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

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

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 Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: How do I set up an LLC with rental property?
Shaneka Johnson
Shaneka Johnson answered on Oct 18, 2021

An LLC established for real property ownership is no different than an LLC formed for conducting another form of business. You will need to file articles of organization. Secure an Employer Identification Number (EIN) and Maryland Tax ID Number (if your LLC is formed in Maryland). Post formation,... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Does the landlord have a right to charge returned check fees on a “lost” and canceled check?

Wells Fargo Bill Pay rent check was late. Late enough to be over 5 days past due. Allegedly. Once LL reached out, rent was paid via PayPal. Stop payment on late check was placed. LL later tried to cash late check. LL is now charging late fees plus bounced check fees as it seems he tried to cash the... Read more »

Mark Oakley
Mark Oakley answered on Oct 14, 2021

If you paid via PayPal, and the Landlord received the PayPal funds before he tried to cash your late check, then your Landlord had no right to try and cash the late check and receive double payment, so he has no right to charge the bounced/returned check fee. If your payment was late, and your... 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: My daughter lives in off campus housing at college that requires roommate agreement for a pet and sneak it in.

My daughter went and bought a dog after receiving the okay from the roommates but one of the roommates turned her in. She paid the fine and the pet fee but also has to have roommates sign an agreement with the apartment complex. The roommate that turned her in refuses to sign. My daughter has the... Read more »

Shaneka Johnson
Shaneka Johnson answered on Sep 13, 2021

Does your daughter have a handicap/disability that the dog provides assistive support for?

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...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... Read more »

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...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a property manager put your car on a list to be towed without informing you
Shaneka Johnson
Shaneka Johnson answered on Aug 4, 2021

Towing questions depend on the terms of your lease (usually found in the rules/house rules section). Outside of the lease, HOA/COA rules and bylaws, along with posted signs will control here. You want to check each of these for parking permission requirements and make sure your vehicle is in... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am Francis looking for a lawyer that represents landlords in 20yr old lead poison case

A previous tenant is trying to sue stating granddaughter have lead poisoning from visiting rental property 20yrs ago.

Mark Oakley
Mark Oakley answered on Aug 1, 2021

You need to contact the insurance company that provided your insurance for the property back at the time of this visit. They will be the ones likely on the hook to pay any judgment; therefore, they will select and pay for your defense lawyer to defend the case. If you fail to notify them in time... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a tenant renting a room, she run her mouth her sister send me a threatening text message, can i evict my tenant?
Leonard A Englander
Leonard A Englander answered on Jul 29, 2021

Depends on how threatening it is, what the lease says and whether the sister is staying there. If an invitee/guest is breaching the lease, that breach can "rub off" on the tenant as well. If the sister has no relationship to the property (ie not staying there, not an invited guest, etc.),... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How soon after moratorium ends can one evict a holdover tenant?

I need holdover tenant to leave property as I don’t intend to rent. What’s my time line after end of moratorium and when do I need to give 30 day notice

Mark Oakley
Mark Oakley answered on Jul 27, 2021

The moratorium is over. Give your notice to the tenant to vacate and file to retake possession of the premises and evict them. Read all about it here:

https://mdcourts.gov/legalhelp/housingtenants

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: If I'm a year to year tenant in md and a landlord refuse to renew. Does real property code 8-402 subsection 3 apply
Mark Oakley
Mark Oakley answered on Jul 23, 2021

Yes, and no contrary provision in your written lease is legal to alter the 90 day notice to quit requirement for year-to-year leases. However, a lease with a one year term is not a year-to-year lease simply on account of the lease term being one year. A year-to-year tenancy automatically renews... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We have a new owner. Our rent was paid till Aug 1st 2021. The new owner has not sent mailed us a new lease.

New owner calls every day , mostly at non-business hours ( from 9am threw 5pm)

He told my Husband he is going to double our rent from $750 to $1475 plus we will have to pay our own water. I think he wants to split water 3 ways between the 3 units in building. Then owner left message... Read more »

Leonard A Englander
Leonard A Englander answered on Jul 20, 2021

When does the prior lease expire?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Month to month unwritten lease, landlord changing verbal 60 day notice to vacate to written 30 day.

I have been renting on a month to month unwritten lease since January. My landlord, on June 29th gave me a verbal 60 day notice to vacate by August 28th. Then on July 8th, gave me a written notice to vacate by July 31st. Is it legal to change the vacate parameters? I have 2 other witnesses who can... Read more »

Mark Oakley
Mark Oakley answered on Jul 9, 2021

Month-to-month tenancies require 30 day notice to vacate, so the July 8 notice to vacate by July 31 is not 30 days notice and is invalid. A landlord and tenant can agree to a longer notice, but it is unclear that you have such an agreement in place. You describe the landlord as merely giving you... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, I can not find this answer on line. Can a Baltimore city Landlord confiscate property in my backyard?

I have a grill that the landlord claim are forbidden in our lease. Is the landlord allowed to take my grill with notice?

Shaneka Johnson
Shaneka Johnson answered on Jun 23, 2021

Generally, the answer is no. However it depends on your lease. Is there a Rules section in your lease or any language specific to the treatment of grills or prohibited items generally?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Per MD Code Real Prop § 8-203.1 can a landlord refuse tenant to be present during move out inspection due to Coronavirus

To be more specific, the property manager will not allow me, the tenant, to be present during the move-out walk-through inspection due to covid. Thank you

Leonard A Englander
Leonard A Englander answered on Jun 22, 2021

Just seeking a bit of clarification here:

Are you asking if the Landlord can choose not to come or asking if the Landlord can refuse to allow the Tenant to be present?

For the former, you could allow an agent to take the place of the Landlord to conduct the walkthrough. For the...
Read more »

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