Cal. Civ. Code § 8-5A-04
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) This section applies to an action for possession of property under § 8–402.1 of this title against a tenant or legal occupant who is a victim of abuse. (b) (1) A tenant is deemed to have raised a rebuttable presumption that the alleged breach of the lease does not warrant an eviction if the tenant provides to the court: (i) A copy of a protective order issued for the benefit of the tenant or legal occupant under § 4–506 of the Family Law Article; (ii) A copy of a peace order issued for the benefit of the tenant or legal occupant under § 3–1505 of the Courts Article for which the underlying act was an act of abuse; or (iii) A report by a qualified third party, provided that: 1. The name and physical description of the alleged perpetrator are redacted; and 2. The alleged breach of the lease occurred within 60 days of the date the report was signed by the qualified third party. (2) If an act of abuse is raised as a defense in an action for possession of property under § 8–402.1 of this title, the court, in its discretion, may enter a judgment in favor of a tenant who does not provide the evidence described in paragraph (1) of this subsection.
Maryland Real Property § 8-5A-04 establishes a legal protection for tenants or legal occupants who are victims of abuse and face eviction proceedings under § 8–402.1. When such a tenant presents qualifying documentation—such as a protective order, a peace order tied to an act of abuse, or a redacted qualified third-party report filed within 60 days of the alleged lease breach—a rebuttable presumption arises that the breach does not justify eviction. Even without that specific documentation, a court retains discretion under this section to rule in the tenant's favor if abuse is raised as a defense.
Plain English — not legal advice.
Under Md. Real Prop. § 8-5A-04, when a landlord pursues a possession action under § 8–402.1 against a tenant who is a victim of abuse, that tenant may invoke a rebuttable presumption that the lease breach does not warrant eviction by presenting qualifying documentation. Compliant operators generally understand that this presumption can be overcome, but doing so requires presenting evidence to the court that counters the tenant's showing. Property managers handling eviction proceedings in Maryland typically consult legal counsel familiar with this provision before proceeding when abuse-related defenses are anticipated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-5A-04 of the Maryland Real Property Code gives tenants who are victims of abuse a meaningful defense in eviction proceedings brought under § 8–402.1. A tenant may raise a rebuttable presumption against eviction by submitting a protective order, a qualifying peace order, or a redacted third-party report signed within 60 days of the alleged lease breach. Tenants who cannot provide those specific documents may still raise abuse as a defense, as the court has discretion to rule in their favor; tenant-rights organizations and legal aid offices can help individuals understand how this provision may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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