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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended. I wanted to know if they could just come one day randomly and get me out or will I need to get a notice

I’m backed up on rent a bit and needed alittle more time to find a place

Leonard A Englander
Leonard A Englander
answered on May 16, 2022

You are on a month-to-month lease as of this time (automatically reverts to month-to-month if not renewed). So, the Landlord (LL) is free to give you notice. However, it's illegal to simply boot your stuff to the curb (not that it doesn't happen, just that it's relatively rare... Read more »

0 Answers | Asked in Landlord - Tenant for Maryland on
Q: I need help regarding tenant death

My dad passed in 2011 and I always wondered who got his belongings after his death. I reached out to his sister because I would love to have his things like clothes, etc. and she told me his landlord cleared his apartment before family got there. What can I do about this?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice do I need to give a former tenant to remove personal items in Maryland?
Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

That would depend. Did you evict the tenant through the Courts? If yes, then you don't have any notice requirements. I would be wondering how it came to be that the Tenant left but their stuff is still there. I suggest contacting an attorney to discuss the particulars.

1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... Read more »

Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hi, The realtor wants to stage my rental moving my things. He said they would be here 6 hours.

I understand showings are in the lease however I don’t see staging, I’m uncomfortable having my belongings moved. I’m afraid he will retaliate if I say no. He’s a salesman after all and his interest is the owner not inconveniencing me. He’s coming today to look at the rental. Oh, the... Read more »

Mark Oakley
Mark Oakley
answered on Apr 1, 2022

He has no right to move your furniture around to stage a showing.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I filed a complaint with the county building inspector and my landlord served me a 90 day notice to vacate.

We signed our lease November 13, 2019 and have been on a year to year lease since. My landlord served us a notice to vacate by April 30th. I have four children, three in school and I need to know of what he is doing is legal?

Leonard A Englander
Leonard A Englander
answered on Mar 29, 2022

It depends. Based on what your describing, you might have grounds to claim retaliation. However, the Landlord might be able to counter and provide a reasonable alternative explanation. In short, you should contact an attorney, as retaliation defenses are tricky.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can I be evicted from my commercial space without a lease in place? How much time am I entitled to have to move out?

I own a salon and never had a written lease and the building has been sold and the new owner and I can't agree on terms for a lease and he told me I need to move out by Sunday March 27, 2022. What are my legal rights and how much time do I have to move out?

Mark Oakley
Mark Oakley
answered on Mar 25, 2022

You have few protections in a commercial lease dispute--it is not like residential landlord-tenant law. You admit you have no lease, so I assume you had some sort or oral lease arrangement with the previous owner of the building. The argument would be you were on a month-t0-month lease of your... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am going to court on Friday to collect my judgement in a tenant case along w/damages post judgement. In Baltimore

Besides before and after pictures, a list of my charges, the lease, communication back and forth with the tenant, is there anything else I need to bring. In addition, since I won the eviction case do I need to have legal representation or will the judge just honor the judgement.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

You should bring any and all documents that support your claim. Often, that is a copy of the lease, a ledger, photos of any claimed damages, invoices/estimates of the damages and any other ancillary proof that you happen to have.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do you remove a tenant from your home in Oxon Hill Maryland

I have a Durable POA on my brother who recently allowed a woman to rent out his extra bedroom. The woman was to leave in December 2021 and now he cannot get her to vacate his residence.

Leonard A Englander
Leonard A Englander
answered on Mar 18, 2022

You and/or your brother will need to give her 60 days notice to vacate (make it effective the first of the month {ie April 1st, 2022}. If she doesn't leave, then you would have to file a tenant holding over action with the Courts.

Alternatively, if she hasn't paid rent and if you...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We received a court summons for failure to pay rent. We do not owe money and never missed a payment. What do we do?

The office already acknowledged this and signed off on it. We received another summons and I contacted the office and they again said we do not owe. We are confused.

Leonard A Englander
Leonard A Englander
answered on Mar 11, 2022

This happens fairly frequently actually, especially these days. Odds are good that it's from a Failure to Pay Rent that was filed quite a while ago which you have since paid.

I would reach out to the Landlord and get them to give you some written assurance that the case is going to be...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security Deposit wasn’t refunded after 45 days

I terminated my lease and did not receive list of charges for deposit within 45 days and after several requests. The landlord sent the charges(not itemized) and refuses to refund my deposit. I am in Maryland. Would it be worth it to go to court?

Leonard A Englander
Leonard A Englander
answered on Feb 14, 2022

Possibly. A lot would depend on the facts of the case. Certainly, if the damages claimed are real and are beyond ordinary wear and tear, I would hesitate to file. However, if you left the house in good condition and can prove it, then it becomes more viable. I would consult with a knowledgeable... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... Read more »

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1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander
answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley
answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a MD residential rental lease be amended to be terminated on the death of a landlord?
Mark Oakley
Mark Oakley
answered on Dec 13, 2021

By agreement of all parties to the lease, yes. Unilaterally by only one party or their successor in interest, no.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My mobile home park is requiring to remove my summer tires which I store under my deck for the winter and tool boxes.

Is this legal as we own the trailer but rent the lot?

Mark Oakley
Mark Oakley
answered on Dec 11, 2021

Read the lease terms on the lot rental contract, the mobile home park rules and regulations that are posted and made part of that contract, and see what is and what is not covered under those terms that you signed. These things are generally a contract issue.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Behind on my rent due to covid. I received $18000 aid to pay my back rent. I have now been issued a notice to quit. he

My office has still not opened so I am not able to work. DHHS paid $18000 in back rent. I have now received a notice to quit. I was not able to renew my lease in August 2020 because of COVID and not working and I am month to month. Is there anyway to stop the notice to quit without paying the full... Read more »

Shaneka Johnson
PREMIUM
Shaneka Johnson
answered on Dec 3, 2021

This all depends on the terms of the agreement your Landlord made with DHHS in exchange for accepting the emergency rental assistance funds. Much of the pandemic rental assistance required landlord to sign an agreement to not move forward with eviction for a certain period of time following their... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Must I allow the county government to inspect my rental unit for cleanliness? This was not my landlord but the county.

I am not a tidy housekeeper- but I don’t have any insects or anything like that - just unpacked boxes and bags of clothes. My building recently installed new fire alarms and thus, I had to let engineers in, they saw the clutter - today the county knocked and asked to come in and inspect- I would... Read more »

Mark Oakley
Mark Oakley
answered on Nov 5, 2021

Clutter, especially stacks and piles of paper, cardboard and the like, is deemed a fire hazard, especially in an apartment building since so many other residents could be affected by it in a fire. The hazard is that paper burns fast and hot and dense stacks of it accelerates the spread and... Read more »

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