2022 Maryland Statutes
Real Property
Title 8 - Landlord and Tenant
Subtitle 5A - Rental Housing -- Victims of Domestic Violence and Sexual Assault
Section 8-5A-05 - Action for Possession of Property

Universal Citation:
MD. Real Property Code § 8-5A-05 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (a)    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)    (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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