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Questions Answered by Leonard A Englander
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

1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander
answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
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1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander
answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... View More

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... View 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.),... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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?

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