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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law, Internet Law and Landlord - Tenant for Maryland on
Q: Can I take legal action against HABC.org (Housing Attorney of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program with HABC (Housing Authority of Baltimore City). I begin working with the... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Take them to small claims court and good luck. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord charge me for rent for a lease that isn’t renewed?
Leonard A Englander
Leonard A Englander
answered on Apr 17, 2023

If the lease isn't renewed, it will generally divert directly into a month-to-month lease. Provided your landlord is properly licensed and you are still living in the property, then yes, the Landlord can charge you rent.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter has an issue with rodents in her apartment. After 3 wks of run around she gave 30 day now they want 60!!

We have tried to be patient with the scheduling but many times they do not show up or its a week later. My daughter hears the rodents in her kitchen nightly! She decided to give her 30 day notice and move. The manager states she has to give 60 days notice therefore locking here into an... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 17, 2023

Generally speaking the right to get out of a lease is set by the lease.

That said, Maryland offers a procedure called "rent escrow" when a landlord refuses to repair serious issues. Although the landlord may not voluntarily let a tenant out of a lease early, if the conditions...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, my tenant is asking me to hang a large mirror that was left inside of the property. I would rather remove it due

to not wanting to be liable if something were to happen. However, they really want the mirror to be hung. How can i go about this so that i am not liable?

Mark Oakley
Mark Oakley
answered on Mar 31, 2023

If you own the mirror, or because it was abandoned by the prior tenant you may claim ownership, then it's yours to do as you please: retrieve and dispose of it, sell it, or give it away. If you give it to your new tenant, then you should make clear you are giving ownership of it to them, and... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long does my property management company have to submit documents per MD. Code, Real Property § 8-212.4?

The documents were never provided at the beginning of the lease. I requested the documents in a written letter on 3 March 2023. I still have not received the documents. I advised in the letter that I would pay my utilities once the documents were received. Another bill is now forthcoming. I intend... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 10, 2023

The code section you reference applies to ratio billing systems (in other words utilities that are not separately metered but instead allocated amongst tenants by the landlord). According to the code, certain information about same must be provided to prospective tenants before a lease starts.... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do I know if my continuance was approved?

I filed a motion for continuance 3 days before my court date at the clerks office. They took it and gave me a copy but I’m not sure what the next steps are and my original court date is tomorrow.

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

Unless you confirm with the court beforehand that the court date has been cancelled and postponed, you should assume that the case has not been continued. Failure to appear could result in a default against you. By rule, a motion requesting any elief must be served on the opposing party, and... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Daniel Staeven
Daniel Staeven
answered on Mar 17, 2023

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I be evicted without going to court?

I rented from someone who said that I could move in quickly but I had to clean dwelling and since basement was flooded I had to do that too. My rent was discounted with utilities included for just $650 monthly. I needed a place quickly for me and my 2 teenage sons. Mail was still being delivered... View More

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

You list DC as where you are asking the question, but you posted this on the Maryland forum. My answer will apply to both, except licensing of rental properties are different as well as the eviction court procedures, in each jurisdiction. It sounds as though your "landlord" does not own... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: My hot water is not working in my rental since 2/28/23. Informed management company on 3/1/23. Plumber came to premise

on 3/1/23. Ordered part. On 3/6/23, part not in and still not hot water. We are up to date in rent. Is there a recourse?

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2023

While it is well worth your money to have the lease reviewed and check the local ordinances on landlord & tenant relations in your county, as a general matter, the landlord covenants a safe and habitable residence, and hot water is a part of that. You call the landlord -- preferably after a... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Can I sue my leasing office (maryland) for waiting over 4 hours for a clogged toilet?

I waited for hours and the lady from the maintenance kept hanging up on me when I called for updates.

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

First off, let me quote my late, old professor of Business Law back at Penn. "Of course, they can sue. Any idiot can sue. All it takes is a pen, paper, and the filing fee … and on occasion a crayon is substituted for the pen. The question you are trying to ask is whether you can win."... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: if a person is evicted from a property can they return with out the property owners permission
Mark Oakley
Mark Oakley
answered on Feb 23, 2023

If they were evicted by court process, with service of a writ of possession by the Sheriff, then their return is trespassing, and you should file criminal charges (assuming you are the landlord with the writ of possession issued to you after prevailing in the eviction action). Ordinarily, upon... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a tenant and signed a lease with a married couple, lease is signed by both the husband and wife jointly. SDAT shows

they are both on the deed 50/50 ownership. They are getting divorced and the husband is claiming he is managing partner and has the right to terminate the lease without her consent. The divorce will not be finalized for 5 mo. She does not wish to terminate lease opposes his actions. What are my... View More

Leonard A Englander
Leonard A Englander
answered on Feb 19, 2023

I would need more information to answer this fully.

You mentioned that there is a automatic renewal clause in the lease that you initialed. Did that automatic renewal clause state that the lease would be renewed automatically for an additional year unless either party takes an action?...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I break my lease due to anxiety and depression??

My bedroom ceiling began caving in one night while I was asleep in bed. The proper management company did come and replace the entire ceiling in my bedroom however I haven’t slept in my bed due to the constant fear of it caving in. This has caused me sleep deprivation, which is worsening my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... View More

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease because my apartment is affected with mice and snake?Are Indoor Dryer Vents Legal in Maryland?

I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

Maryland law offers "rent escrow" as an option for a tenant living in a place that has serious health or safety violations. The tenant can seek different options, from having the landlord fix the problem, to asking the court to reduce rent or break the lease. It is up to the court to... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: my store is month to month lease. I have deliqunce cus Pendemic. I am on payment plan but they start charging penaly

landloard start to charge penalty after I complaint about smoking from next new store. They did not any action for this. Now send me termination notice.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My commercial landlord is trying to collect back trash payment from 2011-2015. Am I responsible to pay it?
Mark Oakley
Mark Oakley
answered on Dec 16, 2022

Need to read the commercial lease and ascertain whether the statute of limitations was extended beyond the default 3 years normally applicable to claims of this nature. However, most commercial leases are under seal, meaning you signed the lease with the word “seal” printed next to the... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

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