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Questions Answered by Leonard A Englander
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,...
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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... Read 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.... Read 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... Read 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...
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2 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...
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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.

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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... Read 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...
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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... Read 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...
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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.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How to remove person from home that refuses to leave because they were given me some money to stay?

No rental agreement because person was staying 2 mos; pandemic lasted 2 yrs - Notice to vacate given but refuses to leave.

Leonard A Englander
Leonard A Englander
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,...
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2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: If a person is on a apartment rental lease and is listed as just an occupant, do they have any financial responsibility
Leonard A Englander
Leonard A Englander
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 »

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Landlord refuses to return deposit

I have pictures of the poor state of some of the items she claims I damaged when I first moved in.

Leonard A Englander
Leonard A Englander
answered on Jun 12, 2022

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

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: In Maryland does TA-21-707(a) traffic violation driver failure to stop at stop sign cause MVA points

Was a ‘rolling stop’ according to officer

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

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

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended. I wanted to know if they could just come one day randomly and get me out or will I need to get a notice

I’m backed up on rent a bit and needed alittle more time to find a place

Leonard A Englander
Leonard A Englander
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 »

1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... Read more »

Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

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 »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice do I need to give a former tenant to remove personal items in Maryland?
Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

That would depend. Did you evict the tenant through the Courts? If yes, then you don't have any notice requirements. I would be wondering how it came to be that the Tenant left but their stuff is still there. I suggest contacting an attorney to discuss the particulars.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I filed a complaint with the county building inspector and my landlord served me a 90 day notice to vacate.

We signed our lease November 13, 2019 and have been on a year to year lease since. My landlord served us a notice to vacate by April 30th. I have four children, three in school and I need to know of what he is doing is legal?

Leonard A Englander
Leonard A Englander
answered on Mar 29, 2022

It depends. Based on what your describing, you might have grounds to claim retaliation. However, the Landlord might be able to counter and provide a reasonable alternative explanation. In short, you should contact an attorney, as retaliation defenses are tricky.

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