
Rights of parties relating to breech of agreement or rules
(e) As long as a park owner's termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the park owner's or the resident's rights arising from breach of any provision of a rental agreement or rule, or either party's right to terminate or not renew a rental agreement pursuant to the terms of the rental agreement or the provisions of other applicable law.
Construction with other laws
(f) If any county has enacted or enacts an ordinance comparable in subject matter to this section, this section shall supersede the provisions of the ordinance to the extent that the ordinance provides less protection to a resident.

Credits

Added by Acts 1980, c. 843, § 3, eff. July 1, 1980. Amended by Acts 1981, c. 2, § 3; Acts 1982, c. 17, § 7; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2011, c. 264, § 1, eff. Oct. 1, 2011; Acts 2011, c. 265, § 1, eff. Oct. 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.
MD Code, Real Property, § 8A-1301, MD REAL PROP § 8A-1301
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document