COVID - LANDLORD/ TENANT & EVICTIONS
Courts open to hear housing cases
Pursuant to Chief Judge Mary Ellen Barbera’s Administrative Order issued on November 24, 2020, courts will operate under Phase 2 of the Judiciary’s Phased Reopening Plan through March 14, 2021.
Types of Landlord/Tenant cases being heard:
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(1) rent escrow actions, provided local inspection practices are capable of being conducted
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(2) emergency breach of lease involving threats or injury to people or property and associated warrants of restitution
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(3) emergency wrongful detainer actions and associated warrants of restitution
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(4) emergency tenant holding over actions and associated warrants of restitution
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(5) processing of warrants of restitution for failure to pay rent actions
Phases may vary from jurisdiction to jurisdiction. Check the local court’s website before visiting a court location: https://mdcourts.gov/coronaviruslocationupdates
An individual may request to participate remotely either by video or telephone. Please use the following form if you want to request to participate remotely: https://mdcourts.gov/sites/default/files/court-forms/ccdc110.pdf
Landlord/Tenant Cases
Residential Evictions Can Resume as of July 25, 2020. A previous administrative order stayed all residential evictions. These matters are now resumed.
Failure to Pay Rent. Landlords filing a complaint for failure to pay rent from May 20 through August 24, 2020, must include a Declaration of Compliance with the CARES Act. Filings that do not include the certification will not be accepted by the clerk.
Rent Escrow. You may file rent escrow or raise it as a defense in a Failure to Pay Rent case. This is when a tenant proves there is a health or safety problem on the premises that the landlord knew about, but failed to fix. Hearings on Rent Escrow cases may depend on whether inspection practices are being conducted.
Warrant of Restitution. If a tenant does not leave the premises within four (4) days after the Landlord obtains a judgment, the Landlord can seek a warrant of restitution. This allows for a sheriff to get involved, evict the tenant and remove his or her possessions.
Tenant Holding Over. This is when a tenant remains on the premises after his or her lease is terminated.
Wrongful Detainer. This is when an individual holds possession of property without the legal right to do so.
Eviction Protections
Maryland Protection. On October 16, 2020, Governor Larry Hogan issued an Administrative Order, which provides that until the state of emergency is lifted, courts cannot grant a judgment for possession of residential, commercial, or industrial property, or issue a warrant of restitution (the document required for eviction) if the tenant can show they suffered a substantial loss of income resulting from COVID-19.
Federal Protection. The Centers for Disease Control and Prevention (CDC) issued an order that says a landlord cannot evict a tenant before January 31, 2021, if the tenant provides the landlord a declaration stating they meet certain conditions:
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Landlord information: https://mdcourts.gov/legalhelp/housinglandlords
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Tenant Information: https://mdcourts.gov/legalhelp/housingtenants
Housing Legal Services
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Community Legal Services of Prince George’s County, Monday - Friday: 9:00am to 5:00pm, 240-391-6370
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Disability Rights Maryland, Monday-Friday: 9am-5pm, 410-727-6352
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Homeless Persons Representation Project, Montgomery County, 410-387-3126 Baltimore: Monday - Thursday, 9am-2:30pm; Fridays 9am-1pm, call 410-364-4198; after hours call 410-685-6589
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Maryland Legal Aid, Telephone Intake (phone and hours vary by location), Online intake
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Maryland Volunteer Lawyers Service, Monday-Thursday: 9am-12pm, 410-547-6537 or 800-510-0050, Online Intake
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Pro Bono Resource Center of MD
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Homeowners at risk of tax sale: 443-703-3052
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Immigrants in removal proceedings: 443-703-3054
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Tenants with rent court cases pending in Baltimore City District Court: 443-703-3049
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Consumers with pending cases in Baltimore City District Court or Prince George’s County District Court: 443-703-3049
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Public Justice Center, 410-625-9409 or 866-625-9409
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St. Ambrose Housing Aid Center, Inc., Monday-Friday: 9am-5pm, 410-366-8550
Other Resources
Fair Development Roundtable Know Your Rights video: https://www.youtube.com/watch?v=e7Xm7puZowo&feature=youtu.be
FAQ on Renters Rights during COVID: https://9ac3d582-6211-42bd-b50b-f6be674fa527.usrfiles.com/ugd/9ac3d5_ba9bc10a7f544b3d9579870e9dd35280.pdf
Eviction Flowchart: https://9ac3d582-6211-42bd-b50b-f6be674fa527.usrfiles.com/ugd/9ac3d5_4adf1e04548e4bb3bc99037c4f46d9ea.pdf
Maryland Legal Aid Housing/ Consumer Law One-Pager: https://www.mdlab.org/wp-content/uploads/Housing-Consumer-COVID-one-pager.pdf