Information for Tenants

HOW DO I FILE AN APPEAL?

Each party has the right to appeal by ling

an appeal on form DC-CV-037. In failure to

pay rent cases, the appeal must be led no

later than 4 business days aer the date of

judgment. In all other acons for possession,

the appeal must be led no later than 10

calendar days aer the date of judgment.

Whether the appeal is de novo (a new trial)

or on the record depends on the amount

in controversy. The ling of an appeal does

not automacally stay the evicon. Posng

the bond ordered by the Court will stay the

evicon unl the Circuit Court decides the

appeal.

MEDIATION: AN ALTERNATIVE

The District Court’s Alternative Dispute Resolution

Program (ADR) offers mediation free of charge.

It is less formal, less time-consuming and less costly

than going to court. A trained mediator will work

with both sides to try to arrive at a mutually

agreeable solution. If mediation is not successful,

you may still seek a decision by the Court.

DC-CV-082TBR (Rev. 04/2018)

For more information on Maryland courts and

procedures, please contact a clerk in any state or

county courthouse or visit the Maryland Judiciary

website

www.mdcourts.gov

It is the mission of the District Court

of Maryland to provide equal and exact

justice for all who are involved in

litigation before the court.

Information contained in this brochure is intended to inform

the public and is not intended to serve as legal advice.

This brochure is subject to revision at any time without prior notice.

Any reproduction of this material must be authorized by the

Ofce of the Chief Clerk of the District Court of Maryland.

DO I NEED A LAWYER?

In some instances, corporaons and certain

other business enes must be represented by

an aorney. Otherwise, you are not required

to have a lawyer, although one could be helpful

to you.

WHAT HAPPENS IN COURT?

When both sides appear: the Court will hear

both sides of a case and make a decision. If the

landlord wins, the Court will enter a judgment

of possession, and if there was personal service

on the tenant, the Court may also issue a

money judgment in the amount of rent and

costs due.

When the landlord fails to appear: the Court

will most likely dismiss the case.

When the tenant fails to appear: the Court will

most likely enter a judgment in favor of the

landlord.

WHAT SHOULD I BRING WITH ME TO

COURT? You should bring all of your evidence,

that is, whatever you have that you believe

would support your claim or defense.

HOW DO I REQUEST A

POSTPONEMENT? You should make your

request in wring prior to the court date, send

a copy of your request to the opposing party,

and cerfy that you have done so. However,

you may also request a postponement in court

on the trial date.

HOW DOES THE EVICTION PROCESS

WORK?

To begin the process of evicon, the landlord

requests a Warrant of Restuon.

If the tenant does not pay all rent and costs

determined by the Court to be due, the tenant

may be evicted. Generally, the tenant may

prevent evicon by paying all rent and costs

due at any me before the evicon. This is

known as the tenant's right of redempon.

Excepon: Foreclosure of the right of

redempon: If there have been 3 prior

judgments for possession (4 in Balmore City)

in the preceding 12 months, the Court may

foreclose (deny) the right of redempon.

WHAT ARE MY RIGHTS TO A JURY

TRIAL?

Jury trials are held in the Circuit Court, not

the District Court. If the amount of the

claim exceeds $15,000, or if the value of the

tenant's interest in the leasehold is greater

than $15,000, either party may request a jury

trial. Jury trial requests must be in wring. In

a residenal tenancy, a request for a jury trial

may be led no later than the rst appearance

of the pares in District Court.

HOW DO I FILE A CLAIM FOR HOUSING

DISCRIMINATION?

Housing discriminaon complaints are handled

by the United States Department of Housing

and Urban Development (HUD).

FREQUENTLY ASKED QUESTIONS

Information

for Tenants

How

Tenants

Can Resolve

Disputes

with

Landlords

HOW DO I FILE AN APPEAL?

Each party has the right to appeal by ling an ap-

peal on form DC/CV 37. In failure to pay rent cases,

the appeal must be led no later than 4 business

days aer the date of judgment. In all other acons

for possession, the appeal must be led no later

than 10 calendar days aer the date of judgment.

Whether the appeal is de novo (a new trial) or on

the record depends on the amount in controversy.

The ling of an appeal does not automacally stay

the evicon. Posng the bond ordered by the court

will stay the evicon unl the Circuit Court decides

the appeal.

RIGHTS AND

REMEDIES OF

THE TENANT

Filing with the Court:

Please make sure that your paperwork is

accurate and legible. All correspondence with

the Court aer the inial ling should include

the case number and a cercaon that

you sent a copy to the landlord. The proper

locaon for ling is in the county where the

property is located.

Specic Problems and

Court Remedies

SERIOUS HEALTH OR SAFETY

ISSUE(S)

What to le: Complaint for Rent Escrow/

Injuncon (DC-CV-083). Note: You may also

raise a serious health or safety issue as a

defense if your landlord les a Failure to Pay

Rent case against you. The informaon below

regarding noce and what you must prove

sll applies.

What is covered? Condions and defects

that constute a re hazard or a serious and

substanal threat to the life, health or safety

of occupants, including, but not limited to:

(1) lack of heat, light, electricity, or hot or cold

water, except where the tenant is responsible

for their payment and the lack thereof is the

direct result of the tenant's failure to pay,

(2) lack of adequate sewage disposal,

(3) rodents in two or more dwelling units,

(4) structural defect which presents a serious

and substanal threat to physical safety, or

(5) a condion which presents a health or re

hazard to the dwelling unit.

Minor defects that do not constute a health

or safety hazard are not covered.

Do I have to do anything before ling?

Yes. You must give the landlord noce of the

defect(s) or condion(s) by: (1) cered mail

lisng the condions or defects, (2) actual

noce of the defects or condions, or (3) a

noce from a government agency stang the

asserted condions or defects.

What do I have to prove?

(1) The existence of covered condion or

defect, (2) noce to the landlord, (3) the

landlord was given a reasonable me to make

the repair(s) [more than 30 days is presumed

by law to be unreasonable], and (4) the

landlord has failed to do so.

What can the court do?

If the tenant is successful, the court may do

one or more of the following: (1) order the

landlord to make the repairs, (2) reduce the

rent due, (3) order that the rent be paid into

the court escrow instead of to the landlord, or

(4) terminate the lease.

LANDLORD FAILS TO RETURN

YOUR SECURITY DEPOSIT

What to le: District Court Complaint

(DC-CV-001). Note, you must have the landlord

personally served.

Do I have to do anything before ling?

No.

What do I have to prove?

(1) The tenancy has terminated, and (2) the

landlord, without a reasonable basis, failed

to return any part of the security deposit,

plus accrued interest, within 45 days aer the

terminaon of the tenancy.

Tenant's Rights:

(1) You have the right to be present at the

inspecon of the premises for damages,

provided that you gave at least 15 days' noce

by cered mail of your intenon to move, the

date of move, and your new address.

(2) The landlord must send you noce by

rst-class mail directed to the last known

address of the tenant, within 45 days aer the

terminaon of the tenancy, a wrien list of the

damages claimed and costs actually incurred.

What can I recover? Up to 3 mes the

amount wrongfully withheld, plus reasonable

aorney's fees.

BREACH OF THE COVENANT OF

QUIET ENJOYMENT

What to le: Complaint for breach of the

Covenant of Quiet Enjoyment (on DC-CV-001,

the District Court Complaint form).

The Covenant of Quiet Enjoyment means that

the landlord must control disturbances to your

peaceful enjoyment of the rental property that

s/he has the ability and authority to control.

Note: the Court may require that you

previously noed the landlord of the problem

and gave the landlord a reasonable opportunity

to correct it.

ILLEGAL ENTRY, LOCKOUT, OR

DIMINUTION OF SERVICES BY

LANDLORD

1. When the landlord enters the rental

premises without legal authority, you can le:

(a) Complaint for breach of the Covenant of

Quiet Enjoyment (on DC-CV-001, the District

Court Complaint form), or

(b) Peon for Peace Order (DC-PO-001,

DC-PO-001A, DC-PO-001S; see brochure

CC-DC-DV-PO-001BR for more details), or

2. When landlord unlawfully locks a tenant out

or otherwise unlawfully causes a diminuon of

services to the tenant, tenant may be entled

to be placed back in possession of the property,

or an award of actually monetary damages,

aorneys fees, and costs, depending on the

circumstances.