Tenant’s Rights: COVID-19 Fact Sheet

COVID-19 Frequently Asked Questions and resources for renters.

If you or someone you know is currently dealing with a landlord who is imposing self-help eviction or is not adhering to the executive order, call St. Ambrose Housing Aid Center for free legal advice and landlord-tenant counseling: (410)-366-8550 ext. 209.

  1. What is the eviction moratorium?
    1. In response to the COVID-19 pandemic, Governor Larry Hogan has issued an emergency order (Executive Order 20-04-03-01), that prohibits Maryland courts from evicting tenants who can demonstrate they are suffering a financial loss due to COVID-19.
  2. What does this mean for tenants who are delinquent on their rent payments?
    1. A landlord can file for an eviction in court, however, because the Maryland court system is closed, the court system cannot process any open or recently filed eviction orders or cases. 
    2. Unfortunately, the eviction moratorium is a temporary fix and does not excuse tenants from paying rent. However, tenants who demonstrate their financial hardship can pay their rent at a later time.
  3. Examples of situations that demonstrate a tenant is suffering a financial loss due to COVID-19 (but not limited to):
    1. Diagnosed with or under investigation for COVID-19
    2. Lost or reduced unemployment benefits
    3. Needing to care for a school-aged child
  4. When will Maryland courts hear eviction cases?
    1. Even though the Governor’s office has not confirmed the end date for the eviction moratorium, the Maryland Courts will start to hear eviction, foreclosure, and “pay rent matters” on July 25th, 2020. Meaning, evictions can be issued once the courts open on July 25th, 2020. 
  5. What landlords cannot impose: self-help eviction
    1. Under the Maryland Code, Real Property, Section 8-216, landlords cannot use self-help methods to evict a tenant. Self-help eviction occurs when a landlord uses methods of intimidation to force the tenant to move out. These methods include: 
      • Cutting off utility services such as electricity, gas, water, sewage, phone, cable TV, and internet. 
      • Changing the locks so the tenant no longer has access to the property. 
      • Removing the tenant’s personal items from the property. 

Landlords CANNOT use methods of intimidation to evict a tenant. These methods include: Cutting off utility services such as electricity, gas, water, sewage, phone, cable TV, and internet, changing the locks, or removing the tenant’s personal items from the property. 

What renters can do:

  • If you were illegally evicted:
    • Call 911: 
    • File an emergency case:
      • “If you were illegally evicted, you may consider seeking legal assistance and filing a complaint in court against your landlord. Because the courts are only hearing emergency cases, the complaint should be filed as an emergency matter if you are trying to get back into the property.” Even though the court system is closed, the court has made an exception to hear emergency cases. 
      • During your time as an evicted tenant, you should keep track of all of the expenses you have accrued as a result of your illegal eviction. These expenses could include but are not limited to “hotel bills and lost property.”
    • Document communication with the landlord:
      • If you are experiencing COVID-19 related hardships that will affect your rent payments, you may consider writing a letter to your landlord. The letter would be part of a paper trail illustrating your situation and how your COVID-19 circumstance will affect your ability to pay rent. 
      • You may also consider keeping track of all of the communication between you and your landlord in regards to your COVID-19 circumstance. 
      • If the landlord agrees or disagrees to accommodate your financial situation, you should get that in writing.  
    • Call 211 for financial assistance:
      • If you are experiencing COVID-19 financial hardships, please call 211, text your zip code to 898-211 (service is only available to Maryland zip codes) or visit 211md.org for assistance. This service is available 24 hours a day, 7 days a week and in over 180 languages. 

Conclusion

Under Executive Order 20-04-03-01, even if a tenant is unable to pay the rent, the landlord cannot evict their tenant.  Therefore, if a landlord uses self-help eviction methods in response to a tenant being unable to pay their rent due to their COVID-19 related financial loss, the landlord violated the executive order and imposed an illegal eviction.

Note: Once the courts open, it is unclear how the courts will respond to these unprecedented situations.

Want to share this post? Download the PDF here

If you or someone you know is currently dealing with a landlord who is imposing self-help eviction or is not adhering to the executive order, call St. Ambrose Housing Aid Center for free legal advice and landlord-tenant counseling: (410)-366-8550 ext. 209.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s