they are both on the deed 50/50 ownership. They are getting divorced and the husband is claiming he is managing partner and has the right to terminate the lease without her consent. The divorce will not be finalized for 5 mo. She does not wish to terminate lease opposes his actions. What are my... Read more »
answered on Feb 19, 2023
I would need more information to answer this fully.
You mentioned that there is a automatic renewal clause in the lease that you initialed. Did that automatic renewal clause state that the lease would be renewed automatically for an additional year unless either party takes an action?... Read more »
answered on Sep 19, 2022
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 »
I shared a lease. We paid security deposit separately. The unit was cleaned and all property was removed and all keys returned. They haven’t responded to any of my attempts to find out what’s going on with my security deposit. The rental office has a high turnover rate and I can never reach... Read more »
answered on Sep 17, 2022
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 »
I haven’t received any statement showing where the garnishment is going.
answered on Sep 15, 2022
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 »
Of the home and throw out almost all of my items. Example TVs, cooking items, silverware, family heirlooms, clothes. I was wondering if she had the right to throw these items away or any items of my without my permission
answered on Sep 3, 2022
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 gave one month notice to a tenant in January and he is still not leaving and he has not been paying the rent since then
answered on Aug 11, 2022
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 »
When we first moved in, the carpet was old but acceptable. During this 15 months, normal stains were presented when we returned the property. The realtor replaced the whole carpet and deducted the full amount from our deposit arguing that we stained the “fine” carpet. I can guarantee that the... Read more »
answered on Aug 10, 2022
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 »
answered on Aug 8, 2022
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.
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,... Read 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... Read more »
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... Read more »
My tenant's washer broke in April. I immediately contacted my Home warranty program (AHS) and had a service technician come out. He said it would take 4 weeks for parts. He never contacted me back or returned my calls. I had to have a 2ns vendor come out and then they said it was a big job... Read more »
answered on Jun 5, 2023
They cannot unilaterally decide to withhold the rent. If they do so, then you can file a failure to pay rent (first give 10 day notice form).
It may be wise to offer them a rent reduction to smooth things over though.
answered on Apr 17, 2023
If the lease isn't renewed, it will generally divert directly into a month-to-month lease. Provided your landlord is properly licensed and you are still living in the property, then yes, the Landlord can charge you rent.
Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... Read more »
answered on Feb 2, 2023
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.)
I'm experiencing a financial hardship due to this garnishment. How can I request to have the payments lessened so that I can maintain my other financial obligations?
IfanyprovisionofthisLeaseorapplicationthereoftoanypersonorcircumstanceisheldinvalid,thatinvalidityshallnot affect other provisions or applications of this Lease which can be given effect without the invalid provision or application; and to this end, the provisions of this Lease are declared to be... Read more »
answered on Sep 19, 2022
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 »
Washington County, Maryland
answered on Sep 19, 2022
It is generally 60 days. However, some of the counties have stricter rules.
Did not witness the accident or me traveling in the vehicle at all. Can I ask the judge to dismiss
answered on Sep 1, 2022
I agree with Counsel. Without a witness, the State cannot meet its burden of proof.
I’m leasing from a couple who own a townhouse that their daughters are living in. The daughters and sisters are not on speaking terms and I feel very uncomfortable in the house. I’m looking for options on how to break the lease and they did say that they would be willing to end it if they found... Read more »
answered on Aug 31, 2022
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.
I live in howard county Maryland
answered on Aug 11, 2022
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.
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.