Q: Hello! landlord/tenant issue how do I get back possession of my house. quickest possible way?
house does not have Use & Occ permit but has city certified rental license. Final Plumbing/HVAC, Final Electrical, Lead Inspected. Tenant I yr lease expires end of month. paid 7 months. in default 5 months. Tenants went to court and got FTPR dismissed bcoz of U & O. I gave them30 day notice to vacate as lease will not be renewed. tenants claiming I had illegal dwelling and want me to refund the 7 months that was paid, their security deposit as well as moving in expenses = 17K. I understand I have 45 days (after they vacate) to contact tenants about their security deposit - so far I noted their water bill is almost 2.8K, the sun room clear glass windows are painted black and I have no access to inside of house to check for any interior damage. I believe tenants will not voluntarily vacate at the end of this month. How do I get back possession of my house quickly without giving in to their demands?
A: In a tenant holding over action (as opposed to FTPR), there is no requirement that the landlord be in compliance with all local licensing ordinances. There is Maryland case law that the lack of a rental license in and of itself is not a justification for a court to award a refund of paid rent- there also has to be a significant safety/health issue with the premises. Given that the tenants have shown a certain sophistication/familiarity with rent court, you might be well advised to hire an attorney.
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