This law provides standards for the protection of consumers, including tenants and prospective tenants of residential property.
As relevant to this guide, the Consumer Protection Act (CPA) prohibits a person (usually a landlord) from engaging in “unfair and deceptive procedures” when renting or leasing property.
Broadly stated, a landlord engages in an “unfair or deceptive trade practice” by lying, failing to tell the truth, or making misleading statements that could have, or did, mislead a potential tenant/renter.
More specifically, an “unfair or deceptive trade practice” includes:
Examples of possible violations include:
The CPA applies only to statements made by a landlord immediately before and at the time the lease is signed. In other words, the CPA does not protect against a landlord’s misstatements or omissions during the term of the lease.
Also, the CPA does not apply to real estate agents, brokers, or salespeople — just landlords.
The Division of Consumer Protection in the Office of the Maryland Attorney General administers and enforces the CPA.
If you believe that your landlord has violated the CPA, then you can:
If you file a complaint with the Attorney General, then the Consumer Protection Division will most likely conduct a mediation. If mediation does not resolve your complaint, then your dispute may proceed to arbitration or, in a private law suit, to Small Claims Court or District Court.
A tenant who is a victim of a deceptive practice may file a lawsuit to recover losses suffered as a result of the landlord’s deceptive practice. If the court awards the tenant damages, then it may also award the tenant attorney fees. But, if the court determines that the tenant filed the lawsuit in bad faith, then the court may order the tenant to pay the landlord’s attorney fees.
A landlord who violates the CPA may be liable for civil penalties of up to $10,000 and $25,000 for each subsequent violation. These civil penalties are recoverable by the State of Maryland.