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Questions Answered by Leonard A Englander
1 Answer | Asked in Traffic Tickets for Maryland on
Q: My traffic court date was cancelled due to coronavirus. Does this mean I am going to have a later date sent?
Leonard A Englander
Leonard A Englander answered on Jan 10, 2021

Yes. They will reschedule the date once the Court moves into the next phase.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Move in this apt on January in April after a rain there was water in the carpet and I call up to know done nothing .

I call , email never fix the problem and I have a 9 month old baby , can I ask for another apartment please thanks.

Leonard A Englander
Leonard A Englander answered on Jan 2, 2021

Based on what you are writing here, it sounds like the leak was not fixed. Am I correct in assuming that the carpet is now moldy and/or that the apartment in general has mold?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: In Maryland can a landlord charge a tenant for water
Leonard A Englander
Leonard A Englander answered on Dec 26, 2020

Certainly. As long as the lease specifies such, the Landlord is fully allowed to charge the Tenant for water and many do. Just has to state so in the lease.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get my boyfriend to move out of my house?

He has been living in my house for about 4 and a half years. He has regularly contributed to household expenses. He is verbally abusive, and on one occasion was physical with me. I told him it is over and I want him to leave. I didn't say he had to leave right away. I don't want to... Read more »

Leonard A Englander
Leonard A Englander answered on Dec 21, 2020

A lot will depend on what was agreed upon in terms of living there. It sounds like he was actually contributing to payment of expenses, which would put him into the category of a tenant.

However, the good news is that if so, give him notice to vacate and if he refuses, file a Tenant Holding...
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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I am a hold over tenant with a court date coming up soon. I am up to date on rent, and my lease has gone month to month

If I lose, am I entitled to an appeal, and if I appeal, may I ask for a jury trial? No money will be owed by me. I am fighting on the basis of retaliation. Thanks. I am trying to approximate how much time I will have in I lose my case in March, 2121. I am chronically ill, Federally Totally... Read more »

Leonard A Englander
Leonard A Englander answered on Dec 16, 2020

Good evening,

Well, a lot of this depends on the grounds. If the Landlord gave you proper notice to vacate and your lease term is up (ie month to month) then you will almost assuredly lose the case. All the Landlord has to prove is that a) the lease term is up, b) you were given proper...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Tenant won't pay rent and has attorney. Refuses to provide attorneys info

Hello! I am in the military, stationed overseas, and rent my property stateside. My tenant has been late on her payments and still has not paid or communicated as to what the problem is. She is telling me that her attorney will be dealing with the issue. She says attorney won't contact me... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 25, 2020

That sounds frustrating. I would advise you to speak to a knowledgeable attorney about this, but in a nutshell:

If you have a valid rental license (if the law requires it that is), I would suggest you file a Failure to Pay Rent. Then, I would suggest you examine when the lease ends and if...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: I was scammed out of $400 by people pretending to be a company (Direct Home Management.) can I do small claims court

The people are in Maryland; they scammed me over the phone. I am in Chicago. I have located name, addresses and phone numbers, and wonder if there is recourse for me to get my money back.

Leonard A Englander
Leonard A Englander answered on Nov 24, 2020

The short answer is: yes, but...

You can go and file a civil suit against them in MD small claims court. However, given the amounts in question, I doubt it's practically advisable. You will end up spending a lot of time and money (think airfare alone) for not a great deal of money....
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: In the process of moving the landlord has placed a lock on the door which prevents me from cleaning an removal of items

She is claiming abandonment when I was in the middle of cleaning and removing my personal items and refuses to remove the lock until final utility bills are paid all final bills have been sent to me under my name and arrangements to pay have been made. Is this legal? Can she hold the process... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 13, 2020

Hi there,

Nope, that's probably not legal. A Landlord is not allowed to hold your items hostage. I would contact an attorney ASAP, as the devil is often in the details.

Good luck!

1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Am I being wrongfully evicted?

My landlord had put a masterlock on my door so now I can’t remove the remainder of my property. The lease says I have until the end of November to vacate. She lives in NY and I’m in MD. I don’t understand why she did this but I feel as if it isn’t valid.

Leonard A Englander
Leonard A Englander answered on Nov 9, 2020

That sounds like an illegal lockout. The only way that it would be allowed is if there was a court hearing and the sheriff's office came to officiate an eviction. It doesn't sound like that happened here. I would suggest contacting the State's attorney's office, as many counties... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What this mean? “Landlord will send statement of reason and amount along with check for any deposit balance.”
Leonard A Englander
Leonard A Englander answered on Nov 7, 2020

It probably is in reference to a 45 day letter stating the security deposit disposition. By law, your Landlord has to either give you the security deposit back or send a letter itemizing the reason amounts are being withheld.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I’m responsible to make sure my rented home is in the same condition when I move out,Is my landlord held same standards?

I rent a house in Cambridge Md, my slumlord refuses to fix things. I had to call the housing inspector to show him the tub is horribly cracked with cheap paint and has just constantly been repainted over to hide. We moved in March and I noticed the problem in April.He refused to fix it kept putting... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 2, 2020

Well, yes and no. Unfortunately, it's very hard to get a landlord (LL) to fix things if it's not directly covered in the lease or under law. So, for instance, if the roof caved in and he refused to fix it, you could go and file a rent escrow.

However, things that are not truly...
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2 Answers | Asked in Real Estate Law and Collections for Maryland on
Q: We would like to know what are options are in removing the lien from our home in Harford County in Maryland.

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 28, 2020

Contact a lawyer who handles real property law, but honestly, if you can prove that you paid off the debt, this should be pretty straightforward to handle.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What are my options when landlord not providing electricity bill for me to see and asking more and more money each time?

We have not been home last 2 months and somehow the bill went up to $1850. Landlord hasn’t been working and I believe he’s not paying his part of the bill.

Leonard A Englander
Leonard A Englander answered on Oct 27, 2020

I would tend to say that you have a right to demand to take a look at the bill. I would contact him and explain that you are happy to of course pay the bill, but that you want to see it and make a copy for your records.

Good luck!

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long can a landlord drag out a dispute over replacement costs? Only sporadic responses from them.

Filed a dispute about property damage. Took them 1 month to reply. Now taking another month to reply to our evidence showing that we left the property intact (have a dated photo showing no damage was done and no move-out walkthrough was allowed due to COVID). How long does the landlord get to... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 23, 2020

That would really depend on the situation. Have you moved out already and this is in regards to the security deposit or are you still living there?

If you have moved out, then generally the Landlord has 45 days from the date you vacate to either return the security deposit or send you a...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I was evicted from a MD property in December 2015. The property owner is now trying to sue me in 2020 for unpaid rent

Is there a statue of limitations?

Leonard A Englander
Leonard A Englander answered on Oct 15, 2020

Yes, there is a statute of limitations. However, that only applies to time to file, not overall. For instance, if they filed suit against you in 2017, but only just now got you served, they would still be able to move forward. You will need to check whether or not the suit was filed within that 3... Read more »

1 Answer | Asked in Collections and Landlord - Tenant for Maryland on
Q: How can a landlord send me to collections, for repairs to property after I have moved out, after living there over 8 yer

I rented from landlord for about 10 years in Maryland. After about 5 to 6 years never could get any repairs, or updated appliances that were failing such as refrigerator, gas stove. They were completely not safe or working properly from normal aging and wear and tear. Front steps were crumbling I... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 11, 2020

It would depend on what the damages he claimed were. If they were ordinary wear and tear, which it sounds like it might be given the length of the tenancy, then no, he cannot hold you accountable for it.

If it was for damages beyond ordinary wear and tear (ie. put your fist through the...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I've filed an escrow petition. Has not gone to court. If I'm sued for failure to pay, does the escrow app protect me?

I've filed an escrow petition, but it has not yet gone to court. If I do not pay my rent, I understand that my landlord can sue me for failure to pay rent. What does the law say about situations like that? Does the application for the escrow petition protect me from a lawsuit for failure to... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 1, 2020

You cannot unilaterally withhold the rent. That's what the rent escrow petition is for. However, as soon as you get the first hearing establishing the escrow, you can put the rent into the escrow account.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Moved into house 3yrs about, NO lease in my name ever! Landlord old, sons taking over, what are my rights without lease?
Leonard A Englander
Leonard A Englander answered on Sep 29, 2020

Well, as long as there was an agreement to pay rent, there is a lease, albeit an oral one. What that means is that you would be considered a month-to-month tenant, so the Landlord has the right to give you notice to vacate. If so, it would be a 30 day notice.

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