As of October 1, 2024, Maryland law provides new protections for tenants by allowing certain failure to pay rent (a type of eviction) cases to be shielded, meaning removed from public court records, in specific circumstances.
What Is Shielding?
Maryland court records are generally open to the public. Shielding is the process of removing certain records from public view, either for a specific document or an entire case. A party requesting shielding must have a valid reason, and in some instances, the court will shield cases automatically.
Automatic Shielding After October 1, 2024
For failure to pay rent cases filed after October 1, 2024:
- If there was no judgment of possession, the District Court will automatically shield the case within 60 days after it is closed.
- If there was a judgment of possession, the case may still be shielded, but you must file the required paperwork to request it be shielded.
Special COVID-19 Protections
Tenants with cases filed between March 5, 2020, and January 1, 2022 may also request shielding if:
- They can show their inability to pay rent was due to income loss caused by the COVID-19 pandemic, and
- Any judgment for unpaid rent has been satisfied (paid).
This shielding is not automatic. The defendant must file the necessary paperwork to request the Court shield the record.
Why This Matters
A public record of a failure to pay rent case can create obstacles when applying for housing in the future. These new shielding provisions, especially the automatic protections, give Maryland tenants a valuable tool to protect their rental history and improve access to housing.
If you believe you may be eligible to have a case shielded, the Stubenberg Legal Group LLC can help you determine the best approach and guide you through the process.
This article is not legal advice.
