You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

You can file a motion to reduce the garnishment.

Generally, the answer is yes, but such an appeal needs to be filed within 4 days for a failure to pay rent case and 10 days for other matters, such as a breach of lease, tenant holding over action, etc.

Additionally, often the Court will set an appeal bond to prevent frivolous appeals,... Read more »

It's a bit jumbled together, but it's what known as a "severability clause". Essentially, if any aspect of the contract is found to contravene MD law (for instance, interest set at 10% in a rent case, etc.), the rest of the contract will continue to function regardless.... Read more »

It is generally 60 days. However, some of the counties have stricter rules.

Generally speaking, the Landlord has 45 days once you vacate the premises to either return the security deposit or send a letter outlining why it is being withheld.

Did you do a walkthrough confirming the condition of the property? Also, you mentioned that there was a roommate. Has the... Read more »

If I understand you correctly, they got a judgment against you and have filed a wage garnishment against you, correct?

If so, then under MD law, they are required each month to send you a Judgment Creditor report, which shows a breakdown of the amounts paid and allocation. If they... Read more »

The short answer is: no.

If you had some sort of rental agreement with your mother (ie. you paid money to live there), then she does not have the right to get rid of your stuff. I would consult with a lawyer though, as there are a couple of things that would need to be clarified.

I agree with Counsel. Without a witness, the State cannot meet its burden of proof.

Unfortunately, nothing your describing would give you cause to break your lease. You will have to negotiate with the Landlord and see what accommodations can be reached.

Is this tenancy taking place in MD? I only ask because there seems to be some indication that it might be from DC.

If MD, then you should know that MD law changed in October 2021. From that point on, if you wish to make a tenant leave due to a holdover, you have to give 60 days notice to... Read more »

In which ways are you being harassed? There are quite a few things the landlord can do that would be considered extremely annoying, but would legally be nonactionable.

This type of situation is governed by Maryland real property article 8-203.

It specifies that the landlord can withhold the security deposit for damages that are above ordinary wear and tear.

You certainly could make the argument that you did not cause those damages, that the... Read more »

Theoretically, you can, but you would need to go through the Court system. Was there an agreement that she would pay rent or something similar? If yes, then she would be considered a tenant and you would need to give her written notice to vacate.

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,... Read more »

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... Read more »

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

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

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 »

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 »