A Tenant's Guide to the Maryland Consumer Protection Act

This law provides standards for the protection of consumers, including tenants and prospective tenants of residential property.

Topics on this page

• What is the Consumer Protection Act?
• What is an unfair or deceptive trade practice?
• When does the Consumer Protection Act apply?
• What should I do if I believe my landlord has violated the Consumer Protection Act?

What is the Consumer Protection Act?

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.

What is an unfair or deceptive trade practice?

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:

1. making a false or misleading oral or written statement, visual description, or other representation that has the capacity, tendency or effect of deceiving the possible tenant;
2. representing that the property has a characteristic or use that it does not have;
3. representing that the property is of a particular standard, quality, or style that it is not;
4. failing to state a material fact if the failure deceives or tends to deceive;
5. disparaging someone else’s property by a false or misleading representation of a material fact;
6. advertising or offering to lease property without intent to lease or rent;
7. making a false or misleading statement of the reason for offering the property at a discounted price; or
8. putting a clause in a lease that waives the tenant’s right to use a legal defense.

Examples of possible violations include:

• A landlord advertising and renting an unlicensed dwelling, and
• A landlord failing to inform a possible renter of a health and safety issue, such as the presence of chipping/flaking lead-based paint.

When does the Consumer Protection Act apply?

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.

What should I do if I believe my landlord has violated the Consumer Protection Act?

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:

• call the Attorney General office, toll-free, 888-743-0023;
• file a “Landlord/Tenant Complaint” with the Maryland Attorney General; or
• review the Attorney General's frequently asked questions page.

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.