Tenant's Answer and Affirmative Defenses to Landlord's Action for Repossession — Maryland

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM TO LANDLORD'S COMPLAINT FOR REPOSSESSION — MARYLAND

TABLE OF CONTENTS

1. Caption
2. General Denial and Demand for Strict Proof
3. Specific Responses to Landlord's Allegations
4. First Affirmative Defense — Defective or Missing Notice
5. Second Affirmative Defense — Implied Warranty of Habitability / Rent Escrow (§ 8-211)
6. Third Affirmative Defense — Retaliation (§ 8-208.1)
7. Fourth Affirmative Defense — Discrimination / Source of Income / HOME Act
8. Fifth Affirmative Defense — Lead Paint Registration Failure (Envir. § 6-815)
9. Sixth Affirmative Defense — Improper Rent Charges, Late Fees, and Trustee Disclosure
10. Seventh Affirmative Defense — Self-Help Violation (§ 8-216)
11. Eighth Affirmative Defense — Waiver, Accord, and Estoppel
12. Ninth Affirmative Defense — VAWA, SCRA, and FHA Reasonable Accommodation
13. Tenth Affirmative Defense — Local Just Cause / Right to Counsel Notice
14. Counterclaims
15. Reservation of Pay-and-Stay Redemption (§ 8-401(g))
16. Prayer for Relief
17. Verification
18. Signature and Service Block
19. Exhibits
20. Maryland Practice Notes
21. Sources and References

1. CAPTION

DISTRICT COURT OF MARYLAND FOR [COUNTY] COUNTY

Located at: [COURT ADDRESS]

Case No.: [________________________________]

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Tenant [NAME], by and through counsel (if represented) or self-represented, hereby answers the Landlord's Complaint for Repossession of Rented Property and asserts the following affirmative defenses and counterclaims.

2. GENERAL DENIAL AND DEMAND FOR STRICT PROOF

Except as expressly admitted herein, Tenant denies each and every allegation in the Complaint and demands strict proof at trial. Tenant places Plaintiff to its proof of:

(a) the existence and material terms of the alleged Lease;
(b) the amount of rent allegedly due, including any partial payments;
(c) compliance with all statutorily required pre-suit notices;
(d) compliance with lead-paint registration / inspection (Md. Envir. § 6-815);
(e) compliance with rental licensing / registration in the locality;
(f) trustee / owner-of-record disclosure (§ 8-208);
(g) habitability of the Premises (§ 8-211 affirmative defense);
(h) absence of retaliation (§ 8-208.1) and discrimination (§ 20-705 / § 20-705.1).

3. SPECIFIC RESPONSES TO LANDLORD'S ALLEGATIONS

3.1 As to allegation [_____]: ☐ admitted ☐ denied ☐ Tenant is without sufficient information to admit or deny and therefore denies.

3.2 As to allegation [_____]: ☐ admitted ☐ denied ☐ without information.

3.3 As to allegation [_____]: ☐ admitted ☐ denied ☐ without information.

(Add as needed for each numbered paragraph of the Complaint.)

4. FIRST AFFIRMATIVE DEFENSE — DEFECTIVE OR MISSING NOTICE

4.1 FTPR (Count I). § 8-401(c)(1)(i) requires written notice of intent to file, stating the amount of rent due, with at least ten (10) days for the tenant to pay. Plaintiff's notice (or absence thereof) is defective in that:

☐ No written 10-day notice was served;
☐ Notice did not state the correct amount of rent due;
☐ Notice was served fewer than ten (10) days before filing;
☐ Notice was not properly served (by first-class mail with Certificate of Mailing OR conspicuous posting OR tenant-elected electronic means);
☐ Notice included improper charges (late fees over 5% cap, attorneys' fees, non-rent items) as "rent";
☐ Other: [________________________________].

4.2 Breach of Lease (Count II). § 8-402.1 requires either a 30-day notice (standard) or a 14-day notice (clear and imminent danger) that identifies the breached lease provisions and demands cure / vacatur. Plaintiff's notice is defective in that:

☐ No notice was served;
☐ Notice did not quote or identify the lease provision allegedly breached;
☐ Notice did not give the proper period (14/30 days);
☐ Tenant cured timely;
☐ Lease contains no provision authorizing repossession on breach;
☐ Other: [________________________________].

4.3 Tenant Holding Over (Count III). § 8-402(b) requires written notice of the periodic notice period. Plaintiff's notice is defective in that:

☐ Wrong notice period (e.g., 30 days where 60 was required);
☐ Termination date does not end on a "lease day";
☐ Service was deficient;
☐ Local just-cause ordinance bars no-cause termination;
☐ Other: [________________________________].

5. SECOND AFFIRMATIVE DEFENSE — IMPLIED WARRANTY OF HABITABILITY / RENT ESCROW (§ 8-211)

5.1 The Leased Premises has dangerous conditions and defects threatening Tenant's life, health, or safety, including but not limited to:

☐ Lack of heat / hot water / running water / electricity;
☐ Rodent or insect infestation;
☐ Mold and mildew (specify location/extent): [________________________________];
☐ Broken or missing windows / doors / locks;
☐ Roof leaks / water intrusion;
☐ Sewer / plumbing failures;
☐ Inoperative smoke detectors / CO detectors;
☐ Structural defects / unsafe stairs / unsafe railings;
☐ Lead paint / lead dust hazard;
☐ Other: [________________________________].

5.2 Tenant gave Landlord written notice of the conditions on [__/__/____] (Exhibit [____]). Landlord has failed to repair within a reasonable time and the conditions persist.

5.3 Tenant has reported the conditions to [☐ local housing code enforcement / agency] under complaint number [_____] on [__/__/____].

5.4 Pursuant to § 8-211(k), Tenant invokes habitability/rent escrow as an affirmative defense to this action and requests the Court to:

(a) Find that the conditions constitute a substantial threat to Tenant's life, health, or safety;
(b) Abate or reduce rent to reflect actual diminished value;
(c) Order Landlord to repair within a specified time;
(d) Place all or part of the disputed rent in court escrow pending repair; and
(e) Deny Plaintiff's claim for restitution while conditions persist.

5.5 Tenant has filed (or contemporaneously herewith files) a Complaint for Rent Escrow on Form DC-CV-083 (Exhibit [____]).

6. THIRD AFFIRMATIVE DEFENSE — RETALIATION (§ 8-208.1)

6.1 Within the six (6) months preceding the filing of this action, Tenant engaged in protected activity, specifically:

☐ Filed a written complaint regarding habitability conditions on [__/__/____];
☐ Filed a complaint with [LOCAL CODE / DEPT.] on [__/__/____];
☐ Joined / formed a tenant organization on [__/__/____];
☐ Asserted statutory rights under § 8-211 / § 8-203 / § 8-208;
☐ Witnessed or participated in administrative or judicial proceedings against Landlord;
☐ Other protected activity: [________________________________].

6.2 Plaintiff's action is presumptively retaliatory under § 8-208.1(b)(2) (six-month presumption window).

6.3 Tenant requests judgment under § 8-208.1(c) for damages up to three (3) months' rent, reasonable attorneys' fees, and court costs.

7. FOURTH AFFIRMATIVE DEFENSE — DISCRIMINATION / SOURCE OF INCOME / HOME ACT

7.1 Plaintiff's action is motivated, in whole or in part, by Tenant's protected characteristic(s) under federal or Maryland Fair Housing law:

☐ Race / Color (42 U.S.C. § 3604; § 20-705)
☐ National Origin
☐ Religion
☐ Sex / Gender / Pregnancy
☐ Familial Status (presence of children)
☐ Disability — Plaintiff has refused reasonable accommodation/modification
☐ Sexual Orientation / Gender Identity (§ 20-705)
☐ Marital Status (§ 20-705)
☐ Source of Income / Section 8 Voucher / Subsidy (Md. State Gov't § 20-705.1 — HOME Act, eff. Oct. 1, 2020)
☐ Other: [________________________________].

7.2 Tenant has filed (or will file) a complaint with the Maryland Commission on Civil Rights, [LOCAL HUMAN RELATIONS COMMISSION], and/or HUD (FHEO).

7.3 Tenant requests dismissal of the Complaint and reserves all damages claims under federal and Maryland Fair Housing law.

8. FIFTH AFFIRMATIVE DEFENSE — LEAD PAINT REGISTRATION FAILURE (ENVIR. § 6-815)

8.1 The Leased Premises is residential rental property constructed before 1978 within the meaning of Md. Envir. § 6-815.

8.2 Plaintiff has failed to:

☐ Register the property with the Maryland Department of the Environment;
☐ Maintain a current Lead-Free / Limited Lead-Free / Full Risk Reduction certification;
☐ Provide the tenant with the required lead-paint informational packet and notices.

8.3 Failure to comply with § 6-815 bars an FTPR action and provides additional damages and remedies. See Brooks v. Lewin Realty III, Inc., 378 Md. 70 (2003).

9. SIXTH AFFIRMATIVE DEFENSE — IMPROPER RENT CHARGES, LATE FEES, AND TRUSTEE DISCLOSURE

9.1 The amounts demanded by Plaintiff include charges that are not "rent" within the meaning of § 8-401, including:

☐ Late fees in excess of the 5% statutory cap (§ 8-208(d)(3));
☐ Attorneys' fees;
☐ Court costs / filing fees;
☐ Utility charges not classified as additional rent in the lease;
☐ Improper "convenience" or processing fees;
☐ Other: [________________________________].

9.2 Plaintiff has failed to disclose to Tenant the owner of record / authorized notice recipient as required by § 8-208 (trustee disclosure). Plaintiff's identity as agent / trustee was concealed or misstated, prejudicing Tenant's ability to assert rights.

10. SEVENTH AFFIRMATIVE DEFENSE — SELF-HELP VIOLATION (§ 8-216)

10.1 Plaintiff (or Plaintiff's agent) has engaged in nonjudicial / self-help eviction conduct, including:

☐ Lockout / changing locks;
☐ Removal of doors / windows;
☐ Shutoff or interruption of essential services (heat, water, electricity, gas);
☐ Threats of self-help;
☐ Removal of Tenant's personal property;
☐ Other: [________________________________].

10.2 § 8-216 prohibits such conduct. Tenant seeks actual damages, attorneys' fees, costs, and equitable relief.

11. EIGHTH AFFIRMATIVE DEFENSE — WAIVER, ACCORD, AND ESTOPPEL

11.1 Plaintiff accepted rent or other consideration with knowledge of the alleged breach or default and thereby waived the breach.

11.2 The parties reached an accord and satisfaction on [__/__/____] under which Tenant tendered $[____] and Plaintiff agreed to forbear from this action.

11.3 Plaintiff is estopped by its representations and conduct from pursuing this action.

12. NINTH AFFIRMATIVE DEFENSE — VAWA, SCRA, AND FHA REASONABLE ACCOMMODATION

12.1 VAWA (34 U.S.C. § 12491). Tenant is a survivor of domestic violence, dating violence, sexual assault, or stalking. Plaintiff's action is based, in whole or in part, on conduct of an abuser, in violation of VAWA. Tenant has provided / will provide a HUD-5382 self-certification (or other VAWA documentation) to Plaintiff.

12.2 SCRA (50 U.S.C. § 3951). Tenant or Tenant's spouse is on active duty in the Armed Forces of the United States. The monthly rent does not exceed the SCRA threshold (currently $10,082.91 monthly under SCRA; verify current figure at filing) and the protections of 50 U.S.C. § 3951 apply, requiring a court order before eviction.

12.3 FHA Reasonable Accommodation (42 U.S.C. § 3604(f)(3)(B); Md. § 20-705). Tenant has requested or will request a reasonable accommodation for a disability, including: [________________________________]. Plaintiff's failure to accommodate or refusal to engage in the interactive process violates federal and state law and is a defense to eviction.

13. TENTH AFFIRMATIVE DEFENSE — LOCAL JUST CAUSE / RIGHT TO COUNSEL NOTICE

13.1 The Leased Premises is located in:

☐ Baltimore City — Baltimore City Code Art. 13, Subtitle 6A (Right to Counsel). Tenant invokes the right to free legal representation through the Access to Counsel in Eviction program. Tenant requests continuance to obtain counsel.
☐ Prince George's County — PG Co. Code Subtitle 13 (Just Cause / Rent Stabilization) requires landlord to plead and prove just cause for non-renewal. Plaintiff has failed to do so.
☐ Montgomery County — Mont. Co. Code Ch. 29 (including Sec. 29-31 notice rules and Bill 7-24 protections). Plaintiff has failed to comply.
☐ Other locality: [________________________________].

13.2 Tenant requests dismissal or stay until local-law compliance is established.

14. COUNTERCLAIMS

Tenant asserts the following counterclaims and incorporates by reference the factual allegations above.

Count A — Rent Escrow / Habitability Damages (§ 8-211). Tenant seeks rent abatement, repair orders, and consequential damages.

Count B — Retaliation (§ 8-208.1). Tenant seeks up to 3 months' rent in damages, attorneys' fees, and costs.

Count C — Self-Help Eviction (§ 8-216). Tenant seeks actual damages, attorneys' fees, and costs.

Count D — Security Deposit Violations (§ 8-203). Tenant seeks treble damages and attorneys' fees for [☐ excessive deposit charged ☐ improper withholding without reasonable basis ☐ failure to pay required interest].

Count E — Md. Consumer Protection Act (Md. Comm. Law § 13-301 et seq.). Plaintiff's deceptive or unconscionable practices in connection with the rental relationship entitle Tenant to actual damages, treble damages where authorized, and attorneys' fees.

Count F — Md. Fair Housing Act / federal FHA / HOME Act. Tenant seeks compensatory and punitive damages, injunctive relief, and attorneys' fees.

Count G — Lead Paint Risk Reduction Act violations (Envir. § 6-815, § 6-828).

15. RESERVATION OF PAY-AND-STAY REDEMPTION (§ 8-401(g))

Without waiving any defense or counterclaim above, Tenant expressly reserves the right of redemption under § 8-401(g). Tenant may, at any time before actual execution of the eviction order, tender to Plaintiff or Plaintiff's agent — in cash, certified check, or money order — all past-due amounts as determined by the Court plus all court-awarded costs and fees, and thereby remain in possession.

Tenant reserves this right unless three (3) judgments of possession have been entered against Tenant in the preceding twelve (12) months.

16. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice;

B. Enter judgment for Tenant on all counterclaims;

C. Order rent abatement / escrow / repair under § 8-211;

D. Award damages, treble damages where authorized, attorneys' fees, and costs;

E. In the alternative, fix the amount required for redemption and grant Tenant the full statutory pay-and-stay period;

F. Stay any Warrant of Restitution pending appeal under Md. Rule 7-104 and Rule 8-422;

G. Grant such other and further relief as justice requires.

17. VERIFICATION

I, [TENANT NAME], am the Tenant named in this action, have personal knowledge of the facts stated in this Answer, Affirmative Defenses, and Counterclaim, and verify under penalty of perjury that the facts are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________________

Print Name: [________________________________]

Date: [__/__/____]

18. SIGNATURE AND SERVICE BLOCK

Respectfully submitted,

_________________________________________
[ATTORNEY NAME] (or "Self-Represented Tenant")
Md. Attorney No.: [________________________________] (if applicable)
[FIRM NAME / TENANT MAILING ADDRESS]
Telephone: [________________________________]
Email: [________________________________]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a copy of this Answer was served on counsel for Plaintiff (or Plaintiff if self-represented) by [☐ first-class mail ☐ MDEC e-service ☐ hand delivery ☐ email by agreement] at:

[________________________________]

_________________________________________
[NAME]

19. EXHIBITS

Exhibit 1 — Lease Agreement
Exhibit 2 — Rent Ledger / Tenant payment records
Exhibit 3 — Landlord's § 8-401 / § 8-402 / § 8-402.1 notice (annotated for defects)
Exhibit 4 — Photographs / videos of habitability defects
Exhibit 5 — Written repair requests (texts, emails, certified letters)
Exhibit 6 — Housing code complaint(s) and inspection reports
Exhibit 7 — DC-CV-083 Rent Escrow Petition (if filed)
Exhibit 8 — Tenant correspondence demonstrating retaliation timeline
Exhibit 9 — Section 8 voucher / source-of-income documentation
Exhibit 10 — VAWA self-certification (HUD-5382) (if applicable)
Exhibit 11 — SCRA active duty orders (if applicable)
Exhibit 12 — Reasonable accommodation request and Landlord response
Exhibit 13 — Lead paint registration search / MDE records
Exhibit 14 — Local rental license search

20. MARYLAND PRACTICE NOTES

20.1 No formal answer required for FTPR — but file one anyway. Although Md. Rule 3-711 does not require a written answer, filing one organizes the defenses, preserves the record on appeal, and signals seriousness. For Breach of Lease and Holding Over actions, a written answer is more clearly advisable.

20.2 Rent escrow is the most powerful habitability tool. Filing DC-CV-083 (Rent Escrow) — even on the morning of the FTPR trial — places disputed rent in court custody and dramatically changes the equity of the case. Bring the filing fee and rent in certified funds.

20.3 Document everything. Photos with timestamps, texts/emails, certified-letter receipts, and 311/code complaint numbers are persuasive. Witnesses with personal knowledge are critical.

20.4 Pay-and-stay (§ 8-401(g)) is forfeited only after three judgments in 12 months. Tenant may redeem up until the Sheriff actually executes the eviction. Track court-determined amount carefully.

20.5 Appeal in 4 days. If judgment for Plaintiff in FTPR, file notice of appeal within four (4) days (§ 8-401(f); Md. Rule 7-104). Holding Over and Breach actions: 10 days. Supersedeas bond under Rule 8-422 may be required to stay execution.

20.6 Source of Income / HOME Act. Section 8 voucher tenants are protected. Refusal to renew, refusal to accept voucher, or imposition of additional minimum-income screens that disregard the voucher subsidy violates § 20-705.1. See Maryland Commission on Civil Rights, Source of Income Guidance (Aug. 2025).

20.7 Right to Counsel (Baltimore). Income-eligible tenants in Baltimore City facing eviction or subsidy termination have a right to free counsel under Code Art. 13, Subtitle 6A. Apply via Maryland Legal Services Corporation Access to Counsel in Evictions Intake Line.

20.8 VAWA documentation. Tenant may use HUD Form 5382 self-certification or third-party documentation; landlord may not require police reports.

20.9 Lead-paint search. MDE maintains an online registry. Pull the search result and attach it; absence of a current registration is a complete defense to FTPR.

20.10 Trustee / agent disclosure. A landlord acting as trustee or agent without proper § 8-208 disclosure is vulnerable to dismissal. Demand identity of owner of record at trial.

20.11 Counterclaims may exceed District Court limit? District Court has jurisdiction up to $30,000 (Md. Cts. & Jud. Proc. § 4-401). For larger counterclaims (FHA punitive damages, CPA treble damages), consider transfer to Circuit Court.

20.12 Settlement / mediation. Many counties offer eviction-prevention mediation. Tenant should ask the court clerk or counsel about Eviction Prevention Programs (Baltimore City) or county-level rental assistance.

21. SOURCES AND REFERENCES

• Md. Code Ann., Real Prop. § 8-401 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-401
• Md. Code Ann., Real Prop. § 8-402 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402
• Md. Code Ann., Real Prop. § 8-402.1 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402.1
• Md. Code Ann., Real Prop. § 8-203 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-203
• Md. Code Ann., Real Prop. § 8-208 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208
• Md. Code Ann., Real Prop. § 8-208.1 — https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-8-208-1/
• Md. Code Ann., Real Prop. § 8-211 — https://mgaleg.maryland.gov/2023RS/Statute_Web/grp/8-211.pdf
• Md. Code Ann., Real Prop. § 8-216 — https://law.justia.com/codes/maryland/real-property/title-8/subtitle-2/section-8-216/
• Md. Code Ann., Envir. § 6-815, § 6-828 (Reduction of Lead Risk in Housing Act)
• Md. Code Ann., State Gov't § 20-705, § 20-705.1 — https://law.justia.com/codes/maryland/state-government/title-20/subtitle-7/section-20-705/
• Md. Commission on Civil Rights — Source of Income Guidance (Aug. 2025) — https://mccr.maryland.gov/Documents/Source%20of%20Income%20Guidance%20(Aug%202025).pdf
• District Court of Maryland — Forms catalog — https://www.courts.state.md.us/district/forms
• DC-CV-082 (FTPR)
• DC-CV-080 (Tenant Holding Over)
• DC-CV-085 (Breach of Lease)
• DC-CV-083 (Rent Escrow)
• DC-CV-081 (Warrant of Restitution)
• Md. Rule 3-711, Md. Rule 7-104, Md. Rule 8-422
• Maryland People's Law Library:
• Failure to Pay Rent — https://www.peoples-law.org/failure-pay-rent
• Rent Escrow — https://www.peoples-law.org/rent-escrow-when-landlord-fails-make-repairs
• Retaliatory Evictions — https://www.peoples-law.org/retaliatory-evictions
• Self-Help / Illegal Lockout — https://www.peoples-law.org/essential-servicesillegal-lock-out
• Security Deposits — https://www.peoples-law.org/security-deposits
• Warranty of Habitability — https://www.peoples-law.org/warranty-habitability-rental-housing
• Brooks v. Lewin Realty III, Inc., 378 Md. 70 (2003)
• Brown v. Southall Realty Co., 237 A.2d 834 (D.C. 1968)
• 42 U.S.C. § 3601 et seq. (Fair Housing Act); 34 U.S.C. § 12491 (VAWA); 50 U.S.C. § 3951 (SCRA)
• 24 C.F.R. § 247; 24 C.F.R. § 982; 24 C.F.R. § 983 (federal subsidized housing)
• Baltimore City Code Art. 13, Subtitle 6A — Right to Counsel — https://legislativereference.baltimorecity.gov
• Civil Right to Counsel — Baltimore tenant RTC — https://civilrighttocounsel.org/major_developments/baltimore-becomes-7th-city-with-tenant-right-to-counsel/
• Mont. Co. Code Ch. 29 — https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756
• Prince George's Co. Code Subtitle 13 (Just Cause / Rent Stabilization)
• Md. Legal Aid — https://www.mdlab.org
• Md. Court Help Center — https://mdcourts.gov/legalhelp
• Civil Justice, Inc. — https://civiljusticeinc.org
• Maryland Legal Services Corporation Access to Counsel in Evictions — https://mlsc.org/atce

END OF TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM — MARYLAND