Vienna, VA asked in Landlord - Tenant for Maryland

Q: How to remove person from home that refuses to leave because they were given me some money to stay?

No rental agreement because person was staying 2 mos; pandemic lasted 2 yrs - Notice to vacate given but refuses to leave.

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1 Lawyer Answer
Leonard A Englander
Leonard A Englander
  • Landlord Tenant Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: Assuming this is in the state of MD, you are dealing with a holdover situation. A written lease agreement isn't required for a rental agreement, it's just a good idea. If you were accepting money from this person in exchange for a place to stay, the person becomes a Tenant.

In MD, you generally have to give 60 days written notice to the Tenant to vacate. However, some of the counties (ie. Baltimore City and Montgomery) have more strict rules in place.

After you give the 60 day notice, you then would need to file a Tenant Holding Over action. Once you win that, you would file a Warrant of Restitution and then arrange the actual eviction.

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