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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5654
Experience:  28 years of experience in general practice, real estate law and estate law.
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I need to known what to do wwhen you are being evicted

Customer Question

I need to known what to do wwhen you are being evicted illegally
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 month ago.
Good afternoon. What state and city are you located?
Customer: replied 1 month ago.
Silver spring maryland
Expert:  KJL LAW replied 1 month ago.

Let me have a Maryland attorney assist you.

Expert:  Attyadvisor replied 1 month ago.

I am a different Attorney and it will be my pleasure to assist you. Can you explain what the landlord is doing in the eviction that is illegal?

Expert:  Attyadvisor replied 1 month ago.

I have not received a response for you so I will provide general information on illegal evictions.

“Maryland landlords must follow specific rules and procedures when evicting a tenant (see the article How Evictions Work: What Renters Need to Know, on this site). The state forbids landlords from taking the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, removing the front door, or turning off the heat or electricity—all of which may be the basis for a tenant suing a landlord. damages are determined by the court in Maryland.”

http://www.nolo.com/legal-encyclopedia/illegal-eviction-procedures-maryland.html

“A tenant may come home to his apartment to find that the landlord has changed the locks or cut off an essential service such as gas, heat, water, electricity, etc. to which the tenant is entitled. Such action usually follows a tenant being behind in rent,staying after the day the tenant was to vacate the apartment, or is simply the result of an argument between the tenant and landlord. Sometimes it is the result of the landlord’s failure to pay a utility bill he is responsible for under the terms of the lease. The landlord may not take possession or threaten to take possession of the leased premises or tenant’s property without a court order or unless the tenant has abandoned the property. Read the Law: MD Code Real Prop. § 8-216 (link is external)

The landlord cannot legally cut off or diminish essential services such as gas, electricity, water, heat, etc., to which tenant is entitled. The landlord’s failure to provide an essential service does not give the tenant the right to stop payment of rent, but it may make the tenant eligible for rent escrow relief. Read the Law: MD Code Real Prop. § 8-211 (link is external), MD Code Real Prop. § 8-216 (link is external) & Public Local Laws of Baltimore City § 9-9 (link is external)

In addition, a landlord who locks out a tenant or reduces essential services can be sued for a breach of the covenant of quiet enjoyment by the tenant. The tenant would be able to ask for damages including, but not limited to lost or damaged property, cost of a motel and food, storage fees and reasonable attorneys' fees. A tenant who is denied entry to the property may also sue the landlord for similar damages for constructive eviction. The landlord could also be held liable for the difference the tenant must pay for rent in a new property. Read the Law: MD Code Real Prop. § 8-216 (link is external)”

https://www.peoples-law.org/essential-servicesillegal-lock-out

Evictions cannot be retaliatory https://www.peoples-law.org/retaliatory-evictions

Pursuant to the terms of service of the site the Attorneys on the site are not permitted to enter into Attorney/Client relationships with the customer. That be said I can provide a link for local Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/landlord-tenant/silver-spring/maryland

Please let me know if you have any additional questions.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Or I can opt out if you are not satisfied with my service and another attorney can assist you. Just let me know.

Expert:  Attyadvisor replied 1 month ago.

Please ignore additional services.