Welcome to our in-depth guide on the common causes of action between landlords and tenants. If you’re currently facing a dispute with your landlord or tenant, you’re not alone. These types of disagreements can arise for various reasons, and it’s crucial to understand the legal aspects involved to protect your rights. In this article, we will discuss various lawsuits that can occur between landlords and tenants, as well as common defenses that may be used.
Important Note
If you have been served with a complaint and summons, it is vital to show up at the designated date, time, and court location. Failing to do so may result in a judgment being entered against you. For more information, read the article Rent Court and Eviction Cases. If you have additional questions, consider talking to an attorney about any problem concerning a dispute between you and a landlord or tenant. For more information, you can read Getting Legal Help in Maryland.
Landlord Causes of Action
- Failure to Pay Rent
A landlord can ask the court to evict a tenant and request money damages for rent, late fees, and court costs if a tenant does not pay rent. The landlord can file a complaint immediately after the tenant fails to pay rent. For more information, read Failure to Pay Rent.
- Tenant Defenses:
- Procedural defect in service/complaint
- Payment
- Failure to provide lead registration/certificate
- Failure to have a Landlord license/registration
- Non-rent collection action
- Tenant is enrolled in Housing Choice Voucher Program
- Breach of covenant of quiet enjoyment
- Breach of warranty of habitability
- Breach of Lease
When a tenant breaches the lease, the landlord may request that the court evict the tenant. This process can only be used for seeking an eviction. For obtaining money damages, please see Lawsuits for Money Damages after Tenant Leaves.
- Landlord’s Initial Steps to Take:
- Give notice of violation of lease
- File a Complaint and Summons Against Tenant in Breach of Lease (DC-CV-085)
- Tenant Defenses:
- No notice
- Breach of lease is minor
- Retaliation
Tenant Causes of Action
- Rent Escrow
If a landlord fails to repair hazardous conditions on the property, a tenant can request that the court order the landlord to make the repairs or escrow the rent with the court until the repairs are made.
- Tenant Defenses:
- No hazardous conditions
- Landlord already made repairs
- Tenant caused the hazardous conditions
- Wrongful Detainer
A tenant can sue a landlord for wrongful detainer if the landlord unlawfully evicts the tenant or changes the locks without a court order.
- Tenant Defenses:
- Landlord had a valid reason for eviction
- Tenant was not evicted
- Breach of Covenant of Quiet Enjoyment
A tenant can sue a landlord for breach of the covenant of quiet enjoyment if the landlord or another tenant significantly interferes with the tenant’s use and enjoyment of the property.
- Tenant Defenses:
- No breach of covenant of quiet enjoyment
- Interference was minor
- Withholding Rent
A tenant can withhold rent if the landlord fails to make necessary repairs or violates other lease terms. However, the tenant must follow specific procedures and give the landlord an opportunity to make the repairs before withholding rent.
- Tenant Defenses:
- Landlord failed to make necessary repairs
- Tenant followed proper procedures
- Lawsuits for Money Damages after Tenant Leaves
A tenant can be sued for money damages if they damage the property or break the lease.
- Tenant Defenses:
- Damage was not caused by tenant
- Damage was minimal
- Lease was broken due to landlord’s breach
In conclusion, disputes between landlords and tenants can be complicated and emotionally charged. Understanding the legal aspects of these disagreements is crucial to protecting your rights and resolving the situation effectively. By familiarizing yourself with the common causes of action and defenses discussed in this guide, you’ll be better prepared to navigate any landlord-tenant disputes that may arise. Remember, if you need legal assistance, don’t hesitate to call us at JC Law.
