2017 Maryland Code
Real Property
Title 8 - Landlord and Tenant
Subtitle 5A - Rental Housing -- Victims of Domestic Violence and Sexual Assault
§ 8-5A-05. Action for possession of property

  • (a) Applicability. -- This section applies to an action for possession of property under § 8-402.1 of this title against a tenant or legal occupant who is a victim of domestic violence or a victim of sexual assault in which the basis for the alleged breach is an act or acts of domestic violence or sexual assault.
  • (b) Rebuttable presumption. --
    • (1) A tenant is deemed to have raised a rebuttable presumption that the alleged breach of the lease does not warrant an eviction if the tenant provides to the court:
      • (i) A copy of a protective order issued for the benefit of the tenant or legal occupant under § 4-506 of the Family Law Article; or
      • (ii) A copy of a peace order issued for the benefit of the tenant or legal occupant for which the underlying act was sexual assault under § 3-1505 of the Courts Article.
    • (2) If domestic violence or sexual assault is raised as a defense in an action for possession of property under § 8-402.1 of this title, the court, in its discretion, may enter a judgment in favor of a tenant who does not provide the evidence described in paragraph (1) of this subsection.
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