Having an unruly tenant that doesn’t comply with rental rules or fails to pay rent can be frustrating. Not only do you lose money in damages or unpaid rent, but it also creates tension between you and the renter. Considering how long legal evictions take, some landlords prefer to force tenants out themselves by simply changing the locks, shutting off utilities, or throwing their belongings out into the streets. However, as straightforward as that approach may seem, it’s also a fast way to get yourself in trouble with the law. Read this article as we discuss why self-help eviction is illegal in Maryland and highlight how property managers can help you comply.
Why is Self-Help Eviction Illegal in Maryland?
Prevents the Legal Process of Eviction
Avoid bypassing Maryland’s required court procedure by first filing for eviction. The primary reason a self-help eviction is illegal is that it circumvents the state’s established legal process, which allows both parties to make their case. If you’d like to reclaim your property from a tenant who continuously defaults on rent, then you have to file a formal complaint with the court. The tenant would then receive a summons where they defend their reasons for not paying rent, and the judge can make a decision on the validity of the claim.
For instance, the tenant may claim they are withholding rent because you haven’t made major structural repairs, and evidence of unanswered written complaints can negatively affect your case. Thus, the law ensures that no one is unjustly displaced from their homes. That’s why documentation can help landlords protect themselves from false accusations of wrongful eviction.
Risk of Legal Penalties
Besides preventing sudden displacement, violation of self-help eviction laws also comes with steep penalties. For example, if you decide to remove a renter’s belongings from their apartment, you cannot guarantee the safety of their property and could be liable for damages or theft. Apart from putting their belongings at risk, tenants can also sue you for turning off essential utilities like electricity or water without a quit notice.
When you consider that these penalty fees include more than the actual damage, and renters can tack on their attorney fees or medical bills, self-help evictions look significantly less attractive. While evicting a tenant yourself may seem like a wiser and more cost-effective strategy, you could be on the hook for significant penalties if the tenant sues.
Potential for Violence in the Premises
Another reason most states prohibit self-help evictions is that it substantially increases the risk of violence on the premises. For instance, imagine trying to remove a tenant for significant property damage. You already know they have a proven track record for violence. Thus, removing them from the property forcefully could quickly escalate into a dangerous situation with the risk of bodily injury and more damage to your property.
On the other hand, a court-mandated eviction note gives you extra security. For one, it gives the renter notice to pack up and move out before things get ugly. It also allows you to call on authorized officials who are trained to escalate hostile situations to escort any troublesome tenant out of the building. That means following the laws reduces the chances of physical harm or further property damage.
Importance of Property Managers for Legal Compliance
Handle Process Professionally
Keep the eviction process professional by hiring an experienced property manager. Evicting a tenant can quickly get messy, but Bay Property Management Group Anne Arundel County can assist in issuing formal warnings with a clear timeline for tenants to comply. These experts can also help you follow due process by correctly serving notices, filing the necessary paperwork in court, and coordinating with law enforcement if necessary to legally remove a tenant. This structured procedure prevents disputes or landlord-tenant law violations that can put you in trouble.
Remain Compliant with Local Laws
Avoid penalties and lawsuits when you adhere to Maryland eviction laws. However, staying up to date on the latest landlord-tenant laws can be a burden, especially when it comes to eviction procedures that are less frequently used. As a result, depending on the expertise of local property managers, you can save a bunch of time and money by preventing legal mistakes.
Conclusion
Self-help eviction is illegal in Maryland because it undermines the court’s eviction process, which protects tenants from sudden or unjust displacement. Besides violating tenants’ rights, it also leaves landlords liable for damages and increases the risk of a violent confrontation. On the other hand, a legal eviction ensures that you can reclaim your property from an unwanted tenant in a fair, safe, and structured procedure.
That’s why savvy landlords outsource tricky situations such as an eviction to their property manager. These professionals are experts in local law and can help you remain compliant with eviction proceedings and handle sensitive steps such as serving notice or correctly filing paperwork.
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