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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I gave notice to move at end of month. New place isn't ready. Landlord said I can't hold over. What happens if I stay

Leasing office said that my apartment is rented already and there are no other 2 bedroom units they could assign to the new tenants. It will be very hard to pack and get movers and be out by Tuesday. I've been told I'd I'm not out by Tuesday at 5pm they will take possession by... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

They cannot legally do that. If you don’t leave you’re just a tenant holding over. They’d have to file an eviction proceeding. Could take months to get evicted.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Roommate doesn’t pay rent since March, 2020..quit job 2 weeks before Covid..landlord gave him 30 day notice to vacate in

April. Loud car, car lights shine in tenants windows, does not keep common area like bathroom clean.

Leonard A Englander
Leonard A Englander answered on Sep 20, 2020

I would need a bit more information to answer this one. Are you asking if the Landlord can do that? Or are you asking if there is a way for you to get rid of this roommate, or it something else.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Need copy: Annotated Code of Maryland (1973 Replacement Volume), Title 8, Article 21, Section 102, & subsection thereof

Has to do with Ground Leases

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Contact the circuit court law library in the county or City of Baltimore where you live to see if they have the old volumes of the Code you are looking for; or you may contact the Maryland Department of Legislative Services, which archives all the laws.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Can a former landlord deny me from retrieving furniture I left there 3 yrs ago that I intended to get back eventually?

I lived in a shared group house 3 years ago. All furnishings were provided by various tenants, none provided by the landlord. I left 4 pieces of living room furniture there when I moved in 2017, telling the other tenants my plan to retrieve the pieces at a later time. I am ready to reclaim them,... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 16, 2020

Start by reading your former lease. It very likely contains a clause that items abandoned in the premises belong to the landlord. Even if it doesn't, you need to explain why landlord was responsible for bailing your property without his knowledge or consent for three years. And then, you need... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We rent monthly no lease just mouth to mouth because of cova19 we only pay half rent now landlord can eviction start
Leonard A Englander
Leonard A Englander answered on Sep 14, 2020

So, the Landlord can make use of the Failure to Pay Rent statute, but you can make use of the stay of eviction offered by Governor Hogan's state of emergency to prevent you actually getting evicted.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Are written texts between landlords and tenants legal?

I’m in a tricky situation. I was scheduled to begin a lease Sept 6. I had signed it but noted on the lease clause 35 that inspection was not complete and told him I could not sign that portion since the tenants hadn’t moved and he had not completed the work promised on the property yet. Long... Read more »

Leonard A Englander
Leonard A Englander answered on Sep 7, 2020

That's a tricky one. If there was a modification of the agreement, even orally, it can be enforceable, but the burden of proof would be on you to show that there was a) an offer to rescind the lease, b) that you accepted the offer and c) that there was some consideration (ie value) that would... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a Maryland landlord break a lease halfway through the term to sell the property... during covid-19?

I live in Montgomery County MD, and the landlord gave 2 months notice to terminate the lease. The lease contract went until April 2021. What are my rights as a renter? Do I have to allow showings of the house under covid conditions when I did not initiate this termination?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Under MD law, a lease survives the sale of the property (with one or 2 exceptions). So, if you have a lease that is good until 4/21, the Landlord cannot really give you a notice of termination (unless you have breached the lease in a major way, such as smoking in a non-smoking house, etc.)... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can land lord keep full security deposit and charge more to replace 5 year old carpet.

Carpet was incredibly cheap and stained easily. While stained by tenants carpet also had mold growth due to leaking tub landlord didn't fix and poor installments of siding, sliding glass doors and windows. Is land lord allowed to keep all of the security deposit plus charge extra for a 5 year... Read more »

Leonard A Englander
Leonard A Englander answered on Aug 20, 2020

So, the short answer is: no, but...

When you rent a place, it is assumed that there will be normal wear-and-tear. If the carpet was old and stained when you moved in and just proceeded along that path, then it would not be fair to withhold for that.

If the carpet was in good...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I end this agreement before allowing this tenant to move in and become my tenant.

I am a landlord and I had a tenant I wanted to move forward with and I sent a lease agreement over via email as a pdf file, I already signed the lease with everything filled out except the tenants portions to fill out. They wanted to changed the move-in date by one day September 2 to September 1... Read more »

Mark Oakley
Mark Oakley answered on Aug 17, 2020

Yes, the deal is dead, as she did not accept your offer to lease, but made a counter-offer on different terms. You need to decline her counter-offer and state in writing that the original offer to lease, having been rejected by her by her counter-offer, is no longer being offered and is withdrawn.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is there a law that carpet must be replaced before leasing to a new tenant?

I moved into an apartment with “damaged” carpet. It has pet fur throughout the entire apartment that I cannot sweep or vacuum away. Pet fur from the previous tenant. I didn’t notice until it was in our socks and clothing. What can I do?

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

That sounds very frustrating.

Unfortunately, there is not a rule about replacing carpets. The court generally assumes that you have reviewed the premises prior to rental and were good with the condition. That being said, you can definitely try to pressure the Landlord (LL) into making...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I was scammed into renting a house. Now I'm being called a squatter. What do I do now? What rights do I have?
Leonard A Englander
Leonard A Englander answered on Aug 16, 2020

That sounds very frustrating. This is actually a fairly common scheme. I imagine someone offered you to rent the house, showed it to you, got you to sign a lease and collected rent. Then, when the real owner showed up, you realized that you were scammed.

Unfortunately, legally speaking, you...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Maryland give me a hand written termination of the lease without a court order
Leonard A Englander
Leonard A Englander answered on Aug 16, 2020

Yes, your Landlord (LL) can certainly do that.

However, the LL cannot evict you without a court order. What would need to happen would be the LL filing a Tenant Holding Over action (THOA) where the LL ask the Court to rule that you were given proper notice and failed to leave. After that,...
Read more »

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 »

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