Q: Is there notice for no right of redemption?
I had some financial troubles and long story short, I have 3 eviction notices under my belt. I have paid them off before eviction but when I spoked to the leasing office last they told me they planned on filing for no right of redemption. How does this work? Will I get a notice with a date or will they just come in and kick me out? I'm looking for a new place but it would be nice to have a timeframe.
A: Generally speaking, the process for an eviction without the right of redemption is the same as any summary ejectment proceeding. Ten-days notice is required prior to filing the petition. Any appeal must be filed within ten days after the final hearing. Eviction is typically scheduled with the local sheriff or constable in the normal course of business. Different jurisdictions have different rules for giving notice to tenants for a scheduled eviction date. However, generally the rules remain the same with or without the right of redemption.
A: The right of redemption is simply a right the tenant has to pay the past rent due and owing at the time of the court hearing on the landlord's action for eviction during the term of an unexpired lease for unpaid rent, which results in the action for eviction being dismissed. In Maryland, a tenant has the right to redeem their leased premises only two times during the term of the lease. After twice being sued for eviction (not merely served notice of unpaid rent, but where the landlord has actually commenced eviction proceedings in court) and exercising the right to redeem, the tenant no longer has the absulute right to simply pay the rent and remain in the premises, and it is up to the landlord whether to accept the payment after a third eviction proceeding is filed and allow you to remain. However, the process still requires that you be served with legal suit papers, granting you the opportunity to respond and defend the action, and scheduling a court date where the judge decides the case. If after that hearing the judge grants the eviction, then the landlord must wait for the writ of possession to be issued and delvered to the Sheriff. That will take a few days or a week or more. The Sheriff then schedules a date for the eviction convenient to the landlord. You will not be given the date of this eviction. However, in Montgomery County where you posted this question, the Sheriff's practice is to post a written notice on your door that will state that you may be evicted at any time after 10 days following the date of the notice. In practice, this notice is generally posted a lot sooner than 10 days before the scheduled eviction date, due to the size of the county and number of evictions, as well as the limited number of depty sheriffs assigned to handle evictions. It can often be 1-1/2 to 2 months before the eviction can be scheduled following the court hearing, even though the 10 day Sheriff's notice gets posted on your door within 2 weeks. Every county is different, but in Montgomery County evictions are divided into three areas: upper (northern) county where you live, central county, and lower (southern) county. Central county evictions are only carried out on Wednesdays, so it won't happen on that day fo you. The other two areas are each assigned two of the remaining four weekdays (sorry, I do not recall which two weekdays are assigned for upper county). No evictions are carried out on weekends, holidays, or on any day where there is precipitation (rain, snow or sleet), so you're always safe on those days as well. There may be up to three evictions scheduled per day, starting around 10 a.m. (one per morning, up to two per afternoon). No evictions happen after 4 p.m. Based on the foregoing, you should have more than adequate time to figure out when to get out, and which days you should be sweating the "knock at the door" if you decide to stay and press your luck. In counties other than Montgomery, such as Frederick County, evictions can happen much more quickly (two weeks) and you may not receive any more notice that that which you receive from the court hearing.
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