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Questions Answered by Leonard A Englander
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.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Roommate doesn’t pay rent since March, 2020..quit job 2 weeks before Covid..landlord gave him 30 day notice to vacate in

April. Loud car, car lights shine in tenants windows, does not keep common area like bathroom clean.

Leonard A Englander
Leonard A Englander answered on Sep 20, 2020

I would need a bit more information to answer this one. Are you asking if the Landlord can do that? Or are you asking if there is a way for you to get rid of this roommate, or it something else.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Do I need to be present in court if I request a trial for a speeding ticket?

Got a $290 ticket for doing 63 in a 30. If I request a hearing, do I need to show in court or can I just send a lawyer?

Leonard A Englander
Leonard A Englander answered on Sep 17, 2020

No, you don't need a lawyer. However, a lawyer can be very helpful in terms of explaining the law, preparing your defense and presenting your best front to a judge.

Hope that helps!

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We rent monthly no lease just mouth to mouth because of cova19 we only pay half rent now landlord can eviction start
Leonard A Englander
Leonard A Englander answered on Sep 14, 2020

So, the Landlord can make use of the Failure to Pay Rent statute, but you can make use of the stay of eviction offered by Governor Hogan's state of emergency to prevent you actually getting evicted.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Are written texts between landlords and tenants legal?

I’m in a tricky situation. I was scheduled to begin a lease Sept 6. I had signed it but noted on the lease clause 35 that inspection was not complete and told him I could not sign that portion since the tenants hadn’t moved and he had not completed the work promised on the property yet. Long... Read more »

Leonard A Englander
Leonard A Englander answered on Sep 7, 2020

That's a tricky one. If there was a modification of the agreement, even orally, it can be enforceable, but the burden of proof would be on you to show that there was a) an offer to rescind the lease, b) that you accepted the offer and c) that there was some consideration (ie value) that would... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: Had court date but pandemic came. Wasn’t given a court date and license for suspended

I got scheduled a court date for 39:3-40 back in March for my insurance I believe. Pandemic came and they scheduled it again for June but courts weren’t open. Just paid that ticket from the courts and it was $153 plus $33 court fees. Before me paying that ticket, I got pulled over again for my... Read more »

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Hi there,

That sounds frustrating. I doubt you will lose your license. In all likelihood, you will show up at the mandated hearing, explain what happened to the prosecutor and if you can show proof that everything is in good order (ie. license is back in good standing, registration is good,...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a Maryland landlord break a lease halfway through the term to sell the property... during covid-19?

I live in Montgomery County MD, and the landlord gave 2 months notice to terminate the lease. The lease contract went until April 2021. What are my rights as a renter? Do I have to allow showings of the house under covid conditions when I did not initiate this termination?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Under MD law, a lease survives the sale of the property (with one or 2 exceptions). So, if you have a lease that is good until 4/21, the Landlord cannot really give you a notice of termination (unless you have breached the lease in a major way, such as smoking in a non-smoking house, etc.)... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Will I get a point on my license for this?
Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Hi there,

I would be happy to answer this, but I can't seem to find any information as to the nature of the ticket. Can you provide some more information?

Best,

-Leonard

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can land lord keep full security deposit and charge more to replace 5 year old carpet.

Carpet was incredibly cheap and stained easily. While stained by tenants carpet also had mold growth due to leaking tub landlord didn't fix and poor installments of siding, sliding glass doors and windows. Is land lord allowed to keep all of the security deposit plus charge extra for a 5 year... Read more »

Leonard A Englander
Leonard A Englander answered on Aug 20, 2020

So, the short answer is: no, but...

When you rent a place, it is assumed that there will be normal wear-and-tear. If the carpet was old and stained when you moved in and just proceeded along that path, then it would not be fair to withhold for that.

If the carpet was in good...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is there a law that carpet must be replaced before leasing to a new tenant?

I moved into an apartment with “damaged” carpet. It has pet fur throughout the entire apartment that I cannot sweep or vacuum away. Pet fur from the previous tenant. I didn’t notice until it was in our socks and clothing. What can I do?

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

That sounds very frustrating.

Unfortunately, there is not a rule about replacing carpets. The court generally assumes that you have reviewed the premises prior to rental and were good with the condition. That being said, you can definitely try to pressure the Landlord (LL) into making...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I was scammed into renting a house. Now I'm being called a squatter. What do I do now? What rights do I have?
Leonard A Englander
Leonard A Englander answered on Aug 16, 2020

That sounds very frustrating. This is actually a fairly common scheme. I imagine someone offered you to rent the house, showed it to you, got you to sign a lease and collected rent. Then, when the real owner showed up, you realized that you were scammed.

Unfortunately, legally speaking, you...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Maryland give me a hand written termination of the lease without a court order
Leonard A Englander
Leonard A Englander answered on Aug 16, 2020

Yes, your Landlord (LL) can certainly do that.

However, the LL cannot evict you without a court order. What would need to happen would be the LL filing a Tenant Holding Over action (THOA) where the LL ask the Court to rule that you were given proper notice and failed to leave. After that,...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: i gave my roommate my rent she didn’t pay she left the apartment now I got a eviction notice what can I do.

I found out she hasn’t paid in 2 months and she’s not answering my calls and I can’t get in touch with her

Leonard A Englander
Leonard A Englander answered on Dec 26, 2019

That is very frustrating.

So, you have to pay the rent or risk getting evicted.

What you can do is locate your former roommate and file suit against her for absconding with the rent.

Hope that helps!

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: The defendants in our case did not appear at the hearing but have now submitted intent to defend after. Is this allowed?

My spouse and I appeared at the hearing but neither defendant was present. We were prepared to discuss our case but since they did not show, the judge said there was no contest and ruled affidavit judgement that they needed to return our deposit and court fees. Now, when I search the case online to... Read more »

Leonard A Englander
Leonard A Englander answered on Dec 14, 2019

I've seen that happen before. Basically, if they get the Notice of Intention to Defend (NOID) in at just the right moment, the Court just decides to set a court date.

As counsel states, you will want to get all your documents in order and may want to consider looking into consulting...
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What happens to me since my landlord got his rental license suspended for a violation. I have 9 months left on my lease.

Condominium in Prince Georges County maryland

Leonard A Englander
Leonard A Englander answered on Dec 3, 2019

Nothing "happens" so to speak. If your Landlord (LL) is unlicensed, you still have to pay rent and are still a tenant. The major difference lies in what your LL can do to you if you don't pay rent. In PG, if the LL doesn't have the license, he/she cannot make use of the Failure... Read more »

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