Frederick, MD asked in Landlord - Tenant for Maryland

Q: If a tenants lease has expired and is still living in the space what rights do they have?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: They are “tenants holding over” in the eyes of the law, and while they do not have legal “rights” to the premises, you cannot use self-help means to remove them. By law, you must file in landlord tenant court to evict. Only the Sheriff armed with a writ of possession can forcibly remove tenants/former tenants from a rental.

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