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Retaliatory Action in Maryland – The Pendergraft Firm, LLC.

A tenant may file a complaint for retaliatory action if a landlord takes “retaliatory action” against the tenant. Retaliatory action can also be raised as a defense to a landlord’s action for possession. An example of a retaliatory action is a landlord filing to evict a tenant after the tenant has filed an action against the landlord for rent escrow.

What is a Retaliatory Action

Retaliatory action is bringing an action or threatening to evict a tenant, arbitrarily increasing the rent or decreasing services to which the tenant is entitled, or terminating a periodic tenancy for including but not limited to the following reasons:

(1) The tenant or his agent has provided written or actual notice of a good faith complaint about an alleged violation of the lease, Maryland law, or condition of the leased premises that is a substantial threat to the health and safety of occupants to either the landlord or any public agency against the landlord.

(2) The tenant or his agent has filed a lawsuit against the landlord or has testified or participated in a lawsuit against the landlord.

(3) Because the tenant has participated in a tenants organization.

How to Avoid Being Sued for Retaliatory Action

An action by a landlord is not considered retaliatory by Maryland law if the landlord waits six months after a tenant’s action that is protected by Maryland law before filing suit.

Tenants Can Win Big Pay Outs

If a court finds in favor of the tenant in a retaliatory action suit a judge can award up to 3 months rent, reasonable attorney fees, and court costs.

The Pendergraft Firm LLC Retaliatory Eviction Practice

Brian Pendergraft is a Maryland landlord-tenant attorney that has successfully represented both landlords and tenants in the District Court of Maryland. Call us at (301) 205-9013 or E-mail [email protected] to schedule a free phone consultation!

Unable To Afford an Attorney or Would Rather Do It Yourself?

Check out my Maryland Landlord Self-Help Eviction Legal Kit or my Maryland Tenant Rights Legal Kit. The kits contain my strategies and sample pleadings for representing landlords and tenants in Maryland.

Maryland Landlord Self-Help Eviction Legal Kit

Maryland Tenant Right’s Self-Help Legal Kit