Ellicott City, MD asked in Real Estate Law for Maryland

Q: halfway in our 12 month lease & paying on time. LL needs to kick us out in less than month no fault of our own.

I guess the LL has been using the address of her home for her kids school district. The school found out they are no longer living here and they must move back in or face the kids being kicked out of the school. LL said we need to be out by the end of the month.

What rights do we have in Maryland?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: Remember Nancy Reagan? Well, the DARE stuff was just nonsense, but the slogan is cool. Just say no.

Self-help in Maryland is illegal. It is the tort of Wrongful Eviction. In addition to any compensatory damages, a jury will decide how much the punitive damages will be. If your landlord takes any actions to evict you without a court order, a jury will decide how much the damages are. In most cities where a substantial number of jurors are tenants, the award will be substantial, and finding a litigator to take the case on a contingency fee knowing there is a house to secure the collections will be a snap. Many localities have clinics that provide free or reduced fee counsel for tenants. She can’t get you out unless you leave voluntarily due to her bluff.

If she files a Complaint for Possession and you have a signed lease and have paid the rent and have not violated the lease, the Complaint will be dismissed. Landlord has the burden, so if there is no lease or she cannot prove the violation and her notices giving you a chance to cure the violations, she loses.

Tell her to get lost or you will send copies of the lease to the school board to expedite their decisions.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: You have the right to enforce your own lease, if you are current in all your own obligations. Does the lease permit such quick notice? A lawyer near you must review the document before you have good advice to rely upon.

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