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Questions Answered by Leonard A Englander
2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Landlord refuses to return deposit

I have pictures of the poor state of some of the items she claims I damaged when I first moved in.

Leonard A Englander
Leonard A Englander
answered on Jun 12, 2022

If you can prove that she is unlawfully withholding your security deposit, you can file suit in district Court for up to three times the amount that is unlawfully being withheld

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: In Maryland does TA-21-707(a) traffic violation driver failure to stop at stop sign cause MVA points

Was a ‘rolling stop’ according to officer

Leonard A Englander
Leonard A Englander
answered on Jun 1, 2022

Sound advice from Mr. Scherr. Odds are pretty good you will qualify for a probation before judgment.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended. I wanted to know if they could just come one day randomly and get me out or will I need to get a notice

I’m backed up on rent a bit and needed alittle more time to find a place

Leonard A Englander
Leonard A Englander
answered on May 16, 2022

You are on a month-to-month lease as of this time (automatically reverts to month-to-month if not renewed). So, the Landlord (LL) is free to give you notice. However, it's illegal to simply boot your stuff to the curb (not that it doesn't happen, just that it's relatively rare... Read more »

1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... Read more »

Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice do I need to give a former tenant to remove personal items in Maryland?
Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

That would depend. Did you evict the tenant through the Courts? If yes, then you don't have any notice requirements. I would be wondering how it came to be that the Tenant left but their stuff is still there. I suggest contacting an attorney to discuss the particulars.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I filed a complaint with the county building inspector and my landlord served me a 90 day notice to vacate.

We signed our lease November 13, 2019 and have been on a year to year lease since. My landlord served us a notice to vacate by April 30th. I have four children, three in school and I need to know of what he is doing is legal?

Leonard A Englander
Leonard A Englander
answered on Mar 29, 2022

It depends. Based on what your describing, you might have grounds to claim retaliation. However, the Landlord might be able to counter and provide a reasonable alternative explanation. In short, you should contact an attorney, as retaliation defenses are tricky.

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3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Leonard A Englander
Leonard A Englander
answered on Mar 28, 2022

You can certainly try, but defamation/libel cases are notoriously difficult and hard to get judgments for.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am going to court on Friday to collect my judgement in a tenant case along w/damages post judgement. In Baltimore

Besides before and after pictures, a list of my charges, the lease, communication back and forth with the tenant, is there anything else I need to bring. In addition, since I won the eviction case do I need to have legal representation or will the judge just honor the judgement.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

You should bring any and all documents that support your claim. Often, that is a copy of the lease, a ledger, photos of any claimed damages, invoices/estimates of the damages and any other ancillary proof that you happen to have.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I had a ticket back in 2017 which I had a lawyer for.. I have not been driving due my health and it open with bench
Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

I agree with Counsel. Continuity of care is very useful in situations such as these. Your first stop should be your prior attorney, who should be able to get the bench warrant taken care of.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I got a ticket my very first time speeding instead of a citation. Should I try to fight it?

I’m a criminal justice graduate student and I do not want a speeding ticket to ruin my career.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

I agree with counsel. If everyone who got a speeding ticket got their career dinged, no one would have a career (including quite a few lawyers). It's a very minor offense, especially if it's your first one. Request a trial. You will most likely receive a probation before judgment. I... Read more »

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2 Answers | Asked in Consumer Law and Collections for Maryland on
Q: Midland funding filed a suit in 2019 and the summons was just issued. I am just now being served a summons.

My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... Read more »

Leonard A Englander
Leonard A Englander
answered on Mar 19, 2022

I agree with Counsel. The Statute of Limitations simply means that the case must be filed within that time.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do you remove a tenant from your home in Oxon Hill Maryland

I have a Durable POA on my brother who recently allowed a woman to rent out his extra bedroom. The woman was to leave in December 2021 and now he cannot get her to vacate his residence.

Leonard A Englander
Leonard A Englander
answered on Mar 18, 2022

You and/or your brother will need to give her 60 days notice to vacate (make it effective the first of the month {ie April 1st, 2022}. If she doesn't leave, then you would have to file a tenant holding over action with the Courts.

Alternatively, if she hasn't paid rent and if you...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We received a court summons for failure to pay rent. We do not owe money and never missed a payment. What do we do?

The office already acknowledged this and signed off on it. We received another summons and I contacted the office and they again said we do not owe. We are confused.

Leonard A Englander
Leonard A Englander
answered on Mar 11, 2022

This happens fairly frequently actually, especially these days. Odds are good that it's from a Failure to Pay Rent that was filed quite a while ago which you have since paid.

I would reach out to the Landlord and get them to give you some written assurance that the case is going to be...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security Deposit wasn’t refunded after 45 days

I terminated my lease and did not receive list of charges for deposit within 45 days and after several requests. The landlord sent the charges(not itemized) and refuses to refund my deposit. I am in Maryland. Would it be worth it to go to court?

Leonard A Englander
Leonard A Englander
answered on Feb 14, 2022

Possibly. A lot would depend on the facts of the case. Certainly, if the damages claimed are real and are beyond ordinary wear and tear, I would hesitate to file. However, if you left the house in good condition and can prove it, then it becomes more viable. I would consult with a knowledgeable... Read more »

1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander
answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
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1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander
answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What do you do when a tenant moves and damages cost more than security deposit?
Leonard A Englander
Leonard A Englander
answered on Sep 23, 2021

You would need to make sure to send out a security disposition letter within 45 days so that you don't run afoul of MD Real Property Art. 8-203. The letter should be an itemized list of why you are withholding the security deposit and should be sent to the Tenants last known address. Make sure... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I need help our landlord from our apartment is trying to say we cannot renew our lease after 6 years here no official

notice. never late on our rent. and we have to be out by September 23rd with no where to go yet, is this legal?

Leonard A Englander
Leonard A Englander
answered on Sep 6, 2021

So, the answer is yes and no. All Landlord's generally have a right to not renew leases and to retake possession at the end of a lease term, with a few exceptions.

That being said, the Landlord does have to follow some set rules. Specifically, the Landlord is required to give written...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander
answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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