Resolving Landlord-Tenant Disputes in Court

October 2, 2025
Landlord Law

As a landlord, you hope you’ll never have to pursue legal action against a tenant. But there may come a time when you need to remove a tenant from your property, and in order to do that, you’ll have to obtain authorization from the court.

The District Court of Maryland, a statewide court with 34 locations throughout Maryland, hears all landlord-tenant cases where the tenant is still residing on the property. This includes failure to pay rent cases, tenant holding over, breach of leases, and wrongful detainer cases. In addition, any monetary disputes between a landlord and tenant after the tenant is no longer occupying the property can also be litigated in District Court, although not on the landlord-tenant docket. If the amount in dispute is less than $5,000, which is considered a small claims matter, the proceedings are informal, and a judge decides the outcome of the case. If rent, damages, or total expenses are between $5,000 and $30,000, the case is considered a large claim, and it is litigated according to formal rules of the court.

The landlord-tenant lawyers at Lusk Law, LLC understand the frustrations involved with problematic tenants. We work diligently to help our clients avoid these issues and protect them when problems do arise. Call (443) 535-9715 for a consultation with our team to learn how Lusk Law, LLC can help.

The Process for Removing Tenants

In order to evict or remove a tenant or non-tenant from a rental property, the landlord must file a formal complaint with the court, citing at least one of the following violations:

Tenant’s failure to pay rent
Tenant refuses to leave a property at the end of a lease
Breach of lease, such as misuse of rental property, possession of unauthorized pets, or tenant permitting other people to live on the premises who are not on the lease
Wrongful detainer, meaning a non-tenant refuses to leave the property.

If the court issues a judgment in favor of the landlord, then within 60 days a landlord may file a Petition for Warrant of Restitution. If the judgment is based on tenant’s failure to pay rent, the landlord must wait seven business days prior to filing the Warrant of Restitution. Once the court signs the Warrant of Restitution, it is sent to the Sheriff for service on the tenant and the landlord may proceed with eviction.

So long as a tenant does not have a record of more than three failure-to-pay-rent judgments in the prior 12 months, a tenant may be able to avoid eviction by paying any rent owed, along with court costs and late fees prior to or even on the day of the eviction.

The tenant will be notified by the Sheriff of the date of the eviction and, unless the tenant vacates prior to the eviction, the Sheriff must be present and the landlord must hire an eviction company to remove the tenant’s personal property from the rental.

Lusk Law, LLC has more than fifteen years of experience representing landlords and tenants in Frederick, MD. We are ready to fight for you.

Defense Against Tenant Complaints

Landlords sometimes wind up in court because a tenant has brought a complaint against them. These claims may arise when a tenant feels a landlord has failed to provide a safe and habitable rental unit. Maryland law defines “serious and dangerous defects” as the basis for both a tenant’s action against a landlord and a tenant’s right to withhold rent in escrow with the court. These conditions include:

A lack of heat, light, electricity, or water (unless those utilities were shut off due to a tenant’s non-payment of bills)
Lack of sewage disposal
Rodent infestation in two or more units
Unmitigated lead paint hazards
Structural defects that pose a threat to a tenant’s physical safety
Any condition considered a serious fire or health hazard.

A tenant who alleges a landlord has failed to correct these defects may file a rent escrow action with the court and, if granted, the tenant then pays his rent into an escrow account with the court. Unless authorized by the court, the landlord will not receive the escrowed rent payments until repairs are made. A tenant may also report a landlord to local health and housing authorities for failing to correct dangerous defects.

If you have been accused of any of the deficiencies above, you may have various defenses. One defense is that the tenant is not being truthful or exaggerating. Another defense involves the tenant’s overwhelming contribution to the problem they are complaining about.

For example, a tenant who complains of a rat infestation may not have a case if they keep the property extremely filthy or unsanitary. Also, structural damage that poses a threat to the safety of the tenant may have, in fact, been caused by the tenant. The outcome depends on the facts of your case and what your landlord-tenant attorney’s investigation uncovers.

Statute of Limitations Defense

Tenants do not have unlimited time to bring legal action against landlords. The statute of limitations requires that civil action against a landlord commence within three years of the date of the issue in question. In certain rare cases, however, the statute of limitations may be longer.

Avoiding Landlord-Tenant Disputes

Perhaps the best way to deal with landlord-tenant problems is to avoid them altogether. As a landlord, you have a great opportunity to protect yourself from bad tenants by receiving on-point legal guidance before renting.

An experienced landlord-tenant lawyer in Maryland can do much to insulate you from tenant issues, including:

Meticulous lease planning and preparation
Identification of potential areas of legal exposure
Providing for dispute resolution measures in the lease.

An experienced landlord-tenant attorney can also help you implement an effective, comprehensive screening method for tenants to avoid problematic renters. When you consult with an attorney at Lusk Law, LLC, you will receive insightful, relevant, and directly applicable guidance from someone who understands your situation.

Get the Help You Need and Deserve From Lusk Law, LLC

Advocates for Life’s Obstacles and Opportunities

Seeking guidance from a skilled landlord-tenant attorney in Maryland can provide valuable insights into the legal aspects of the situations landlords and tenants encounter. Do not hesitate to call us to safeguard your interests.

To speak with an experienced landlord-tenant attorney in Frederick, MD, contact Lusk Law, LLC. We look after our clients’ rights meticulously and are ready to discuss your case with you. Call (443) 535-9715 today.