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Questions Answered by Leonard A Englander
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What do you do when a tenant moves and damages cost more than security deposit?
Leonard A Englander
Leonard A Englander answered on Sep 23, 2021

You would need to make sure to send out a security disposition letter within 45 days so that you don't run afoul of MD Real Property Art. 8-203. The letter should be an itemized list of why you are withholding the security deposit and should be sent to the Tenants last known address. Make sure... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I need help our landlord from our apartment is trying to say we cannot renew our lease after 6 years here no official

notice. never late on our rent. and we have to be out by September 23rd with no where to go yet, is this legal?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2021

So, the answer is yes and no. All Landlord's generally have a right to not renew leases and to retake possession at the end of a lease term, with a few exceptions.

That being said, the Landlord does have to follow some set rules. Specifically, the Landlord is required to give written...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a tenant renting a room, she run her mouth her sister send me a threatening text message, can i evict my tenant?
Leonard A Englander
Leonard A Englander answered on Jul 29, 2021

Depends on how threatening it is, what the lease says and whether the sister is staying there. If an invitee/guest is breaching the lease, that breach can "rub off" on the tenant as well. If the sister has no relationship to the property (ie not staying there, not an invited guest, etc.),... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We have a new owner. Our rent was paid till Aug 1st 2021. The new owner has not sent mailed us a new lease.

New owner calls every day , mostly at non-business hours ( from 9am threw 5pm)

He told my Husband he is going to double our rent from $750 to $1475 plus we will have to pay our own water. I think he wants to split water 3 ways between the 3 units in building. Then owner left message... Read more »

Leonard A Englander
Leonard A Englander answered on Jul 20, 2021

When does the prior lease expire?

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I lived in Md awhile back and apparently had some traffic tickets that escalated into a court date that I was never

aware of. Called Md and they said I have to go to court to pay. I live in Massachusetts now.

Leonard A Englander
Leonard A Englander answered on Jun 25, 2021

Counsel is completely right. Depending on the situation, it may be an easy fix, but it might have a Failure to Appear or worse, a bench warrant attached to it.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Per MD Code Real Prop § 8-203.1 can a landlord refuse tenant to be present during move out inspection due to Coronavirus

To be more specific, the property manager will not allow me, the tenant, to be present during the move-out walk-through inspection due to covid. Thank you

Leonard A Englander
Leonard A Englander answered on Jun 22, 2021

Just seeking a bit of clarification here:

Are you asking if the Landlord can choose not to come or asking if the Landlord can refuse to allow the Tenant to be present?

For the former, you could allow an agent to take the place of the Landlord to conduct the walkthrough. For the...
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3 Answers | Asked in Landlord - Tenant for Maryland on
Q: Homeowner selling after signing year lease.

Update: This was a renewal lease and is scheduled to be our second year in the property.

I just signed a year lease that ends June 2022. I'm now being informed by the homeowner's real estate agent that the owner would like to cancel my lease ASAP and sell the property. What are my... Read more »

Leonard A Englander
Leonard A Englander answered on Jun 15, 2021

Have you already moved into the property out of curiosity?

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: What is a fta disposition?
Leonard A Englander
Leonard A Englander answered on May 24, 2021

Generally, it means "Failure to Appear". Meaning, you missed your court date.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am being evicted on April 30th 2021 due to the fact of non-payment but I lost my job due to covid is there any way to

Stop that eviction that was court ordered by a judge and if so how do I do that

Leonard A Englander
Leonard A Englander answered on Apr 29, 2021

Hmm.. you should be able to fill out a CDC eviction moratorium form. Here you go:

https://www.cdc.gov/coronavirus/2019-ncov/downloads/evictiondeclare_d508.pdf

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in Columbia Md. My lease is up April 30, 2021. I don’t have a place to move to. My rent is not behind.

I was approved for a new place. Last week was told by new owner he could not rent it to me bc he didn’t have his license yet. A few days later it was rented to someone else. Now I have no where to go with my children. My rent is always on time. I have asked for a lease extension the current... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 27, 2021

That sounds frustrating. So... if you don't leave, the Landlord can't just kick you out. He needs to give you proper notice to vacate (sounds like he might have already done that) and if you don't leave, he will need to file a Tenant Holding Over action, followed by a warrant of... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord sue for rent almost 4 years after I moved out? Wasn’t evicted, left early with property manager approval.

In February of 2017 I moved into an apartment complex in AA County Maryland run by a large property management company. About 6 weeks later, towards the end of March, I started to notice evidence of an intense rodent infestation. Not talking a few droppings. I’m talking electrical fire started... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 26, 2021

A lot would depend on what was agreed. If there was an agreement (preferably in writing and signed) that you could terminate your lease early, then they probably don't have a leg to stand one. Likewise, in terms of a statute of limitations issue, a lot would depend on when they filed the suit.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security deposit was put on a rental property, but found some issues

Went into the property, to clean for move in found mold in the kitchen, infested with roaches, holes in the walls and previous tenants had dogs which soiled the carpet and the house smells really bad, the microwave doesn’t work and the dishwasher doesn’t work either. The kitchen counters are... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 8, 2021

Sorry, just saw this. Everything is governed by the lease. If you are noting these issues now though and you haven't already signed a lease, I would see about getting out of this ASAP. These type of problems rarely get better.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My landlord gave me a three day notice to vacate my apartment. She said because she my mother and myself had an argument

She said she felt threatened but no one threatened her. I didn’t move and then she put an eviction notice on the door. She prepaid rent to use for legal costs. I did move but I don’t know what to say in court. Can someone please help me.

Leonard A Englander
Leonard A Englander answered on Apr 7, 2021

I will need a bit of clarification:

Is she filing suit against you for unpaid rent or breach of lease or something similar?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?

Also if I filed my case on January 25th and I issued a notice to quit/vacate... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 30, 2021

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
Read more »

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Roommate not on lease leaving without notice.

I stay in a 2 bedroom apartment with 2 flatmates in Maryland. K and N split a room between themselves and I stay in the smaller room. N and me are on the lease and K was supposed to be added. The request was made to the leasing company, K abruptly announced that she is leaving (without finding a... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 29, 2021

As to the roommate on the lease, you have some options. If she abandons the lease, you would have legal recourse to sue her for damages incurred (ie. her half of the rent).

As to the other one... that's a lot trickier, as she's not technically on the lease, which means you would...
Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My tenant stopped paying rent since jan 2021 and after 30 day vac notice serve to her, she started damaging my property.

I own a property in AA county, Md. my tenant stop paying rent started jan 2021. After serving her a 30 day notice to vacate property. in retaliation she started to damage my property. One time she blocked my mechanical room with items and created a fire hazard. A 14 day notice was issued to her to... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 29, 2021

It sounds to me like you might have a breach of lease situation on your hand. If you gave her the proper notice, the next step would be to file a breach of lease. I would contact an attorney before doing so, as the showing in an emergency breach of lease situation (ie. where you would make use of a... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I payed my first months rent and security deposit and have the receipt, but the landlord has not yet given me my lease.

she is now saying that she is not going to give the lease until I pay more money, but she was suppose to give me the lease when I payed the 5000. I am afraid to give her more money at this point because I still dont have lease and BGE cant prove that I live at the address without the lease. So... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 19, 2021

This sounds highly suspicious. Something is not adding up here and I would be very careful if I were you.... Contact a knowledgeable attorney ASAP.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I have an 18 month lease that will expire at the end of June 2021. My landlord has decided to sell. I live in Maryland

How much written notice must he give me? What if I can't find another place? Am I protected by Covid? I am not behind on my rent.

Leonard A Englander
Leonard A Englander answered on Mar 15, 2021

Generally speaking, the notice requirement is 30 days notice, effective rent due date. If your landlord wants to sell it, that's how much notice he will have to give (ie. May 2021). There is talk of a law prohibiting the giving of notice in MD for a while, but it's unclear whether that... Read more »

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: What should I do for my speeding ticket?

My car was recently totaled in an automotive accident. I received a speeding ticket a while back. Another car was speeding over 100MPH but the way my car looks (show car for car meets) I got singled out and pulled over. I requested a trial/hearing to contest the ticket and I received my... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 12, 2021

Yes, you should go to court. Failing to do so can get you into quite a bit of trouble (ie. a failure to appear, etc.). Once you request the hearing, you pretty much have to go. Also, dependong on your driving record and the nature of the infraction, you may be able to get a lighter outcome (ie.... Read more »

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