Q: Tenant is month to month and we are selling our house. We sent certified letter to vacate.
Letter states to vacate in 30 days. Is she covered by cares act or does she have to leave in 30 days? We are not going through the court because they are not hearing on evictions until July. What rights do we have as landlords?
A:
At the moment, there is no law in effect that would stop you from giving 30 days notice. CARES coverage expired a while back for these types of cases. You will likely have no choice but to go through the Courts. Unfortunately, that is the only legal way to get rid of a tenant who refuses to leave.
Best,
-Leonard
A: The Cares Act does not apply in this scenario, because you have a tenant holding over issue and not a failure to pay rent issue. Your tenant no longer has a valid lease or legal right to occupy the premises. The Maryland court moratorium on evictions is limited to lawful tenants, and a tenant holding over has no lawful authority to remain. That said, Tenant Holding Over actions may be filed but will proceed to a hearing only if there is an "emergency." I am unsure whether your inability to sell your property would meet the "emergency" definition, but that may depend on your particular circumstances. You certainly may lose your buyer if you cannot transfer title to the property free and clear of the occupants. However, perhaps a strongly worded letter to the tenant from a lawyer explaining that hey are not protected by the CARES Act or the eviction moratorium would cause them to reconsider their position.
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