Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Joseph D. Allen

2 Answers | Asked in Landlord - Tenant for Maryland on

Q: I was told that I had to have surgery in order to be represented in a suit against the apartments where I reside

I was told that I had to have surgery in order to be represented in a suit against the apartment where I reside the ceiling fell in on me and I have be having back leg and elbow issues they also made me move my apartment on my own to a new unit I need representation because I hw e kids I have to... Read more »

Joseph D. Allen answered on Sep 9, 2019

Medical expenses are a major component of this type of claim, but having surgery is not necessarily required. Lost income and other expenses are also relevant to damages. You should discuss with an attorney.

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I need advice on what I should do when I believe I was illegally evicted?

Joseph D. Allen answered on Sep 5, 2019

You'd want to discuss all the facts and circumstances with an attorney who practices in the landlord/tenant area.

1 Answer | Asked in Employment Law for Maryland on

Q: Does your company have to pay out accrued vac time if the maturity date in with in the last 2 weeks of your empowerment?

The company has a policy that they will pay out any unused accrued time if you give the proper notice. If u give 2 weeks and the anniversary date to release the time is in that window, is the company required to pay you out that time u have been accruing since last year even though these are the... Read more »

Joseph D. Allen answered on Aug 28, 2019

It depends on exactly how the policy is worded. Or if it is silent about this situation, it becomes a matter of interpretation. You can either inquire with them (assuming you've already given notice, of course)- or wait and see what happens. If they deny it, then depending on how much you are... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Maryland on

Q: How do I protect myself from being sued by company staff for recording scheduled meeting without permission? my rights?

I was not aware you could not record for meetings so you can capture meeting notes. not a fast note taker and it was illegal. I was fired for doing it.

Joseph D. Allen answered on Aug 16, 2019

Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Is there a life expectancy of carpet in Maryland that a landlord can no longer charge for excessive damage?

Tenants lived in a single family rental home for six years. Carpet was newly installed just prior to their move-in; addendum to lease noted that shoes not be worn on carpets. On move out, the carpet was filthy (beyond normal wear and tear) and had unremovable sticky substances (gum, candy from... Read more »

Joseph D. Allen answered on Aug 13, 2019

It could be argued that a carpet would have had to be replaced after 6 years of normal wear and tear due to its intended use. While the "no-shoes" addendum is creative, it may not be the thing to hang a hat on in court. Attempt to come to an agreement with the ex-tenant- preferably in writing.

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Maryland on

Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »

Joseph D. Allen answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

1 Answer | Asked in Personal Injury for Maryland on

Q: someone at my old job put bleach on my ice and I drank it. they a week later they fired me what can I do?

Joseph D. Allen answered on Jul 24, 2019

Civil (and criminal) liability for the poisoner themselves seems pretty straightforward (if it is provable with evidence). The employer's responsibility for the bleach incident is less clear. As for the termination itself, there are not enough facts to analyze. And it seems likely there are many... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: I am an hourly employee, but regularly contacted outside of working hours regarding work matters. Is this legal?

My direct supervisor does not prohibit me from clocking in when working outside usual hours, but this is not always practical since I receive texts/phone calls unexpectedly and at all hours. This is not specifically an expectation of my job, but it is implied that my employer desires me to be... Read more »

Joseph D. Allen answered on Jul 24, 2019

There are two considerations here. The first is that if you are an hourly employee, you should be paid for all time and overtime you are "suffered" to work by the employer. Overtime might also apply if you are salaried/non-exempt. The second is how much it is worth to you to get paid the extra... Read more »

1 Answer | Asked in Real Estate Law for Maryland on

Q: Does 3-101 require a Memorandum of option if the tenant has only occupied the property for 5 years?

3-101 (c) seems to suggest that an exception to the requirement is made to tenants with leases shorter than a 7-year period and the renewals are shorter than a 7-year period.

3-101(f) 2 seems to suggest that if 3-101 (c) is sound, then the Memorandum of Option isn't required. Am I reading... Read more »

Joseph D. Allen answered on Jul 24, 2019

It's not clear from the question what the issue is. R.P. 301 simply mandates that deeds to real property and leases over 7 years have to be executed and recorded in order to be effective. 301(f) extends that requirement to executing and recording options to buy, and gives the alternative means of... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I live in San Diego, CA and am the trustee of a trust that owns a house in MD. Can I file an unlawful detainer online.

The "tenants" are my siblings who have broken the terms of living in the property as laid out in the trust. I have sent them a sixty day notice to quit. One of the people living in the home signed for it. I want them out so that I can sell the house in accordance with the terms of the trust... Read more »

Joseph D. Allen answered on Jul 24, 2019

Not directly, though there are online (non-lawyer) services that claim to be able to handle evictions. Given the complications in the trust/wrongful detainer matter, that might not be wise (particularly if the eviction might be challenged by the residents). You might also want to get an opinion... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Can you clarify this eviction?

I was given a 30 day notice from my landlord ( private owner) on June 5th to pay by July 5th. The landlord was paid all but $400.00 of the balance, but he sent me a letter stating he doesn't want the balance and it's June 24th. He wants us to pay the $400.00 balance and move out by July 24th, when... Read more »

Joseph D. Allen answered on Jun 25, 2019

Not clear if the landlord is giving 30 day notice of terminating your (perhaps month-to-month) lease, or attempting to evict you while you have a longer valid lease. If you hold over (stay in) the premises beyond proper termination, the landlord could file a wrongful detainer. Or, if they're... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I am landlord in maryland. could I evict the tenants and their furnitures if they don't move out at termination date?

the new tenant will move in next day

Joseph D. Allen answered on Jun 6, 2019

"Self-help" evictions are frowned upon in Maryland, and risky for landlords. You do not say whether you have a reasonable belief that the tenants will not move out at termination, but if you do have good reasons to think that (such as because the tenants said as much), you might be able to... Read more »

1 Answer | Asked in Libel & Slander for Maryland on

Q: What does a business have to prove for a defamation case in an online review?

Joseph D. Allen answered on May 21, 2019

This is the general rule:

Four elements must be present for a plaintiff to establish a prima facie case of

defamation, including that: “(1) . . . the defendant made a defamatory statement to a third

person, (2) . . . the statement was false, (3) . . . the defendant was...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: This is regarding a federal agency being hacked.

I am a consultant for a legal firm representing the complaintive agency in one case against suspect foreign cyber Security Company. I represent the same suspect foreign cybersecurity company in a case against the U.S. cybersecurity company. Can I legally represent both companies? If Not what laws... Read more »

Joseph D. Allen answered on May 16, 2019

Criminal liability in a situation like this might result from defrauding one of the parties- e.g. obtaining something of value (your fees) from them under false pretenses (perhaps that you are not using the confidential info obtained from them in one matter against them in the other matter).... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Company losing contract but new company wants me to come work for them. Non solicitation for employees and customers

Restricted period is 1 year and includes prior contracts. Non solicitation references not providing similar services to the business. Can I go work for them? It's almost like being black mailed to only work for my current company.

Joseph D. Allen answered on May 9, 2019

You'd need an attorney to review the non-solicitation clause in the context of the entire agreement, to see if it is enforceable or applies to your planned new job. Your question sounds like it could possibly implicate a non-compete clause rather than non-solicitation.

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: My landlord is terminating my lease 2 months early because she is getting new flooring in the apartment. Is this legal?

Joseph D. Allen answered on May 6, 2019

Typically, unless you have language in your lease that specifically allows for early termination under these circumstances, the landlord is required to lease the premises for the term that you agreed on.

1 Answer | Asked in Civil Litigation for Maryland on

Q: I have been pursued by a crazy lady that lost 6 cases against me and now filed at Circuit Court.

This lady has been following my family, filed false police report, false assault charges, illegally videotaped my husband at our community...lost 6 cases against me and my husband at District Court and blow filed abuse of process at the Circuit court and asking 40,000$ in damages which is just... Read more »

Joseph D. Allen answered on May 6, 2019

It is unclear from your question what the basis for the "abuse of process" claim is, but it is clear that this is a dispute with many complications, which may entail a lot of time spent by an attorney. You should contact civil litigation attorneys until you find one who is willing to listen to... Read more »

2 Answers | Asked in Employment Law for Maryland on

Q: I need to sign a contract with an IT staffing Company and I don't understand a clause in it?

Joseph D. Allen answered on Feb 20, 2019

You'd need to ask an attorney to tell you what the clause means. It might be a good idea to have the entire contract reviewed also.

View More Answers

Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,

Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »

Joseph D. Allen answered on Feb 20, 2019

There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate against... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Does my landlord have the right to tell me what I am allowed to store in my carport?

My landlord is telling me I have to throw things away in my carport. It’s not junky and I store things around the perimeter like bikes, a wood pile for bonfires (he demands this be thrown out), broken down boxes I use for shipping (demands these be thrown out), a grill, and a couple metal storage... Read more »

Joseph D. Allen answered on Feb 14, 2019

The first place to look is the lease language regarding the tenant's responsibilities to maintain the premises (and the carport in particular). Sometimes it is vague and ambiguous, so might turn on the reasonableness of the landlord's request vs. the reasonableness of your conduct. Tenants can be... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.