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Maryland Contracts Questions & Answers
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!

J. D. A.
J. D. A.
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 Contracts for Maryland on
Q: Licensing question

I hired a licensed contractor to perform home improvement to my house. Our contract specified that subcontractors must be licensed and the contractor signed an attestation that his subcontractor held an active contracting license. I’m now finding that the subcontractor holds a business license... View More

Mark Oakley
Mark Oakley
answered on Mar 7, 2020

Unless there is unworkmanlike performance by the sub, a Court is unlikely to find this to be a material breach sufficient for you to declare the contract terminable. Therefore, I would let that argument go. If you had specifically provided that all subs must hold an MHIC license and that this term... View More

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Is it legal for a licensed contractor to work without obtaining permit where required by law in Maryland?

I signed a contract to install a concrete slab with flagstone. Also stairs that go up to the second floor of my house. It's come to my attention that this work requires a permit. Is the contractor responsible for pulling those permits? I was never informed it is required by law.

I am... View More

Mark Oakley
Mark Oakley
answered on Mar 4, 2020

NO. It is the non-delegable obligation of the contractor to apply for and obtain all necessary permits required by law, per C.O.M.A.R. 09.08.01.08. ("Code of Maryland Regulations"--the MHIC promulgates regulations under the Home Improvement Law, and COMAR is where all such regulations... View More

2 Answers | Asked in Contracts and Collections for Maryland on
Q: I had a pole barn put up by a co.! everything is fine except I need the 3ft. door raised up 4 inches for concrete!! they

won`t come back to finish it! say they are taking me to collections, I haven`t had a final walk through yet, and they want the final payment!! can you advise me on what to do?? thank you!!

Rolanzo Richard White
Rolanzo Richard White
answered on Mar 4, 2020

Well, it really depends on the contract you signed with them. I'm curious as to what acceptance of the final work product is explained to be, and whether the contract said anything about modifications to the work. If they have a duty to come back and raise the door, which they probably do,... View More

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1 Answer | Asked in Contracts for Maryland on
Q: Maryland door to door sales agreement cancellation on 6 business day consequences

We were forced to sign an agreement in door to door sales, we tried to cancel it but did it in an email after 5th business day. now the seller is not willing to cancel it and I am not willing to buy it. How to get away with it?

Rolanzo Richard White
Rolanzo Richard White
answered on Feb 20, 2020

This all really depends on the agreement that you signed. But from your question, it looks like you cancelled the agreement within the permitted time limit, so you will likely not be liable for payment. You should be able to successfully defend yourself if the seller tries to enforce the agreement... View More

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... View 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... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My lease expires at the end of the month. I am purchasing a house.

I live in an apartment in Montgomery County. My lease expires at the end of the month. I am purchasing a house.  I gave the Managment company 40 days notice.

They called stating a 60 day notice is required, so I have to pay another month.

When I looked at my lease renewal which... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2020

The terms of your lease control. There is no law that requires 60 day notice. Therefore, either you or the landlord is misreading the lease. Take another look at it. If you still don’t see the notice provision, call the landlord and ask where in the lease you can find it. 60 days is a common... View More

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... View More

Mark Oakley
Mark Oakley
answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: I'm trying to start a business in MD. I have signed a contract with a construction company in VA in june 2019.

The construction company is taking their time to do the work and right now its December. How long does the contraction company have until he finishes my business renovation if there were no dates in the contract? I go to the job site everyday and they might be only working one or two days out of... View More

Mark Oakley
Mark Oakley
answered on Dec 20, 2019

You will need to meet with a construction law attorney to go over all the details. You do not state, for instance, what percentage of the contract work has been completed, and of course, the contract terms need to be reviewed for both determining obligations and remedies. The law generally writes... View More

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Developer states "he never agreed" to build facilities despite being listed in sales contract. What is our recourse?

This a brand new community. It's labeled as a recreational facilities agreement. It states: "The developer shall contract the following for the Largo Town Centre: ..." However, the community name is Largo Creseant. I find it odd that they would build a gym, gazebos, and tennis courts... View More

Bennett James Wills
Bennett James Wills
answered on Dec 12, 2019

You should consult local counsel to see what options you have. Without seeing the agreement it's hard to say whether anyone breached the contract.

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What happens to me since my landlord got his rental license suspended for a violation. I have 9 months left on my lease.

Condominium in Prince Georges County maryland

Leonard A Englander
Leonard A Englander
answered on Dec 3, 2019

Nothing "happens" so to speak. If your Landlord (LL) is unlicensed, you still have to pay rent and are still a tenant. The major difference lies in what your LL can do to you if you don't pay rent. In PG, if the LL doesn't have the license, he/she cannot make use of the Failure... View More

1 Answer | Asked in Contracts and Securities Law for Maryland on
Q: I am being charged 24.22 % for a loan this is higher than the usury law. I have a secured loan and the contract has

The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 26, 2019

Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.

If after looking at the various...
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1 Answer | Asked in Contracts for Maryland on
Q: If a contract is signed and the party does not send a copy after a week of asking what should I do? Can it be voided?

A talent management deal was signed last week. He has been asking for a copy of the contract and we keep hearing “I need to scan it” , “only have the last page”, etc, when we know he has the pdf in his email. Is there any actions that can be taken since this seems like bad business practices.

Mark Oakley
Mark Oakley
answered on Nov 15, 2019

Not receiving a copy of a signed contract is not a basis to void a contract. However, a contract may be terminated for other reasons, and employment contracts are often terminable at will. It is unclear what terms or provisions are in your contract that address this. Perhaps a written demand for a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I get out of paying?

My lease ended 8/31/19. My landlord sent me a list of damages that we owe for, the letter was stamped 10/15/19, we received it 10/16/19. MD law gives them “within 45 days”, was this within the time frame? They held my security deposit and sent bill for damages. Also, I believe they are supposed... View More

J. D. A.
J. D. A.
answered on Oct 17, 2019

30 days have September... The statute doesn't say the list of damages has to be received within 45 days. If the landlord actually paid for repairs, they would reasonably need to list that (as opposed to an earlier higher estimate). But if the damages are estimates, the statute merely... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: purchased a vehicle and the dealership only took $1,000 down payment but now they’re trying to make me give a $1,000.

Can they legally do that

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2019

A Maryland attorney would know this best, but your question remains open for three weeks. As a general matter, without regard to jurisdiction, making payments would be governed by the underlying sales contract (or financing agreement, depending on how the car was purchased). Check the contract and... View More

1 Answer | Asked in Contracts for Maryland on
Q: I received an insurance check stemming from my Brother's death. My remaining siblings insist I have to help pay for

his funeral! The amount they are demanding is over 2600.00 . Under the statue of frauds in maryland am I obligated to pay or no?

Mark Oakley
Mark Oakley
answered on Sep 21, 2019

Funeral expenses are an expense of your brother’s estate. They must be paid or reimbursed out of estate assets. Life insurance benefits are not part of a person’s estate when they are paid to a named beneficiary. Therefore, you have no legal obligation to pay your brother’s funeral expenses.... View More

1 Answer | Asked in Contracts for Maryland on
Q: contractor ripped me off because i wouldnt help him get his drugs

i did side work for a contractor and he refuses to pay me because we got into a argument on the last day finishing up the job because he brought a drug dealer to the job and he asked me to go outside and flag him down and i refused and he acted like a child because someone actually told him no. he... View More

J. D. A.
J. D. A.
answered on Sep 16, 2019

From the facts given, it does not appear that the contractor has a legitimate reason why they have not paid you for the work (and possibly overtime) that they owe you. You should discuss with an employment/labor attorney who offers free initial consultations. These kinds of cases are sometimes... View More

1 Answer | Asked in Contracts for Maryland on
Q: My unlicensed contractor ran away with my deposit and now he's not even responding to my texts but i know where he live

I am looking for pro bono student lawyer to write a letter for me so I can get a refund or he can come and finish the work.

I saw his work at my friends but my only fault is I gave him deposit upfront.

What's the fine if you act as a contractor in MD without license

Mark Oakley
Mark Oakley
answered on Sep 8, 2019

It’s a crime. Jail and fines are the punishment. File a complaint with the Maryland Home Improvement Commission (MHIC). The forms are online.

1 Answer | Asked in Contracts for Maryland on
Q: Will the buyer receive a deed or certificate of ownership upon final payment under the contract
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 21, 2019

What kind of contract?

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Maryland on
Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... View More

J. D. A.
J. D. A.
answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

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