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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Good morning If the landlord doesn’t have a renters license what legal action can I take or what rights do I have

Landlord is asking me to vacate property by February 29, 2024

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Rental license laws are local to the county (or City of Baltimore) where you live, and vary from jurisdiction to jurisdiction. Without knowing your location it is difficult to be clear on what laws apply. Also, the type of rental unit matters. Renting a room in someone’s house with a common... View More

1 Answer | Asked in Real Estate Law, Environmental and Landlord - Tenant for Maryland on
Q: I was just cited From Prince George DPIE for infractions and have 2 fine for a total of $600 but was never sent a notice

I would like to know if they had to have sent a correction notice. How can I get proof of what they saw or they think was the infractions and if what they listed as infractions are infractions or are ok.

T. Augustus Claus
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answered on Jan 18, 2024

If you have received citations from Prince George's DPIE (Department of Permitting, Inspections, and Enforcement) for infractions related to your property, it is crucial to review the local regulations and follow the proper procedures. Typically, jurisdictions have specific protocols for... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Maryland on
Q: Seeking best course of action in attempting to leave lease where signed with roommate.Desire to leave before end of term

I am in a lease agreement where both my roommate and I have signed the lease. Living with roommate has been affecting my mental health, so I want to leave before the end of the lease term. I informed my roommate and gave her a timeline asking if it would work for her she said yes but has stated she... View More

T. Augustus Claus
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answered on Dec 8, 2023

Consider the following potential courses of action in this situation:

Negotiate with your roommate: Communicate the impact on your mental health and express your desire to leave the lease. Offer assistance in finding a new roommate and suggest a financial incentive to encourage cooperation....
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Eviction hearing Monday. Defendant died. What should love ones do? Time to empty house?

My dad has an Eviction hearing on Monday. He died this week before hearing? He was the only person on lease. What should we do? Notify the landlord?court? Do we have time to try to get his affairs in order?

Mark Oakley
Mark Oakley
answered on Nov 14, 2023

If you want his personal belongings from the premises, and you do not have access to the apartment, then you will need to open an estate for your father and have Letters of Administration issued to somebody acting as Personal Representative (PR) of his estate. If he had a will, he would have... View More

3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

Martha Warriner Jarrett
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answered on Nov 3, 2023

TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's... View More

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3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

James L. Arrasmith
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answered on Nov 4, 2023

Upon filing for Chapter 7 bankruptcy, the automatic stay that goes into effect can halt an eviction proceeding temporarily. To inform the District Court, you typically need to file a notice of the bankruptcy case, which includes your case number and the relevant information showing the stay is in... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2023

Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

James L. Arrasmith
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answered on Nov 4, 2023

Upon filing for Chapter 7 bankruptcy, the automatic stay is immediately in effect. To notify the District Court of your bankruptcy filing and invoke the automatic stay for your eviction hearing, file a notice of the bankruptcy case with the District Court where the eviction action is pending. This... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My apartment is not providing adequate pest control and after 6 months the issue is unmanageable. What can I do?

We were assured that the unit had no pest issues when we moved in 7 months ago.

Shaneka Johnson
Shaneka Johnson
answered on Jul 23, 2023

Generally speaking, any dangerous defect can be grounds for opening a rent escrow case. Rent escrows allow tenants to pay their rent to the court until the landlord fixes the problem. When the dangerous defect is an infestation tenants must show that at least one other unit is experiencing the same... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
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... View More

Mark Oakley
Mark Oakley
answered on Jul 18, 2023

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... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
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... View More

Shaneka Johnson
Shaneka Johnson
answered on Jul 16, 2023

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... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can the court kick me out because I've been filed on for eviction more than once?

I'm in Ellicott City, MD. I had financial trouble and was filed on for eviction a few times. But I always paid my balance before eviction happened. Now they're saying the court can and will kick me out without notice because I've been filed on several times even though everything is... View More

Leonard A Englander
Leonard A Englander
answered on Jul 13, 2023

That would depend. If this is a failure to pay rent situation and your Landlord has gotten 3 judgments against you in the last 12 months, then the Landlord can request that the right of redemption be extinguished, at which point, yes, it wouldn't matter if you paid the outstanding amounts. Has... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: Can a landlord remove Commercial Tenant's Personal Property in Maryland for in paid rent without court permission?
Mark Oakley
Mark Oakley
answered on Jul 4, 2023

They need a judment of possession, which in commercial landlord-tenant cases can happen quickly--but they still need to file a court action to get it. Once they have judgment of possession, they can enter immediately upon issuance of the writ of possession and lock the premises and hold the... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning, Landlord - Tenant and Municipal Law for Maryland on
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?

My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually... View More

Shaneka Johnson
Shaneka Johnson
answered on Jun 22, 2023

Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can my tenants not pay rent if they are awaiting their washing machine to be fixed?

My tenant's washer broke in April. I immediately contacted my Home warranty program (AHS) and had a service technician come out. He said it would take 4 weeks for parts. He never contacted me back or returned my calls. I had to have a 2ns vendor come out and then they said it was a big job... View More

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

They can't withhold full monthly rent for this type of breach of lease on your part, which it likely is, because the unit is not uninhabitable or made dangerous due to some unhealthy condition (in that scenario, they could petition to open a rent escrow and pay their rent into court and the... View More

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1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority 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. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

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: 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: 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 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

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