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Beware of Retaliatory Actions: What Maryland’s landlord-tenant laws say about it

As a landlord, or a property manager acting on behalf of rental property owners, you probably deal with dozens (if not more!) of calls, complaints, or grievances each month. Some of the complainants may have valid cause to complain. Others may have personal “agendas” for raising a gradience. Regardless of what the case might be, Maryland’s landlord-tenant law stipulates, that landlords, or property management companies in Baltimore MD acting on their behalf, must treat such complaints with care and respect.

However, sometimes, how you react to a complaint might be construed as “retaliatory”, which could then result in you, the landlord/property owner/property manager, being in breach of the law.

As a property manager, you are acting for and on behalf of a property owner (or in your own accord if you own and manage your property). This puts you in a certain position of “influence” over your tenants, which power the law also recognizes. That’s why, the law has built-in provisions protecting tenants against the undue use of such power.

When it comes to dealing with tenants and prospective renters, companies, involved in property management in Baltimore, have certain rights granted to them – including that of performing background checks, expecting timely rental payments, and evicting non-compliant (to lease agreement) tenants. However, if a tenant does lodge a grievance or a complaint for any reason (not necessarily related to the landlords’ rights highlighted above), such tenants enjoy certain rights too.

In the sections below, we’ll explore various aspects of retaliatory action, and discuss what potential remedies are available to landlords and tenants. We’ll also touch upon some caveats to the retaliation laws, which every property manager must understand. Having such an understanding prevents landlords and property managers from taking steps that could, potentially complicate an otherwise less complex situation.

During day-to-day interaction with them, tenants may potentially view some of what a landlord or property manager does, as retaliatory, but which might in fact be just “normal course” business activity. However, in other cases retaliation might ensue, either intentionally, unintentionally, or as a result of ignorance of the law.

Some specific situations faced by landlords or property management companies in Baltimore MD, that might give rise to retaliation include:

• A tenant, or agents acting on their behalf, provides notice in writing, about health and safety violations on the property, to the landlord/manager or a relevant government agency
• A similar written notice, originating from a tenant to a governing body, alleging lease violations by the manager/landlord
• Tenant activity to form a tenants’ association or union
• Tenants joining a rate-payers union, or attending events and activities hosted or organized by the union, regardless of whether such activities occur on the property or elsewhere
• Written notices from tenants, to law enforcing agencies, about possible infringements of the law on the property – either by the landlord, his/her agent, or other tenants, guests, or visitors
• Complaints received from tenants about lead-based paint hazards on the property
• The filing of a lawsuit by a tenant against the property manager or owner
• Tenants testifying against the owner/manager in a lawsuit, either related or not to the property

Maryland’s landlord-tenant laws have provisions that protect renters and tenants from any actions of a landlord, subsequent to (more on this later) the above activity/actions by a tenant. Section §§ 8-208.1, 8-208.2 of the State Code enshrines these rights. To avoid any accusation of retaliation – either real or perceived - Individuals and companies involved in property management in Baltimore must ensure they know and understand what these provisions stipulate.

There could be various ways that a landlord or property manager “retaliates”. For instance, one “passive” form of retaliation might come in the form of a property manager not greeting or acknowledging a tenant in common places, such as a hallway, street or in the elevator. The law does not encourage such actions, but there are no legal stipulations barring them either.

Other retaliation might come in the form of a landlord or his/her agent withdrawing certain “extra” privileges that only the errant tenant previously enjoyed. Landlords may bar previously tolerated, albeit minor, lease agreement violations. For instance, if another tenant raises an issue, the landlord may now bar a (complaining) tenant from affixing a pole and hosting a flag on common property outside their unit – a clause stipulated in the lease agreement, and something that no other tenants do; but which remained unenforced hereto as a “special privilege” to the complainant.

Some tenants might feel strongly that property management companies in Baltimore MD, indulging in the above activities may, in fact, be retaliating against them. However, Maryland landlord-tenant laws, regarding retaliatory action, don’t necessarily encompass these scenarios. Here are some likely retaliatory scenarios that the law forbids:

1. Threaten, or take action that threatens, occupancy of a unit against a tenant
2. Arbitrary rent increases
3. Decreasing or withholding entitled services to a complainant
4. Termination of a periodic tenancy
5. Evict a tenant (also known as retaliatory eviction) solely on any of the above grounds

Landlords may also not harass or threaten (verbally, physically, or though other threatening actions) a tenant; nor is the landlord/property manager allowed to change locks on a complaining tenants unit.

Clearly, professionals engaged in property management in Baltimore typically will not engage in retaliatory action. Not only does that run contrary to the principles and values of the profession; it may also generate negative publicity for the property, the landlord and, most importantly, the property manager. However, it does help to know of the fallout of potential legal judgements if courts determine that landlords have indulged in retaliatory measures.

The court may award any/all of the following to the tenant:

• Damages not exceeding three months’ rent
• Appropriate court costs
• Reasonable attorney fees

If the court finds the tenants lawsuit is in bad faith, it may award a similar penalty against the tenant – i.e., not more than 3-months rent, court costs and attorney fees. The best course of action, for both landlords and property managers, is to always conduct yourselves in a way that’s transparent and clearly documented. Best practices in this respect include:

• Where possible, all communications with tenants, who may have filed grievances or complaints against the landlord or property manager – must occur in writing
• When mailing documents or responses to a tenant, related to an ongoing dispute or grievance, always use registered post, with a mandatory acceptance signature option
• If verbal communication or discussions must occur, either conduct such sessions in the presence of witnesses or, with the tenants (or his/her agents) concurrence, record the sessions for future reference 

A final note of caution, about either real or perceived retaliatory actions, is that it behooves property managers to address any written grievance quickly, and with all available evidence. For instance, in the example cited earlier (a tenant granted tacit approval – though not formal – to mount a post and fly a flag on otherwise prohibited areas), if the said tenant does file a grievance for revoking a right granted, property management companies in Baltimore MD must quickly disclose why that right stands revoked:

1. Because another tenant has now lodged a formal complaint; and
2. Because there are explicit bylaws stating that such privileges are at the sole discretion of a property owner’s discretion   

The courts will likely dismiss a grievance if property managers can demonstrate that the “exemption” was tolerated while no other tenants took umbrage to the flag-flying activity.  

When responding to lawsuits alleging retaliation, property owners (and managers) should be aware of certain exceptions to the laws. There are several critical caveats that apply to when tenants may legally claim retaliation:

1. The 6-Month Caveat: For the court to consider the landlord or his/her agent retaliated against the tenant, said retaliation must occur within 6-months of a tenant’s actions that prompted the retaliation
2. Contingent on Rental Currency: To entertain a complaint against a landlord, complainant tenants must be current on their rental obligations. The exception to this rule is where a tenant legally withholds rent in accordance with provisions of his/her leasing agreement
3. Time of filing: The tenant may not have a valid grievance if a period of more than 6-months have passes, between the court’s determination on an initial claim; and a subsequent claim of retaliation
4. If a tenant files a grievance, but his/her lease term is set to expire anyway, the courts may not consider it retaliatory eviction if the landlord subsequently chooses not to extend a periodic lease

These are generic guidelines about how practitioners of property management in Baltimore should deal with complaints about retaliatory behavior. It’s always advisable to check local laws, which may trump state interpretations of specific statues. And always consult a legal professional to receive personalized advice about your specific situation.