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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a commercial lease client who says they've installed footing in our arena. Now they want to take it. Can they?

When our client moved in, we had footing. Our footing was replaced and our agreement was that we would retain the new footing after they left. Now they've hired an attorney who is saying they're going to take the footing and leave nothing. Shouldn't our footing be a fixture that... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 30, 2022

Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

Richard Sternberg
Richard Sternberg
answered on Nov 21, 2022

It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... Read more »

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0 Answers | Asked in Gov & Administrative Law, Landlord - Tenant and Municipal Law for Maryland on
Q: Does a lease or property right supersede the law? Apartment complex issue.

I live in an apartment complex. My car was towed overnight, with no prior warning or notice, for parking in a reserved spot. My apartment complex says they didn't authorize the tow, as it took place after office hours - that it was likely the resident who rents the parking space. Is this... Read more »

2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2022

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: If I'm given 60 days to move out, do I have to move on day 60, or if I leave before, do I have to pay till day 60?

In Maryland, harford county. 60 day notice would be because they have a contract on the house, or claim to.

Daniel Staeven
Daniel Staeven
answered on Oct 27, 2022

According to the notice law in your jurisdiction, you must be out of the property by the end of the 60th day. Additionally, you must pay rent through the 60th day. If you do not leave, you can be sued for unlawful detainer and eventually be kicked out forcibly by the County Sheriff. It is suggested... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a 2 year lease and the owner wants to sell. Do I have 60 days from when they say or from the sale?

The house is in harford county Maryland and this is in my lease:

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises have been sold."

Mark Oakley
Mark Oakley
answered on Oct 10, 2022

It seems to me they cannot give the notice until after they have a signed contract of sale (signed by both them and the buyer). The date of the sales contract is the date the property sold, even though closing is at a later date. They are then required to give you written notice, and you would... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Does "No trucks in excess of two (2) tons" mean a truck that weighs 2 tons or a truck with a load capacity of 2 tons?

The full clause (from an HOA CC&Rs) says "No trucks in excess of two (2) tons, buses, tractors, trailers, or the like, or any vehicle used for commercial purposes and displaying commercial lettering or signs, may be parked on any Lot or any street, except with the approval of the Board of... Read more »

Mark Oakley
Mark Oakley
answered on Oct 9, 2022

I would argue that the term "two (2) tons" refers to the classification of the truck and not its actual weight or load capacity, because nearly all pickups and many passenger cars exceed 2 tons in total weight. Open the driver's door to your vehicle, and look at the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a two year lease and the landlord contacted me saying she wants to sell the house.

They are asking I be avail to let realtors in and have pointed out the following sentence in my lease

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises... Read more »

Kim D Parker
Kim D Parker
answered on Oct 9, 2022

In Baltimore City, tenants have what's called the first right of refusal, meaning, your landlord must offer to sell the home to your first prior to listing the property for sale. Otherwise, the 60-day notice is appropriate and lawful in Maryland.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I miss my land lord tenant court date can I appleal it
Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

Generally, the answer is yes, but such an appeal needs to be filed within 4 days for a failure to pay rent case and 10 days for other matters, such as a breach of lease, tenant holding over action, etc.

Additionally, often the Court will set an appeal bond to prevent frivolous appeals,...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What does this mean?

IfanyprovisionofthisLeaseorapplicationthereoftoanypersonorcircumstanceisheldinvalid,thatinvalidityshallnot affect other provisions or applications of this Lease which can be given effect without the invalid provision or application; and to this end, the provisions of this Lease are declared to be... Read more »

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It's a bit jumbled together, but it's what known as a "severability clause". Essentially, if any aspect of the contract is found to contravene MD law (for instance, interest set at 10% in a rent case, etc.), the rest of the contract will continue to function regardless.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice is a landlord have to give a tenant to evict, without a lease & rents month to month in Maryland?

Washington County, Maryland

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It is generally 60 days. However, some of the counties have stricter rules.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: About 90 days ago I moved out of my apartment. I have yet to receive my security deposit back?

I shared a lease. We paid security deposit separately. The unit was cleaned and all property was removed and all keys returned. They haven’t responded to any of my attempts to find out what’s going on with my security deposit. The rental office has a high turnover rate and I can never reach... Read more »

Leonard A Englander
Leonard A Englander
answered on Sep 17, 2022

Generally speaking, the Landlord has 45 days once you vacate the premises to either return the security deposit or send a letter outlining why it is being withheld.

Did you do a walkthrough confirming the condition of the property? Also, you mentioned that there was a roommate. Has the...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I rent a home from my mother while I was in the hospital for almost 2 months she had a cleaning crew come into my area o

Of the home and throw out almost all of my items. Example TVs, cooking items, silverware, family heirlooms, clothes. I was wondering if she had the right to throw these items away or any items of my without my permission

Leonard A Englander
Leonard A Englander
answered on Sep 3, 2022

The short answer is: no.

If you had some sort of rental agreement with your mother (ie. you paid money to live there), then she does not have the right to get rid of your stuff. I would consult with a lawyer though, as there are a couple of things that would need to be clarified.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am trying to break my year rental lease in Maryland because I’m not happy with my roommates, the landlord’s children.

I’m leasing from a couple who own a townhouse that their daughters are living in. The daughters and sisters are not on speaking terms and I feel very uncomfortable in the house. I’m looking for options on how to break the lease and they did say that they would be willing to end it if they found... Read more »

Leonard A Englander
Leonard A Englander
answered on Aug 31, 2022

Unfortunately, nothing your describing would give you cause to break your lease. You will have to negotiate with the Landlord and see what accommodations can be reached.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What does KEYPOINTS 304-311 RECALLED 325-351mean?

It is a comment on a TNHO case the court date was 8/25/2022 were a possession judgement was entered in favor of the plaintiff. There was a stay of execution until 9/25/2022 as well. But I don’t know what that key point recalled means?

Scott Scherr
Scott Scherr
answered on Aug 30, 2022

A keypoint refers to a place on the recording where the trial begins. You would need to contact the Clerk's office to see what it means when it says "keypoint recalled." Unfortunately, there is no way to know from the entry.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have mold and have acquired health issues from the exposure. It was over a month before the mold was addressed.

How can my landlord be accountable? In Frederick, Maryland

Shaneka Johnson
PREMIUM
Shaneka Johnson
answered on Aug 23, 2022

Mold can be tricky. You may be able to sustain a case based on negligence and breach of contract, if you have a mold test (indoor air quality & core sample test) that shows elevated mold levels in the home and can prove the mold caused you physical harm and/or property damage.

This...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hi. what should I do for a tenant holding over?

I gave one month notice to a tenant in January and he is still not leaving and he has not been paying the rent since then

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

Is this tenancy taking place in MD? I only ask because there seems to be some indication that it might be from DC.

If MD, then you should know that MD law changed in October 2021. From that point on, if you wish to make a tenant leave due to a holdover, you have to give 60 days notice to...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am being harassed by my landlord. Its been for about 2 months. What do I do?

I live in howard county Maryland

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

In which ways are you being harassed? There are quite a few things the landlord can do that would be considered extremely annoying, but would legally be nonactionable.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can the landlord charge the full amount of carpet replacement if we lived there for 15 months?

When we first moved in, the carpet was old but acceptable. During this 15 months, normal stains were presented when we returned the property. The realtor replaced the whole carpet and deducted the full amount from our deposit arguing that we stained the “fine” carpet. I can guarantee that the... Read more »

Leonard A Englander
Leonard A Englander
answered on Aug 10, 2022

This type of situation is governed by Maryland real property article 8-203.

It specifies that the landlord can withhold the security deposit for damages that are above ordinary wear and tear.

You certainly could make the argument that you did not cause those damages, that the...
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