Pursuant to MD Code, Real Property § 8-216, a residential tenant may be evicted only in accordance with a warrant of restitution issued by a court and executed by a sheriff or constable or if the tenant has abandoned or surrendered possession.
Based on this law, wrongful eviction of a residential tenant occurs if:
If the landlord obtained an accurate and valid warrant of restitution, but the tenant was not aware of the court date or issuance of the warrant of restitution, then except in limited circumstances, the landlord is not likely to be held liable for wrongful eviction.
If a landlord has obtained a final court order awarding possession of the residential property, it is not wrongful if the landlord stops paying for utility services so long as reasonable notice of the intention has been provided and the tenant has been afforded the right to open a utility account.
If a court finds that wrongful eviction occurred, the tenant may be entitled to recovery for some or all of the following damages:
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