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Questions Answered by Leonard A Englander
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... 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...
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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... View 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... View 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... View 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... View 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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3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Leonard A Englander
Leonard A Englander
answered on Mar 28, 2022

You can certainly try, but defamation/libel cases are notoriously difficult and hard to get judgments for.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am going to court on Friday to collect my judgement in a tenant case along w/damages post judgement. In Baltimore

Besides before and after pictures, a list of my charges, the lease, communication back and forth with the tenant, is there anything else I need to bring. In addition, since I won the eviction case do I need to have legal representation or will the judge just honor the judgement.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

You should bring any and all documents that support your claim. Often, that is a copy of the lease, a ledger, photos of any claimed damages, invoices/estimates of the damages and any other ancillary proof that you happen to have.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I had a ticket back in 2017 which I had a lawyer for.. I have not been driving due my health and it open with bench
Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

I agree with Counsel. Continuity of care is very useful in situations such as these. Your first stop should be your prior attorney, who should be able to get the bench warrant taken care of.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I got a ticket my very first time speeding instead of a citation. Should I try to fight it?

I’m a criminal justice graduate student and I do not want a speeding ticket to ruin my career.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

I agree with counsel. If everyone who got a speeding ticket got their career dinged, no one would have a career (including quite a few lawyers). It's a very minor offense, especially if it's your first one. Request a trial. You will most likely receive a probation before judgment. I... View More

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2 Answers | Asked in Consumer Law and Collections for Maryland on
Q: Midland funding filed a suit in 2019 and the summons was just issued. I am just now being served a summons.

My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... View More

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

I agree with Counsel. The Statute of Limitations simply means that the case must be filed within that time.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do you remove a tenant from your home in Oxon Hill Maryland

I have a Durable POA on my brother who recently allowed a woman to rent out his extra bedroom. The woman was to leave in December 2021 and now he cannot get her to vacate his residence.

Leonard A Englander
Leonard A Englander
answered on Mar 18, 2022

You and/or your brother will need to give her 60 days notice to vacate (make it effective the first of the month {ie April 1st, 2022}. If she doesn't leave, then you would have to file a tenant holding over action with the Courts.

Alternatively, if she hasn't paid rent and if you...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We received a court summons for failure to pay rent. We do not owe money and never missed a payment. What do we do?

The office already acknowledged this and signed off on it. We received another summons and I contacted the office and they again said we do not owe. We are confused.

Leonard A Englander
Leonard A Englander
answered on Mar 11, 2022

This happens fairly frequently actually, especially these days. Odds are good that it's from a Failure to Pay Rent that was filed quite a while ago which you have since paid.

I would reach out to the Landlord and get them to give you some written assurance that the case is going to be...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security Deposit wasn’t refunded after 45 days

I terminated my lease and did not receive list of charges for deposit within 45 days and after several requests. The landlord sent the charges(not itemized) and refuses to refund my deposit. I am in Maryland. Would it be worth it to go to court?

Leonard A Englander
Leonard A Englander
answered on Feb 14, 2022

Possibly. A lot would depend on the facts of the case. Certainly, if the damages claimed are real and are beyond ordinary wear and tear, I would hesitate to file. However, if you left the house in good condition and can prove it, then it becomes more viable. I would consult with a knowledgeable... View More

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