Huntingtown, MD asked in Landlord - Tenant for Maryland

Q: I have tenant with a 2 yr lease. One section of lease said violations would be grounds to immediately terminate lease.

A violation against lease w/ storage of flammable liquids took place in August, 2019. Can I terminate them now in May, 2020?

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1 Lawyer Answer

A: In cases like this, where a violation of a rule or prohibited conduct unrelated to payment of rent is the basis for the termination, a court will evaluate the violation in terms of whether the breach is a "substantial" breach sufficient to allow the ultimate penalty of terminating the tenancy. If the breach is deemed not to be substantial, but you will not prevail. Repeated violation of a specific prohibited activity after notice to desist may rise cause a non-substantial breach to rise to the level of substantial. It is hard to say what the result would be if your grounds for termination were to be contested. That depends on the facts. A 3 oz. can of Zippo lighter fluid is a flammable liquid, as is a quart can of paint thinner used to clean paint brushes, but no judge would terminate a lease based on the storage and possession of such a common and small quantity of household products. They may violate your lease term, but they do not qualify as a substantial breach of lease. Storing 50 gallons of gasoline certainly may qualify, but even then you should have a written notice and demand to the tenant to remove, cease and desist storage by a certain date, before filing your action. Regardless, until the courts reopen and the moratorium on evictions is lifted, you will be unable to obtain a court order to enforce a writ of possession, but you can start the process of notice to terminate, then file your action in court.

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