Salisbury, MD asked in Landlord - Tenant for Maryland

Q: Tenant has been gone 30+ days, now wants to come back. Roommate doesn't want them. They owe rent.

They are still on the lease. Do I have to let them back in? This tenant owes a lot of back rent, and has repeatedly lied.

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

A: Clearly not enough factual information to provide legal advice you can rely upon. For instance, what notices have you sent to the tenant(s) regarding their breach of payment of rent under the lease? Have you terminated the lease or given notice to vacate at any time? How long ago? What tenant names are on the lease? If you can show a tenant has already vacated and abandoned the premises, then I see no legal basis on which they can force their way back in, but it also sounds like there is a lease with multiple tenants on it and there is one tenant at least that has maintained continuous possession of the premises, so I see no basis to separate the one co-tenant from the other simply because they moved out temporarily while he other continued their possession and use of the premises under the existing lease. Seems to be a matter between the two tenants, not you, whether the wandering tenant comes back or not. They both appear to be behind in their rent, so you can take the legal actions any landlord takes in these situations: file a distress for rent action, or if the lease term is over, terminate the tenancy and give notice to vacate, then file for tenant holding over and for eviction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.