Legal Packet

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MARYLAND )

) ss.

[COUNTY] COUNTY )

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[TENANT FULL NAME],

Defendant/Tenant,

v.

[LANDLORD FULL NAME],

Plaintiff/Landlord.

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ANSWER TO COMPLAINT FOR POSSESSION

DISTRICT COURT OF MARYLAND FOR [COUNTY] COUNTY

Case No.: _______________

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COMES NOW Defendant, [TENANT FULL NAME], and submits this Answer to the Complaint

for Possession as follows:

PARTIES AND JURISDICTION

1. Defendant [TENANT FULL NAME] is a tenant residing at [PROPERTY ADDRESS],

[CITY], Maryland [ZIP].

1. Plaintiff [LANDLORD NAME] is the owner/landlord or agent of the subject

property.

1. This Court has jurisdiction over this action for possession pursuant to

Md. Code, Real Property § 8-401.

STATEMENT OF FACTS

1. Defendant has resided at the subject property since [MOVE-IN DATE] under a

[written/oral] lease agreement.

1. The monthly rent is $[AMOUNT], due on the [DAY] of each month.

1. On or about [DATE], Defendant was served with a Summons and Complaint for

Possession based on [state grounds: failure to pay rent / breach of lease /

holdover].

1. [Describe what happened: any rent paid, any conditions at the property,

any communications with landlord, any repairs requested, any complaints

filed with housing agencies.]

GENERAL DENIAL

1. Defendant denies each and every allegation contained in the Complaint not

specifically admitted herein.

DEFENSES

FIRST DEFENSE: BREACH OF WARRANTY OF HABITABILITY / RENT ESCROW

1. Under Md. Code, Real Property § 8-211, "It is the public policy of the State

that meaningful sanctions be imposed on a landlord that allows dangerous

conditions and defects to exist in leased premises, and that an effective

mechanism be established for repairing these conditions and halting their

creation."

1. Md. Code, Real Property § 8-211(d) provides that this section applies to

conditions including: "(1) Lack of heat, light, electricity, or hot or cold

running water... (2) Lack of adequate sewage disposal facilities; (3)

Infestation of rodents in two or more dwelling units; (4) The existence of

any structural defect which presents a serious and substantial threat to the

physical safety of the occupants; or (5) The existence of any condition

which presents a health or fire hazard to the dwelling unit."

1. Plaintiff has failed to repair and eliminate the following dangerous

conditions and defects at the premises:

[LIST SPECIFIC CONDITIONS: e.g., lack of heat, no hot water, mold, pest

infestation, structural defects, fire hazards, sewage problems, etc.]

1. Defendant is entitled to relief under the rent escrow provisions of

Md. Code, Real Property § 8-211, including the right to deposit rent into

court escrow until conditions are corrected.

SECOND DEFENSE: RETALIATORY ACTION

1. Under Md. Code, Real Property § 8-208.1, "For any reason listed in paragraph

(2) of this subsection, a landlord of any residential property may not:

(i) Bring or threaten to bring an action for possession against a tenant;

(ii) Arbitrarily increase the rent or decrease the services to which a

tenant has been entitled; or (iii) Terminate a periodic tenancy."

1. Md. Code, Real Property § 8-208.1(a)(2) prohibits retaliation because:

"(i) Because the tenant or the tenant's agent has provided written or actual

notice of a good faith complaint about an alleged violation of the lease,

violation of law, or condition on the leased premises that is a substantial

threat to the health or safety of occupants to: 1. The landlord; or 2. Any

public agency against the landlord; (ii) Because the tenant or the tenant's

agent has: 1. Filed a lawsuit against the landlord; or 2. Testified or

participated in a lawsuit involving the landlord; (iii) Because the tenant

has participated in any tenants' organization..."

1. Within [NUMBER] days prior to the commencement of this action, Defendant

[complained to a government agency about conditions / complained to landlord

about conditions / requested repairs / filed a lawsuit / participated in

tenant organization].

1. This action for possession is retaliatory and barred by

Md. Code, Real Property § 8-208.1.

THIRD DEFENSE: IMPROPER NOTICE

1. Under Md. Code, Real Property § 8-401, a landlord must comply with specific

notice procedures before filing an action for possession for failure to pay

rent.

1. [Describe any defects in notice: landlord failed to provide required 10-day

notice / notice was not properly served / notice did not contain required

information / notice was defective in form or content.]

FOURTH DEFENSE: LANDLORD FAILED TO MITIGATE / ACCEPTED RENT

1. [If applicable:] Plaintiff accepted rent payments after the alleged default,

which constitutes a waiver of the right to pursue possession based on that

default.

1. [If applicable:] Plaintiff has failed to mitigate damages by refusing

Defendant's attempts to pay rent due.

COUNTERCLAIMS

FIRST COUNTERCLAIM: BREACH OF IMPLIED WARRANTY OF HABITABILITY

1. Defendant repeats and realleges paragraphs 1 through 12 as if fully set

forth herein.

1. Plaintiff's breach of the implied warranty of habitability has caused

Defendant to suffer damages in the form of reduced value of the tenancy

and actual harm to Defendant's health, safety, and well-being.

1. Defendant is entitled to damages, rent abatement, and such other relief

as the Court deems appropriate.

SECOND COUNTERCLAIM: SECURITY DEPOSIT VIOLATIONS

1. Under Md. Code, Real Property § 8-203, "a landlord may not impose a security

deposit in excess of the equivalent of 1 month's rent per dwelling unit,"

and must maintain security deposits in federally insured financial

institutions and return them with interest.

1. Plaintiff holds a security deposit of $[AMOUNT] paid by Defendant.

1. [If applicable:] Plaintiff has failed to: [properly receipt the deposit /

deposit funds in proper account / pay required interest / return deposit

within required timeframe].

1. Under Md. Code, Real Property § 8-203, if a landlord violates the security

deposit limits, "the tenant may recover up to three times the extra amount

charged, plus reasonable attorney's fees."

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

a) Dismiss the Complaint for Possession in its entirety;

b) Grant a rent abatement for the period during which the warranty of

habitability was breached;

c) Order Plaintiff to return Defendant's security deposit with accrued interest;

d) Award Defendant damages for any counterclaims proven;

e) Award Defendant costs and reasonable attorney's fees; and

f) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [TENANT FULL NAME], declare under the penalties of perjury pursuant to

Md. Code Ann., Crim. Law § 9-101 that the foregoing is true and correct to

the best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[TENANT SIGNATURE]

[TENANT FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

FORMATTING REQUIREMENT (Md. Rule 1-301(c)):

Every document filed with a Maryland court must have 1.5-inch top AND left

margins on all pages. Right and bottom margins must be at least 1 inch.

NOTE: Maryland's 1.5-inch top AND left margin requirement is unique — verify

both margins before filing.

District Court of Maryland

Court: District Court of Maryland for [County] County

Address: [Varies by county - see Maryland District Court locations below]

Filing Fee: None for filing an Answer (tenant does not pay to file answer)

Deadline: Must be filed before or at the time of the trial date

Major District Court Locations:

• Baltimore City: 500 N. Calvert Street, Baltimore, MD 21202
• Baltimore County (Towson): 120 E. Susquehanna Avenue, Towson, MD 21204
• Prince George's County (Hyattsville): 4990 Rhode Island Avenue, Hyattsville, MD 20781
• Montgomery County (Rockville): 27 Courthouse Square, Rockville, MD 20850
• Anne Arundel County (Annapolis): 201 Church Street, Annapolis, MD 21401

Full list: https://mdcourts.gov/district/directories/courtmap

Service: After filing, serve a copy on the landlord or landlord's attorney

by first-class mail.

Legal Aid Resources:

• Maryland Legal Aid: 1-800-999-8904 or https://www.mdlab.org
• Public Justice Center (Baltimore): (410) 625-9409
• House of Ruth (domestic violence): 1-800-222-1222
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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