Cal. Civ. Code § 8-216
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) (1) In this section the following words have the meanings indicated. (2) “Threaten to take possession” means using words or actions intended to convince a reasonable person that the landlord intends to take imminent possession of the property in violation of this section. (3) (i) “Willful diminution of services” means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the landlord for the purpose of forcing a tenant to abandon the property. (ii) “Willful diminution of services” does not include a landlord choosing not to continue to pay for utility service for residential property after a final court order awarding possession of the residential property, if the landlord has provided the tenant reasonable notice of the landlord’s intention and the opportunity for the tenant to open an account in the tenant’s name for that service. (b) (1) Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant. (2) A landlord may take possession of a dwelling unit from a tenant or tenant holding over only: (i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or (ii) If the tenant has abandoned or surrendered possession of the dwelling unit. (c) (1) If in any proceeding the court finds in favor of the tenant because the landlord violated subsection (b) of this section, the tenant may recover: (i) Actual damages; and (ii) Reasonable attorney’s fees and costs. (2) The remedies set forth in this subsection are not exclusive. (d) This section may not be construed to prevent a landlord from taking temporary measures, including changing the locks, to secure an unsecured residential property, if the landlord makes good faith attempts to provide reasonable notice to the tenant that the tenant may promptly be restored to possession of the property.
Maryland Real Property § 8-216 prohibits landlords from reclaiming a rental unit through self-help methods such as lockouts, utility shutoffs, or other intimidating actions designed to force a tenant out. The only lawful ways a landlord may retake possession are through a court-issued warrant of restitution executed by a sheriff or constable, or when the tenant has voluntarily abandoned or surrendered the unit. A tenant who prevails in court over a landlord's violation of this rule may recover actual damages plus reasonable attorney's fees and costs.
Plain English — not legal advice.
Under Md. Real Prop. § 8-216, compliant property operators rely exclusively on the court process—obtaining a warrant of restitution executed by a sheriff or constable—before retaking a unit from an occupying tenant. Operators generally avoid any action that could be construed as a lockout or willful interruption of essential services such as heat, water, or electricity, since those acts can expose them to liability for actual damages and attorney's fees. A narrow exception exists for temporarily securing a genuinely unsecured property, provided the operator makes good-faith efforts to promptly notify the tenant and restore access.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-216 gives tenants the right to remain in their unit until a court has issued a warrant of restitution and a sheriff or constable has executed it—a landlord's unilateral lockout or utility shutoff is not a lawful eviction method. If a landlord violates this provision, a tenant who prevails in a court proceeding may be entitled to recover actual damages as well as reasonable attorney's fees and costs, and those remedies are explicitly non-exclusive. Tenants who believe this section has been violated may consider contacting a local tenant-rights organization, a legal aid office, or the district court to learn about available options.
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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