Maryland Questions & Answers

Q: My Landlord is not returning my security deposit even after 45 days since I moved out . Please advice.

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 18, 2018
Joseph D. Allen's answer
It doesn't sound like, based on what you say, that the landlord is in compliance with MD law with regard to the retention of your security deposit. Also, if your lease term was to end on 10/31, and you gave enough notice according to the lease of your termination (and it didn't automatically renew for another year before you gave notice), the landlord can't hold you responsible for rent until she finds a new tenant. You should discuss with an attorney practicing in landlord/tenant law. There...

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Appeals / Appellate Law for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: Is there a law that says the Comptroller of Maryland can revoke driving privileges?

1 Answer | Asked in Civil Litigation and Consumer Law for Maryland on
Answered on Dec 17, 2018
Mark Oakley's answer
In Maryland, your driving privilege can be suspended for multiple reasons unrelated to traffic violations, among which are unpaid state taxes, unpaid child support, civil judgments from an automobile accident for which you did not have the required auto insurance required by law, etc. When the Comptroller suspends, it is generally for unpaid tax debt. The way to address that is to set up a payment plan (typically cannot be longer than 60 months) to pay off the debt. Upon setting up such a...

Q: The sellers agent asked my agent our ethnicity and then stated that we “Latinos” don’t ever do anything right.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Dec 16, 2018
Richard Sternberg's answer
Sounds like a fairly clear housing discrimination case. The good news is that a prompt strategy of asserting a lis pendens and filing the proper complaint may get you your new home, and there may ultimately be an award of legal fees. The bad news is that few of the lawyers qualified to pursue such claims are willing to take them based on a future attorneys fees award. The best strategy is a quick demand letter before there is another contract on the property, but that will require quick action...

Q: how long is a real estate sales contract valid? I have a residential contract of sale dated 8/25/15 and we are to go

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
Are you the buyer or seller? Do you want the sake to go through or not? What has been the communication since 2015(!!!)? Three years? Seriously? The contract generally has a deadline date for closing, or a right to terminate after a certain time frame. However, if a contract has no date when performance of the contract is to take place, then courts will apply a “reasonable time” standard. That’s a factual question, based on the contract and ordinary commercial dealing. Hard to say, but 3...

Q: My ex refused to find a place that is dog friendly,

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
No. You can give the dog away and not incur the expense. Your choice to keep the dog and incur the expense is your choice, not your ex’s.

Q: Is conspiracy to distribute CDS not Marijuana considered a violent crime to the parole board

1 Answer | Asked in Criminal Law for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
It’s not a violent crime, so it should not be.

Q: Married 18 years wife makes more that me I have a life insurance and 401. Will I lose this in a divorce

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Jac E. Knust's answer
Life insurance generally comes in two different forms. Number one: term inurance has no cash value -often times an employer provides thisas a benefit to employees. You can name anybody you want as a beneficiary and it does not have to be your wife generally speaking.

Another type of insurance is whole life insurance which typically has a cash value. If this was purchased during the marriage then the cash value of the insurance is marital property which is subject to a marital award. You...

Q: Can a Veteran buyer and his lender decline or refuse a sellers right to a Reconsideration of Value?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Dec 13, 2018
Richard Sternberg's answer
You really need a competent review of the contract. Based on your limited information, I’m guessing that then lender doesn’t agree with you ROV and that you probably have the right to reject the buyer and get a full price non-VA buyer. Backing out of the contract without legal review is quite risky.

Q: Landlord will not provide rent receipts for my cash payments, can he say I’d didn’t pay rent and take me to court ?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
From what you've said, it does seem that the landlord is violating the lease, and potentially state laws (namely, by taking cash payments without a receipt given and increasing rent without notice). You should probably speak with an attorney- a lot will depend on what your lease says exactly, and other circumstances.

Q: Im in Prince Georges County Maryland. My Landlord refuses to honor 2-year Lease by

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
If the lease requires the landlord to pay utilities, then that is what they have to do. It is unlikely that your lease allows the landlord to unilaterally terminate the lease early- so if you don't want to do that, don't agree to early termination. It might be advisable to send the landlord a certified letter stating your demand that they pay the utilities, and that you don't agree to early termination of the lease. If push comes to shove, speak with a landlord/tenant attorney.

Q: If a policeman asks me to take a field sobriety test, am I required to comply? What if I resist?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then generally you are better off taking it rather than refusing as the license consequences for a breath test refusal are much more severe than if you take the test and blow above the legal limit.

Q: How can a court decide what an academically promising college student's future earnings would be after he's killed in a

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Dec 11, 2018
Thomas Neary's answer
Hello - first, I am sorry for your loss!

There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that is based on academic performance, goals and things like socioeconomic background to project how much the deceased would have made in their work lifetime. A jury then has the ultimate say over how...

Q: Can a pet store refuse to sell me a puppy just because I have children?

1 Answer | Asked in Business Law and Animal / Dog Law for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
It’s a private company so they can do what they want. You’ll find it much easier to adopt the same day at the county animal shelter or the local humane society, who have many rescues looking for a home.

Q: Estranged mom leaves unwarranted voicemails each week. Claims she knows how to find me & can do it easy way or hard way

1 Answer | Asked in Family Law for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
If her communications can be characterized as persistent, unwanted and seriously annoying to you, after she has been told to stop, then you can file for a protective order in the District Court. If she violates that, she could be charged either with civil contempt or a criminal offense (violation of a protective order is a criminal offense). It is possible also that her repeated telephone calls would satisfy criminal charges for telephone misuse and harrassment, but that may be overkill...

Q: why can i not drive my historic car on the weekend?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
If you received a citation then the code section alleged to be violated must be printed on it. I am not aware of any weekend prohibition. So long as your historic vehicle is not a truck over 10,000 lbs. or a camper over 25 years old, then A vehicle registered as historic cannot be used for general daily transportation, or primarily for the transportation of passengers or property on highways. It can only be used in exhibitions, club activities, parades, tours, occasional transportation and...

Q: What are my legal rights to pet ownership if the original owner left a dog I am taking care of? Is this abandonment?

1 Answer | Asked in Animal / Dog Law for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
You do not acquire ownership of the dog in the manner you describe. It is not abandoned if the original owner believes she has placed it temporarily with her boyfriend and does not know otherwise. You can notify the owner that you have the dog, and tell her that if she does not make arrangements to pick up the dog within a reasonable time frame, then you will deem the dog abandoned and keep him. That may or may not work. The longer you have uninterrupted possession the stronger your argument...

Q: How do I found out how to legally record video and audio in my car while driving for Lyft in Baltimore?

1 Answer | Asked in Uncategorized for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
You clearly advise all passengers before recording them that you record them on video and audio while in your car. If they get in and ride with you after that notice, they have consented and it is legal. You cannot record audio in Maryland without the knowing consent of the other person. It is a crime otherwise.

Q: How serious of an injury do I need to have suffered in order to win a med mal case against a major hospital?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
“Winning” is determined not by how injured or damaged you are, but how strong your evidence is that your doctor breached the standard of care he owed to you when providing your medical care. The standard of care must be established by another physician with the expertise to define what that standard is for the type and nature of treatment you were receiving for your health issue. You would then need expert medical testimony that the doctor breached that standard of care, and that breach...

Q: Maryland Courts and Judicial Proceedings Section 5-101 Article - Courts and Judicial Proc

1 Answer | Asked in Personal Injury for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
You’ve cited the general 3 year statute of limitations for most civil causes of action. This would include most negligence cases resulting in personal injury. But you have not asked a question.

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