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Maryland Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Excuse my ignorance. If courts are not open, how can one evict commercial tenant after they ignore 30days notice

For a nonpaying commercial month to month tenant of a small office condo. Thanks

Mark Oakley
Mark Oakley answered on Feb 14, 2021

Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Hi, the previous tenant of my apartment entered my home two nights ago while I was sleeping. I live in Maryland.

Should I seek legal help? Is this negligence?

Leonard A Englander
Leonard A Englander answered on Feb 9, 2021

You should contact the Landlord and demand the locks be changed.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Have small Maryland office condo with nonpaying month to month tenant. We have been paying condo fee & property tax.

The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!

Mark Oakley
Mark Oakley answered on Feb 6, 2021

If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I’ve lived in a rental unit for 11years. Am I responsible for replacing carpet and repainting upon move out?

The carpet has never been replaced nor have the walls been repainted during the entire 11 year duration of my residency there. When I initially moved in there were already a few stains on the carpet which I did notate in a certified letter to my Landlord upon my move in inspection. There are a few... Read more »

Mark Oakley
Mark Oakley answered on Jan 26, 2021

Your legal responsibility is to leave the premises in broom-clean condition, in substantially the condition upon move-in, but with ordinary wear-and-tear excepted. I imagine 11 years of "ordinary" wear-and-tear can be quite significant, meaning the premises will not look as new and clean... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Tenant is month to month and we are selling our house. We sent certified letter to vacate.

Letter states to vacate in 30 days. Is she covered by cares act or does she have to leave in 30 days? We are not going through the court because they are not hearing on evictions until July. What rights do we have as landlords?

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

At the moment, there is no law in effect that would stop you from giving 30 days notice. CARES coverage expired a while back for these types of cases. You will likely have no choice but to go through the Courts. Unfortunately, that is the only legal way to get rid of a tenant who refuses to leave.... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a Maryland landlord and wish to sell my rental property. Our tenant is month to month. Can we sell during pandemic?

Our tenant owes 11k in back rent due to pandemic. We sent a certified letter to her to vacate in 30 days as we need to sell. We are trying to prevent the house going into foreclosure. She said she’s not leaving. What rights do we have as landlords?

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

That sounds very frustrating.

So, provided the 30 day letter was done properly, you would need to file a Tenant Holding Over action with the District Court. This will start the process for eviction. Unfortunately, the Courts are in Phase 2 so there is no guarantee when the courts will hear...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system

when i asked the landlord to fix the vent, that has so much dirt and grime hanging out of it, i was told it is not in the budget. it seems they do not want to fix it and i cannot afford to move now. what is my legal recourse?

Mark Oakley
Mark Oakley answered on Jan 14, 2021

It depends on whether he air quality from the dirty vent (or the restricted air flow) poses a substantive health hazard to you, thereby making occupation of the apartment a dangerous health hazard to you. If yes, then you could file a rent escrow action in District Court (forms may be found on the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Tenant has been gone 30+ days, now wants to come back. Roommate doesn't want them. They owe rent.

They are still on the lease. Do I have to let them back in? This tenant owes a lot of back rent, and has repeatedly lied.

Mark Oakley
Mark Oakley answered on Jan 5, 2021

Clearly not enough factual information to provide legal advice you can rely upon. For instance, what notices have you sent to the tenant(s) regarding their breach of payment of rent under the lease? Have you terminated the lease or given notice to vacate at any time? How long ago? What tenant... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is there a timeframe with which to sue a Landlord for withholding a security deposit, following a move out?

The residence in question is in Prince George's County MD.

Mark Oakley
Mark Oakley answered on Jan 3, 2021

Suit must filed not later than 3 years after the date the security deposit became due.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Move in this apt on January in April after a rain there was water in the carpet and I call up to know done nothing .

I call , email never fix the problem and I have a 9 month old baby , can I ask for another apartment please thanks.

Leonard A Englander
Leonard A Englander answered on Jan 2, 2021

Based on what you are writing here, it sounds like the leak was not fixed. Am I correct in assuming that the carpet is now moldy and/or that the apartment in general has mold?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I can’t sleep well for months because of the sprinkler alarm going continuously off in my apartment complex!

Hi! We live in this apartment complex since Jan 15, 2020. Our lease is for 18 months. When we first moved in the fireplace was broken and it took them a whole month to fix it. In Feb or March, the sprinkler alarm started going off continuously right outside my apartment. It keeps me up or wakes me... Read more »

Mark Oakley
Mark Oakley answered on Dec 30, 2020

Make sudoku recordings of the alarm going off. List the dates and times, and duration, of each time the alarm has gone off. Document all your complaints and length of tome this has continued. It seems to me you have the basis to declare the implied covenant of quiet enjoyment of the premises in... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: In Maryland can a landlord charge a tenant for water
Leonard A Englander
Leonard A Englander answered on Dec 26, 2020

Certainly. As long as the lease specifies such, the Landlord is fully allowed to charge the Tenant for water and many do. Just has to state so in the lease.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get my boyfriend to move out of my house?

He has been living in my house for about 4 and a half years. He has regularly contributed to household expenses. He is verbally abusive, and on one occasion was physical with me. I told him it is over and I want him to leave. I didn't say he had to leave right away. I don't want to... Read more »

Leonard A Englander
Leonard A Englander answered on Dec 21, 2020

A lot will depend on what was agreed upon in terms of living there. It sounds like he was actually contributing to payment of expenses, which would put him into the category of a tenant.

However, the good news is that if so, give him notice to vacate and if he refuses, file a Tenant Holding...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: 2.5 years have passed since lease ended. there was an issue with landlord withholding deposit. Can I still file suit?

Unreasonable charges were not itemized. Was not informed or allowed to be present during inspection. Wife was pregnant and we were moving and changing jobs. My concern is whether too much time has passed now for me to sue.

Mark Oakley
Mark Oakley answered on Dec 21, 2020

You have three years from the date that the landlord was required to return the security deposit or provide you with written notice and an accounting of how your security deposit was applied to the damages/rent claimed owing. That usually means, the earlier of 45 days from the end of the tenancy,... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Who is responsible - Apartment complex or cable company?

Apartment is offered as “cable ready.” There is a defect which causes the cable coaxial cable to become so hot it melts (potential fire hazard). Electrician sent by complex says it’s a cable co issue; cable co says it’s an electrical issue. Please advise who is ultimately responsible to... Read more »

Mark Oakley
Mark Oakley answered on Dec 19, 2020

From your standpoint, it is your landlord that is responsible. They have advertised and marketed their units as cable ready. You have a lease with them, not the cable company. Your landlord has not delivered to you a cable ready apartment. They are in breach. The question is, is the beach... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Maryland on
Q: My mom passed in 2015 she had living rights to her sisters property she passed before my mom so my cousin owned it he

Sold the property in late October this year not once over that time did he ask me about it or let me know I had a time frame to get it cleared out I wrote him a week or 2 ago and asked about getting my moms stuff he said it’s gone it went with the house sorry ! I was like why didn’t you let me... Read more »

Mark Oakley
Mark Oakley answered on Dec 19, 2020

Your mom passed in 2015, and you never once in 5 years asked about her belongings? The house only sold this past October? I think any court would find you waited too long to assert your rights, and the property left in the house was abandoned. An estate should have been opened for your mother,... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I am a hold over tenant with a court date coming up soon. I am up to date on rent, and my lease has gone month to month

If I lose, am I entitled to an appeal, and if I appeal, may I ask for a jury trial? No money will be owed by me. I am fighting on the basis of retaliation. Thanks. I am trying to approximate how much time I will have in I lose my case in March, 2121. I am chronically ill, Federally Totally... Read more »

Leonard A Englander
Leonard A Englander answered on Dec 16, 2020

Good evening,

Well, a lot of this depends on the grounds. If the Landlord gave you proper notice to vacate and your lease term is up (ie month to month) then you will almost assuredly lose the case. All the Landlord has to prove is that a) the lease term is up, b) you were given proper...
Read more »

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Maryland on
Q: How do I rectify this situation with my apartment complex? I just want to be treated fairly or retrieve some justice?

I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... Read more »

Mark Oakley
Mark Oakley answered on Dec 15, 2020

Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I moved into an apartment that had a working intercom and is now broken, does the landlord need to fix it?

I have a month to month lease. I also live several stores up. Unless my fire alarm goes off I do not know there maybe emergency in building requiring me to vacate.

Mark Oakley
Mark Oakley answered on Dec 13, 2020

It is not a material enough breach of the lease to allow you to terminate the lease, nor is it a serious enough threat to your health and safety to allow for a rent escrow action. So, you can complain about the fact it does not work, but if the landlord fails to fix it, there is little you can do... Read more »

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