Maryland Eviction Defense Answer — Your Filing Guide

What This Document Does

This is an Answer to a landlord's Complaint for Possession (the legal name for an eviction case in Maryland). Filing this document tells the court you disagree with the eviction and gives you a chance to present your defenses at your trial.

When to Use This

• You received a Summons and Complaint for Possession from your landlord
• Your landlord is trying to evict you for failure to pay rent
• Your landlord is trying to evict you for violating the lease
• Your landlord is trying to evict you as a "holdover" tenant (staying after lease ended)
• You have defenses like bad conditions in your apartment, retaliation, or improper notice

Before You File

Gather these items:

• [ ] Your lease or rental agreement (any written document you have)
• [ ] All rent payment records (receipts, bank statements, money order receipts)
• [ ] Any written notices from your landlord
• [ ] The Summons and Complaint for Possession you were served
• [ ] Photos or evidence of problems in your apartment
• [ ] Copies of any complaints you made to housing inspectors, code enforcement, or 311
• [ ] Any letters or emails you sent to your landlord about repairs
• [ ] Photo ID

Step-by-Step Filing

1. Complete the Answer form. Fill in every blank field. Check all defenses that apply to your situation.

1. Make 2 copies. Keep one for yourself. You will file the original and one copy with the court.

1. Go to the District Court in your county. Find your local court at: https://mdcourts.gov/district/directories/courtmap

1. Find the Clerk's Office. Tell them you need to file an Answer to a Complaint for Possession.

1. Filing is FREE for tenants. You do not have to pay a fee to file your Answer.

1. The clerk will stamp your copy. Keep this stamped copy — it proves you filed on time.

1. Mail a copy to your landlord or their lawyer. Do this right away.

At Your Trial

Bring:

• Your stamped copy of the filed Answer
• Your lease or rental agreement
• All rent receipts and payment records
• Photos of any problems in your apartment
• Copies of complaints you made to housing inspectors or code enforcement
• Any letters or emails about repairs
• Any witnesses who can testify about conditions

Say:

• "Your Honor, I am [YOUR NAME], the tenant. I filed an Answer on [DATE]."
• "I have defenses to this Complaint for Possession."
• Present your documents when asked.
• If you have counterclaims, tell the judge: "I have a counterclaim for [describe]."

Common Defenses in Maryland

1. Breach of Warranty of Habitability (Rent Escrow) — Your apartment has serious and dangerous problems (no heat, no hot water, sewage problems, rodent infestation, structural defects, fire hazards) that the landlord has not fixed. Under Maryland law, you may have the right to deposit your rent into court escrow until the landlord makes repairs.

1. Retaliation — Under Maryland law, your landlord cannot evict you because you complained about conditions, filed a lawsuit, participated in a tenant organization, or called for emergency services.

1. Improper Notice — The landlord did not give you proper notice before starting the eviction case. For failure to pay rent, Maryland law requires specific notice procedures.

1. Landlord Accepted Rent — If your landlord accepted rent payments after the alleged default, they may have waived the right to evict based on that default.

1. Security Deposit Violations — Maryland limits security deposits to one month's rent and requires landlords to return deposits with interest.

Important Deadlines

• Your trial date is on the Summons you received
• You must appear in court on that date — if you don't show up, the landlord gets an automatic judgment against you
• File your Answer before or at the time of your trial

Rent Escrow (If Conditions Are Bad)

If your landlord has failed to fix serious and dangerous conditions, you may have the right to deposit your rent into court escrow instead of paying the landlord:

1. The problems must be serious (lack of heat, hot water, electricity, sewage problems, rodent infestation, structural defects, fire hazards)
2. You must give the landlord reasonable notice and a chance to fix the problem
3. You file a petition with the District Court to deposit rent into escrow
4. The court holds the money until the landlord makes repairs

Legal Aid Resources

If you need free legal help:

• Maryland Legal Aid: 1-800-999-8904 — Free legal services for low-income tenants statewide
• Public Justice Center (Baltimore): (410) 625-9409 — Housing advocacy
• House of Ruth (Domestic Violence): 1-800-222-1222
• Maryland Volunteer Lawyers Service: (410) 547-7667
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.