Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leonard A Englander
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can the court kick me out because I've been filed on for eviction more than once?

I'm in Ellicott City, MD. I had financial trouble and was filed on for eviction a few times. But I always paid my balance before eviction happened. Now they're saying the court can and will kick me out without notice because I've been filed on several times even though everything is... View More

Leonard A Englander
Leonard A Englander
answered on Jul 13, 2023

That would depend. If this is a failure to pay rent situation and your Landlord has gotten 3 judgments against you in the last 12 months, then the Landlord can request that the right of redemption be extinguished, at which point, yes, it wouldn't matter if you paid the outstanding amounts. Has... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a tenant and signed a lease with a married couple, lease is signed by both the husband and wife jointly. SDAT shows

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... View More

Leonard A Englander
Leonard A Englander
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?...
View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: my lease expired April of 2023 and my landlord failed to give me a new lease to sign, do I technically owe 60 day notice

I signed a lease for one year with an end date of April 2023 and have been told the price have increased for my new lease starting may 2023. I have waited 6 months for a new lease and I am now trying to move and is being told I need to give a 60 day notice. I have not signed a new lease to have to... View More

Leonard A Englander
Leonard A Englander
answered on Oct 30, 2023

A lot will depend on what type of notice requirement your prior lease imposed. If, for instance, it requires 60 days notice to terminate by the Tenant as well, then yes, you would have to give 60 days notice.

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We are in a month to month tenancy in the state of Maryland. Landlord has given us 30 days but I think law says 60
Leonard A Englander
Leonard A Englander
answered on Jun 15, 2023

Generally speaking, yes, the Landlord must give 60 days written notice.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can my tenants not pay rent if they are awaiting their washing machine to be fixed?

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... View More

Leonard A Englander
Leonard A Englander
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.

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord charge me for rent for a lease that isn’t renewed?
Leonard A Englander
Leonard A Englander
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.

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

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... View More

Leonard A Englander
Leonard A Englander
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.)

2 Answers | Asked in Collections for Maryland on
Q: Hi currently my wages are being garnished. What can I do to have the payments lessened?

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?

Leonard A Englander
Leonard A Englander
answered on Dec 30, 2022

You can file a motion to reduce the garnishment.

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I miss my land lord tenant court date can I appleal it
Leonard A Englander
Leonard A Englander
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,...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What does this mean?

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... View More

Leonard A Englander
Leonard A Englander
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.... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice is a landlord have to give a tenant to evict, without a lease & rents month to month in Maryland?

Washington County, Maryland

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: About 90 days ago I moved out of my apartment. I have yet to receive my security deposit back?

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... View More

Leonard A Englander
Leonard A Englander
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...
View More

3 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Leonard A Englander
Leonard A Englander
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...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I rent a home from my mother while I was in the hospital for almost 2 months she had a cleaning crew come into my area o

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

Leonard A Englander
Leonard A Englander
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.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If the police officer does not show or the state does not provide a witness since the police officer did not witness

Did not witness the accident or me traveling in the vehicle at all. Can I ask the judge to dismiss

Leonard A Englander
Leonard A Englander
answered on Sep 1, 2022

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

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am trying to break my year rental lease in Maryland because I’m not happy with my roommates, the landlord’s children.

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... View More

Leonard A Englander
Leonard A Englander
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.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hi. what should I do for a tenant holding over?

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

Leonard A Englander
Leonard A Englander
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...
View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am being harassed by my landlord. Its been for about 2 months. What do I do?

I live in howard county Maryland

Leonard A Englander
Leonard A Englander
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.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can the landlord charge the full amount of carpet replacement if we lived there for 15 months?

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... View More

Leonard A Englander
Leonard A Englander
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...
View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I evict this person without a lease? She is staying in a room in my home.
Leonard A Englander
Leonard A Englander
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.

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.