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In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s
Real Property Article stating that a landlord believes a property has been abandoned so that a self-help eviction can be carried out is a violation of both that Article and the
Maryland Consumer Protection Act if the landlord has not conducted a reasonable investigation as to whether the property has been abandoned before posting the notice; (b) occupants who have not been evicted or had their access to property restricted may still recover for emotional injury that results in physical injury evidenced by objective physical manifestation; and (c) attorneys’ fees incurred by occupants in determining their rights as a result of the posting of the notice do not constitute “damages” recoverable