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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Maryland on
Q: Good afternoon. This is a mix of landlord-tenant and person injury. I'm from the state of Maryland. Here are the basics

a/c not working

2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2020

It depends on what exactly the libel, fraud, and intimidation were, what the surrounding circumstances were, and what damages you incurred.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Are apartment complexes able to evict residents right now

My leasing office emailed me a letter stating “ Please be mindful that in the month of February an Absolute Eviction was granted due to repeated judgement in a twelve month time frame. This does mean that eviction will proceed regardless of payment which was granted prior to COVID. ” my... Read more »

Mark Oakley
Mark Oakley answered on Aug 4, 2020

If your landlord has twice obtained judgments for nonpayment of rent in the preceding 12 months before this last time they filed (in Baltimore City it's 4 prior judgments; in Baltimore County, PG and Howard it's 3 prior judgments), then you lose your right to redeem the property and... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Who do we contact if a rental company or landlord refuses to fix a septic issue?

I am attempting to help my nephew who just got in a lease where they refuse to fix the septic leaks out of the septic pipes in his apartment.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 29, 2020

If the LL refuses to fix the leak, then you would have to take the route of rent escrow. Which requires that you file an action with the court which then forces the LL to fix the issue. You will file in District Court in your nephews county.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If a tenants lease has expired and is still living in the space what rights do they have?
Mark Oakley
Mark Oakley answered on Jul 19, 2020

They are “tenants holding over” in the eyes of the law, and while they do not have legal “rights” to the premises, you cannot use self-help means to remove them. By law, you must file in landlord tenant court to evict. Only the Sheriff armed with a writ of possession can forcibly remove... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease due to BAD rodents and my landlord is now selling the property? I have 6 months left in my lease.

The landlord came over 10 times and nothing has been resolved. When he picked up his rent July 3rd , I informed him of all the issues , concerns and want to break my lease. He just contacted me stating I now have to finish out my lease or he will get the debt collectors involved What should I do ?

Mark Oakley
Mark Oakley answered on Jul 6, 2020

You can start a rent escrow action, pay your rent into court, and he can't get the money until he fixes all the problems, and then the court decides how much of the rent he gets to have and how much you get refunded back for having to live under such conditions. here is a link to the court... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a question about filing a small claim against my apartment complex and want to know if you think I have a case.

Long story short, the residents that live under me had a leak and maintenance had to knock down the way under my sink. This happened 6/10. Since then, I have had a bird (an outside side bird) come in through the hole in the wall, in which I have contacted the rental office about. I have tried to... Read more »

Mark Oakley
Mark Oakley answered on Jun 20, 2020

Forget the small claim action, unless you pay out of pocket to have the bird removed. Document your complaints in writing to the landlord and demands to address the two outstanding issues. If they do not respond reasonably quickly, file a rent escrow action in the district court. A rent escrow... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Maryland on
Q: Can an HOA install cameras without the consent of all homeowners and tenants (privacy concern).

If they are installed in places places that peer into places on homeowner properties that are covered by reasonable expectation of privacy (e.g. patios, porches, windows, etc.)

Mark Oakley
Mark Oakley answered on Jun 3, 2020

I doubt your HOA documents provide that unanimous consent of all homeowners is required before they can take any actions. However, that does not mean they can necessarily act with impunity or infringe on privacy rights. Your HOA is made up of you and your fellow owners. You elect the Board who... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What can I do when my landlord kicks me out due to part of the house is on someone elses property?

My landlord told me I have to move out due to there mistake about where they placed the house? Is there anything I can do to have them help us find a place and pay rent being that this was there mistake.

Mark Oakley
Mark Oakley answered on Jun 2, 2020

You will have to move, and save all your invoices for what it costs you to do so, and then demand reimbursement for the costs. You will not be awarded rent at some future apartment, but you are entitled to all your out-of-pocket costs this causes you. How do you know the landlord is telling you... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended June 26. But I moved to Baltimore around April 10th I told my landlord that. She told me the sooner

I moved my things out she could get someone else to move in. So I moved out April 30th but still paid my rent for may. She found someone to move in the may 11th I believe. She said I will get partial of my may rent back. But I will not get my security deposit.

Mark Oakley
Mark Oakley answered on Jun 2, 2020

The landlord cannot keep the security deposit if she suffered no loss of rent or other damages to the apartment. Put a request for return of the security deposit in writing, setting forth the address where to mail it to (so she can't claim she didn't know where to send it). In Maryland,... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have tenant with a 2 yr lease. One section of lease said violations would be grounds to immediately terminate lease.

A violation against lease w/ storage of flammable liquids took place in August, 2019. Can I terminate them now in May, 2020?

Mark Oakley
Mark Oakley answered on May 10, 2020

In cases like this, where a violation of a rule or prohibited conduct unrelated to payment of rent is the basis for the termination, a court will evaluate the violation in terms of whether the breach is a "substantial" breach sufficient to allow the ultimate penalty of terminating the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Anne Arundel County Maryland give a month-to-month tenant a 30 day notice during COVID-19?

This not due to any unpaid rent, just a change in tenants to accomodate a potential buyer

Mark Oakley
Mark Oakley answered on Apr 26, 2020

They can give the notice, they just cannot enforce it in the courts until the courts reopen and the suspension of evictions is lifted. Courts reopen June 5, under current orders, but could be extended. Contract provisions and the rights of parties to take actions under their contracts are not... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: When an incident occurs, is it legal for landlords to give out specific apartment numbers of incident to other tenants?

For example, if a crime/incident occurred in my apartment and the landlord sent out its usual message to the other tenants/ my neighbors is it legal for them to include specifics like my exact apartment number rather than giving general info that the incident occurred on this certain floor? Does... Read more »

Mark Oakley
Mark Oakley answered on Apr 24, 2020

There is no law that prohibits the dissemination of public information. There is a Constitutional right under the First Amendment that specifically protects the right to free speech, which would include disseminating truthful information to others. You have identified no private legally protected... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Are landlords allowed to go & maintain rental properties under the stay-at-home order in MD, if properties are vacant?

Tenants are moving out, but as an owner/landlord, I need to switch out locks, clean, and maintain the residential rental property. As an owner, if my rental home is vacated, am I allowed to go, under the current COVID-19 MD stay-at-home order?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 21, 2020

At the outset, we are working under a totally new set of rules and while attorneys can attempt a reasonable stab at interpretation, no one has had the ability to see how things would play out if challenged. Under the Maryland order, employees and owners generally may go on-site to non-essential... Read more »

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can a tenant legally remain in a property that is being sold?

I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 15, 2020

There are two intertwined questions in the scenario. First, can a tenant "legally" refuse to leave if their lease is up and they've been given proper notice? Assuming the appropriate notice has in fact been given, legally, "No."

That said, the second and...
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: We rent a house to a single man, his daughter and boyfriend came in to stay with him for a while! a year later we need

out! do we have to give a 30 notice?? since they are not on the rental agreement and pay nothing, what is the legal way of having them removed!! we live in Maryland, thank you!

Joseph D. Allen
Joseph D. Allen answered on Mar 12, 2020

It depends on all the facts and the lease (whether written or not). It might be properly a wrongful detainer, or tenant holding over, or breach of lease, or failure to pay rent- all are theoretically possible under the limited facts in the question.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a stay of eviction until April 14, 2020. But, Wells Fargo turned off the electricity and I don't know what to do.

Is that a form of self help eviction? What can I do about willful diminution of services?

Richard Sternberg
Richard Sternberg answered on Mar 5, 2020

Neither DC nor Maryland allow self-help. Turning off the electricity is likely to be wrongful eviction. You should seek out a lawyer or, if you cannot afford one, find a local Landlord-Tenant legal clinic or Kefal Services office.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maryland on
Q: Subsequent remedial activity. Proving that it happened as supposed to it been there fault

In a mold case if landlord says there was no mold and there is plenty of evidence that the tenant had to move for remediation and pictures of remediation. Can the evidence be used to proof that there was mold in those areas of the apartment or is that excluded. It says you can’t proof negligence... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 25, 2020

This is something best posed to a Maryland attorney because it would be governed by state rules of evidence, or state exceptions to Federal Rules of Evidence. However, your post remains open for two weeks. As a general premise, you're correct about the way the rules of evidence generally treat... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Quit title (Adverse Claims Statement) Can It Be As In Religion / Spiritual But Not religious / Spirituality

possession / Adverse possession And Or Not && The Statute Of Limitations Time Period Maryland 20 Years

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

Huh? I have no idea what you are asking, but the answer is “no.” Adverse possession is a legal concept that has no relationship to religion or spirituality.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Maryland on
Q: My landlord removed all of my property valued over $100.000 and included a pick up truck. 4 days before I was to vacate

That happened in September 2016 while I was out of state. He also broke a lease of farmland depriving me of 11 acres and my 4 acre vineyard (20 yr lease start 2011). Estimated annual income from wines at $7,000,000 conservatively.

Joseph D. Allen
Joseph D. Allen answered on Feb 6, 2020

Given the amount of time that has passed, it is possible that your potential complaint might be barred by the statute of limitations. You'd need to discuss all the facts and circumstances with an attorney, including the issue of when you discovered the problem(s).

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maryland on
Q: If the lease was never actually signed by me (tenant) or landlord, am I legally bound by anything?

I have been renting now for a year and a half on 12-month contracts. My landlord has fallen through or dragged his feet on numerous projects and am through dealing with a house that is physically falling down around me and my family. We are now going to buy a home but the lease of the rental... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 1, 2020

That depends on your state and the remainder of the facts. In some states, a writing with your signature on it, such as the rent check, accompanied by indicia of your assent, like living there, is enough to escape the Statute of Frauds. In others. unless your signature is on the lease, there is no... Read more »

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