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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter lives in off campus housing at college that requires roommate agreement for a pet and sneak it in.

My daughter went and bought a dog after receiving the okay from the roommates but one of the roommates turned her in. She paid the fine and the pet fee but also has to have roommates sign an agreement with the apartment complex. The roommate that turned her in refuses to sign. My daughter has the... Read more »

Shaneka Johnson
Shaneka Johnson answered on Sep 13, 2021

Does your daughter have a handicap/disability that the dog provides assistive support for?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I need help our landlord from our apartment is trying to say we cannot renew our lease after 6 years here no official

notice. never late on our rent. and we have to be out by September 23rd with no where to go yet, is this legal?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2021

So, the answer is yes and no. All Landlord's generally have a right to not renew leases and to retake possession at the end of a lease term, with a few exceptions.

That being said, the Landlord does have to follow some set rules. Specifically, the Landlord is required to give written...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a property manager put your car on a list to be towed without informing you
Shaneka Johnson
Shaneka Johnson answered on Aug 4, 2021

Towing questions depend on the terms of your lease (usually found in the rules/house rules section). Outside of the lease, HOA/COA rules and bylaws, along with posted signs will control here. You want to check each of these for parking permission requirements and make sure your vehicle is in... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am Francis looking for a lawyer that represents landlords in 20yr old lead poison case

A previous tenant is trying to sue stating granddaughter have lead poisoning from visiting rental property 20yrs ago.

Mark Oakley
Mark Oakley answered on Aug 1, 2021

You need to contact the insurance company that provided your insurance for the property back at the time of this visit. They will be the ones likely on the hook to pay any judgment; therefore, they will select and pay for your defense lawyer to defend the case. If you fail to notify them in time... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a tenant renting a room, she run her mouth her sister send me a threatening text message, can i evict my tenant?
Leonard A Englander
Leonard A Englander answered on Jul 29, 2021

Depends on how threatening it is, what the lease says and whether the sister is staying there. If an invitee/guest is breaching the lease, that breach can "rub off" on the tenant as well. If the sister has no relationship to the property (ie not staying there, not an invited guest, etc.),... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How soon after moratorium ends can one evict a holdover tenant?

I need holdover tenant to leave property as I don’t intend to rent. What’s my time line after end of moratorium and when do I need to give 30 day notice

Mark Oakley
Mark Oakley answered on Jul 27, 2021

The moratorium is over. Give your notice to the tenant to vacate and file to retake possession of the premises and evict them. Read all about it here:

https://mdcourts.gov/legalhelp/housingtenants

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: If I'm a year to year tenant in md and a landlord refuse to renew. Does real property code 8-402 subsection 3 apply
Mark Oakley
Mark Oakley answered on Jul 23, 2021

Yes, and no contrary provision in your written lease is legal to alter the 90 day notice to quit requirement for year-to-year leases. However, a lease with a one year term is not a year-to-year lease simply on account of the lease term being one year. A year-to-year tenancy automatically renews... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We have a new owner. Our rent was paid till Aug 1st 2021. The new owner has not sent mailed us a new lease.

New owner calls every day , mostly at non-business hours ( from 9am threw 5pm)

He told my Husband he is going to double our rent from $750 to $1475 plus we will have to pay our own water. I think he wants to split water 3 ways between the 3 units in building. Then owner left message... Read more »

Leonard A Englander
Leonard A Englander answered on Jul 20, 2021

When does the prior lease expire?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Month to month unwritten lease, landlord changing verbal 60 day notice to vacate to written 30 day.

I have been renting on a month to month unwritten lease since January. My landlord, on June 29th gave me a verbal 60 day notice to vacate by August 28th. Then on July 8th, gave me a written notice to vacate by July 31st. Is it legal to change the vacate parameters? I have 2 other witnesses who can... Read more »

Mark Oakley
Mark Oakley answered on Jul 9, 2021

Month-to-month tenancies require 30 day notice to vacate, so the July 8 notice to vacate by July 31 is not 30 days notice and is invalid. A landlord and tenant can agree to a longer notice, but it is unclear that you have such an agreement in place. You describe the landlord as merely giving you... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, I can not find this answer on line. Can a Baltimore city Landlord confiscate property in my backyard?

I have a grill that the landlord claim are forbidden in our lease. Is the landlord allowed to take my grill with notice?

Shaneka Johnson
Shaneka Johnson answered on Jun 23, 2021

Generally, the answer is no. However it depends on your lease. Is there a Rules section in your lease or any language specific to the treatment of grills or prohibited items generally?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Per MD Code Real Prop § 8-203.1 can a landlord refuse tenant to be present during move out inspection due to Coronavirus

To be more specific, the property manager will not allow me, the tenant, to be present during the move-out walk-through inspection due to covid. Thank you

Leonard A Englander
Leonard A Englander answered on Jun 22, 2021

Just seeking a bit of clarification here:

Are you asking if the Landlord can choose not to come or asking if the Landlord can refuse to allow the Tenant to be present?

For the former, you could allow an agent to take the place of the Landlord to conduct the walkthrough. For the...
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1 Answer | Asked in Landlord - Tenant and Public Benefits for Maryland on
Q: Can HOA starts making rules for no smoking but specify to start on one building first?

All owners of this building are non smokers. There are smokers in all other buildings. All buildings are stand alone. Thanks.

Peter N. Munsing
Peter N. Munsing answered on Jun 18, 2021

It doesn't make sense but If you are a non smoker the next issue is are you harmed? Courts have a doctrine that they don't look at theoretical , abstract concepts of harm.

However start by asking them why, get as much on the record as far as their reasons. Look at the HOA...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I let my brother live with my family 17 years ago when he separated from his wife and family, there was no rent.

We did 29 projects on the house, 25 of which he was paid for. Can I have him legally detained.there were no contracts, bills except for a paper i signed in 2006 that I cannot find dealing with my basement which we dugout together. He had no experience and did'nt under pin the foundation... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2021

You have no case. You jointly participated in the work that you now claim was defective, and which neither of you had any experience or business doing. Homeowner DIY jobs carry that risk: you don’t know enough to follow building codes. That is true even if you were not beyond the statutes of... Read more »

3 Answers | Asked in Landlord - Tenant for Maryland on
Q: Homeowner selling after signing year lease.

Update: This was a renewal lease and is scheduled to be our second year in the property.

I just signed a year lease that ends June 2022. I'm now being informed by the homeowner's real estate agent that the owner would like to cancel my lease ASAP and sell the property. What are my... Read more »

Leonard A Englander
Leonard A Englander answered on Jun 15, 2021

Have you already moved into the property out of curiosity?

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am looking at renting a place the the landlord wants to see how I currently live. Is this legal?

I live in Prince George's County Maryland. Is this legal and/or discriminary?

Mark Oakley
Mark Oakley answered on May 16, 2021

It is unusual, and weird, and a good reason to pass on this rental and look elsewhere. Not enough facts to determine whether there's any illegal discriminatory purpose in the strange request, but this does not sound like a landlord you want to be stuck in a lease with for a year.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am being evicted on April 30th 2021 due to the fact of non-payment but I lost my job due to covid is there any way to

Stop that eviction that was court ordered by a judge and if so how do I do that

Leonard A Englander
Leonard A Englander answered on Apr 29, 2021

Hmm.. you should be able to fill out a CDC eviction moratorium form. Here you go:

https://www.cdc.gov/coronavirus/2019-ncov/downloads/evictiondeclare_d508.pdf

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in Columbia Md. My lease is up April 30, 2021. I don’t have a place to move to. My rent is not behind.

I was approved for a new place. Last week was told by new owner he could not rent it to me bc he didn’t have his license yet. A few days later it was rented to someone else. Now I have no where to go with my children. My rent is always on time. I have asked for a lease extension the current... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 27, 2021

That sounds frustrating. So... if you don't leave, the Landlord can't just kick you out. He needs to give you proper notice to vacate (sounds like he might have already done that) and if you don't leave, he will need to file a Tenant Holding Over action, followed by a warrant of... Read more »

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