No rental agreement because person was staying 2 mos; pandemic lasted 2 yrs - Notice to vacate given but refuses to leave.
answered on Aug 8, 2022
Assuming this is in the state of MD, you are dealing with a holdover situation. A written lease agreement isn't required for a rental agreement, it's just a good idea. If you were accepting money from this person in exchange for a place to stay, the person becomes a Tenant.
In MD,... View More
answered on Jul 14, 2022
Absent unusual circumstances (ie. an agreement stipulating to responsibility or a guarantor or the occupant doing damage to the premises), the answer is no. The named tenant(s) are the responsible parties. Authorized occupants merely have the right to reside. As a result, they don't have... View More
I have pictures of the poor state of some of the items she claims I damaged when I first moved in.
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
Was a ‘rolling stop’ according to officer
answered on Jun 1, 2022
Sound advice from Mr. Scherr. Odds are pretty good you will qualify for a probation before judgment.
I’m backed up on rent a bit and needed alittle more time to find a place
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... View More
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... View More
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... View More
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.
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?
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.
answered on Mar 28, 2022
You can certainly try, but defamation/libel cases are notoriously difficult and hard to get judgments for.
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.
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.
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.
I’m a criminal justice graduate student and I do not want a speeding ticket to ruin my career.
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... View More
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... View More
answered on Mar 19, 2022
I agree with Counsel. The Statute of Limitations simply means that the case must be filed within that time.
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.
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... View More
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.
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... View More
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?
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... View More
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.
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... View More
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.
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... View More
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?
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... View More
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... View More
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