Maryland Court of Appeals ruling regarding evictions by unlicensed landlords

Real Estate Sales Representative with RE/MAX Realty Group

I just thought this was vital information that needs to be shared.  In a May 04, 2011 Court of Appeals ruling in the matter of McDaniel v. Barabowski, the court ruled

"We shall hold that a rental property owner who does not possess a current license to operate the premises, is not entitled to utilize the summary ejectment procedures outlined in Section 8-401 of the Real Property Article upon a tenant's failure to pay rent, if the dwelling is located in a jurisdiction that requires owners to obtain such licenses. We shall further hold that the District Court judge did not err in determining that the tenant did not demonstrate actual loss or injury due to the rental property owner's failure to obtain a license for the premises, and was, thus, not entitled to damages pursuant to the Consumer Protection Act."

 Landlords must ensure they are licensed in many jurisdictions with Maryland and could face fines in addition to losing thier rights to evict.

Comments (1)

Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Good information for Maryland landlords. 

May 25, 2011 04:52 AM