Q: I want to evict my tenant cuz she hasn't paid rent in 4months. The courts won't intervene cuz i have no Renter's license
This tenant has been troublesome from the start. I charge different rates for couples and singles. She said she is by herself but her bf practically lives here and they refuse to pay the couple price. They get into huge arguments and destroy my property. She hasn't paid rent in 4months. I have given her an eviction notice which she has ignored because the due date has come and gone and she's still here. I set up a court date but the judge threw out my case because i don't have a renter's license and they say they can't intervene cuz i am running an "illegal business". I have tried locking her out a few times and she just calls the cops and they make me let her back in. The courts won't intervene, she has refused to pay rent and won't leave. What am i supposed to do? Am i supposed to just let her live in my house for forever for free? I need help please.
A:
You are filing your legal action incorrectly. You cannot use the landlord-tenant forms or seek to enforce the landlord-tenant laws or the terms of the lease, because the lease is not legally valid as a result of your not being licensed.
What you must do is file a complaint for unlawful detainer, the form for which is here:
https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv089.pdf
When suing for unlawful detainer, you are not seeking monetary damages under a lease (you cannot ask for back rent, etc.). You are simply and solely asking for possession of your property, and removal of a person who has no legal right to be in the property. Do not call the unlawful person in possession of your property a "tenant" since she has successfully established that she does not have a valid lease establishing a legal tenancy. Therefore, she has no legally enforceable right to be in possession of the premises. You are the titled owner. Bring a copy of your property deed which shows you to be the owner. You are not asking he court to enforce the terms of a lease, since there is no lease. You are asking the court to restore possession of your property to you, from a person who is illegally possessing it. She is not entitled to use the lack of a rental license as both a shield to avoid enforcement of an illegal lease, and at the same time as a sword to illegally occupy property to which she has no legal right or interest.
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