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Maryland Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I have a landlord tenant question regarding security deposits?

The Original tenant gave a security deposit of $5000 to rent our home. The original tenant and his girlfriend signed a renewal lease (month to month) the next year. The girlfriend is now trying to sue us to get the deposit back since we missed the 45 day deadline after they moved out. Does she... Read more »

Mark Oakley answered on Jun 11, 2019

No. She would have had to be on the lease, and by your description, she was not, and she did not pay the deposit. However, if the renewal lease stated that the security deposit will be applied to the renewal lease and the tenants (with her being named as a tenant) retain all rights to the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I am landlord in maryland. could I evict the tenants and their furnitures if they don't move out at termination date?

the new tenant will move in next day

Joseph D. Allen answered on Jun 6, 2019

"Self-help" evictions are frowned upon in Maryland, and risky for landlords. You do not say whether you have a reasonable belief that the tenants will not move out at termination, but if you do have good reasons to think that (such as because the tenants said as much), you might be able to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on

Q: I have had a mice problem with my apartment. I would like my rent refunded. I have asthma.

I have asked for my apartment to be mice free. It has taken them three exterminator visits, they have had to fill in three holes in my unit. They have found mice excrement, that is the exterminator found this. I was denied having my floors cleaned by the onsite manager, I had to call the... Read more »

Cedulie Renee Laumann answered on May 7, 2019

An online post won't be able to offer specific legal advice, but when conditions in a rental rise to the level of a serious hazard jeopardizing health or safety, Maryland law offers the option of rent escrow. Not every nuisance rises to the level of hazard and it is a very case-by-case analysis.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: My landlord is terminating my lease 2 months early because she is getting new flooring in the apartment. Is this legal?

Joseph D. Allen answered on May 6, 2019

Typically, unless you have language in your lease that specifically allows for early termination under these circumstances, the landlord is required to lease the premises for the term that you agreed on.

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Can landlord keep my security deposit if I was evicted moved out before 30 days where up? Handed my keys in on the 4th?

Bennett James Wills answered on Apr 17, 2019

Landlord may be entitled to your security deposit for several reasons. Depends on what your lease says.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on

Q: Water heater broke and leaked water all over basement and we're being asking to replace it

Our water heater broke and leaked water in the basement and the renters didn't respond for at least a week or so. The basement was basically off limits as the carpet was completely soaked and stepping on it resulted in water splashing and soaking further into the carpet. Essentially there was water... Read more »

Richard Sternberg answered on Mar 23, 2019

The answer depends on the terms of the lease, who had the insurance interest, and whether anyone was negligent, and the result is fact dependent. While it needs to be reviewed before an opinion can be reached. One thing is certain. Doing nothing until the mold overtakes the house will turn a $700... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Maryland on

Q: I am in Baltimore County, Md and have a bed bug issue with my apartment complex.

John Mesirow answered on Mar 4, 2019

If it can be proven that the presence of the bedbugs is due to the landlord's negligence, and that you were injured as a result of this negligence, then you have a claim. I'm not minimizing any injuries you suffered, but I'm direct with both prospective and retained clients. Many personal injury... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I want to evict my tenant cuz she hasn't paid rent in 4months. The courts won't intervene cuz i have no Renter's license

This tenant has been troublesome from the start. I charge different rates for couples and singles. She said she is by herself but her bf practically lives here and they refuse to pay the couple price. They get into huge arguments and destroy my property. She hasn't paid rent in 4months. I have... Read more »

Mark Oakley answered on Mar 2, 2019

You are filing your legal action incorrectly. You cannot use the landlord-tenant forms or seek to enforce the landlord-tenant laws or the terms of the lease, because the lease is not legally valid as a result of your not being licensed.

What you must do is file a complaint for unlawful...
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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Does my landlord have the right to tell me what I am allowed to store in my carport?

My landlord is telling me I have to throw things away in my carport. It’s not junky and I store things around the perimeter like bikes, a wood pile for bonfires (he demands this be thrown out), broken down boxes I use for shipping (demands these be thrown out), a grill, and a couple metal storage... Read more »

Joseph D. Allen answered on Feb 14, 2019

The first place to look is the lease language regarding the tenant's responsibilities to maintain the premises (and the carport in particular). Sometimes it is vague and ambiguous, so might turn on the reasonableness of the landlord's request vs. the reasonableness of your conduct. Tenants can be... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Maryland on

Q: I have satisfied the amount stated in a court case ? Why won’t the other party ask for the case to be dismissed?

Richard Sternberg answered on Feb 10, 2019

I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: What actions can a tenant take against a landlord who has withheld test results that indicate mold in air duct unit?

Contractors originally refused to perform duct cleaning after the visual appearance of "dark growth" appeared on air ducts and swab test was taken. The landlord finally agreed to conduct an air quality test after one month of being informed by the contractor. Test results were "lost" and a second... Read more »

Mark Oakley answered on Feb 3, 2019

Pay for your own mold test. Then you’ll know and control the test results. Isn’t the point to clean the ducts? Let that happen.

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Can a tenant in Maryland sue a landlord for failure to enforce its lease provisions on other tenants?

Joseph D. Allen answered on Jan 30, 2019

Perhaps, if the failure to enforce deprived you of the "quiet enjoyment" of the premises. The lease language may also provide limitations on your right to sue- such as a written notice to the landlord and a reasonable opportunity to cure the problem (which is also generally the requirement under... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on

Q: How soon can I start eviction process for a storefront that I rent to someone when they fail to pay rent?

The tenant for the storefront has not paid their full rent for the month of December to date, and that will mean January's rent may not be paid until February. I want to begin the eviction process

Joseph D. Allen answered on Jan 18, 2019

The answer will depend on the relevant language in the lease. You may want to hire an attorney to review the lease and advise you as to your rights and the process.

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1 Answer | Asked in Landlord - Tenant for Maryland on

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

I have rented this unit for 1 year and extended it for another year. I have notified the owner of my moving out and an inspection has been performed on 10/24/2018 and I have handed over the keys on the same day. My lease was to end on 10/31/2018. However my landlord promised that the rent will... Read more »

Joseph D. Allen answered on Dec 18, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

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 ?

I have paid all rent ,he is now saying I owe rent because I told him it was probably illegal for him to charge me rent increase through an electric bill ,he lives in the basement and are supposed to help pay for electric ,he had a female friend move in and my electric bill has doubled plus some... Read more »

Joseph D. Allen answered on Dec 13, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

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

1) not paying utilities (as stated in Lease)

2) trying to terminate my Lease one month early Jan 31. My Lease states February 28, 2019

Joseph D. Allen answered on Dec 13, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Can our landlord sell the house and evict us without us wanting to leave?

We have roommates some pay some do not pay often. He's apparently selling the house in January and needs us out by then. It's November 12th and we planned to live here for another 2 years.

Cedulie Renee Laumann answered on Dec 7, 2018

Since the post suggests a Philadelphia location and a Maryland question, I'd first want to confirm where the property is located.

If in MD, Maryland law applies. (If in PA, re-post to PA). In Maryland, a landlord cannot oust a tenant during the lease term simply because the owner wants to...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on

Q: My foreclosure auction was 4 days ago. I dont know if it sold. I have a tenant living there.

How long before the tenant must leave? I am in Maryland.

Cedulie Renee Laumann answered on Dec 7, 2018

As with many things legal "it depends." If the tenant is a "bona fide" tenant (not related to the owner who lost the house), they may get 90 days or they may get to ride out the current lease.

The rules for how long a tenant gets to stay under the terms of their pre-foreclosure lease...
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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Per MD, the landlord has 45 days to return the security deposit or itemized list. Is it from end of tenancy or lease?

We moved out prior to the lease contract ending. The statute give 45 days for an itemized list or the landlord forfeits the right to hold the security deposit. The statute specifically notes "end of tenancy" for the 45 day mark. If we went off the end of the lease, the landlord sent it to us on the... Read more »

Joseph D. Allen answered on Nov 19, 2018

Provided that you gave appropriate notice of moving out, the 45 day limit would apply from the end of the tenancy (in this case, the same day as the move-out). However, the landlord being one day late on the list is going to be a pretty weak technical argument. You can try that argument, but you... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Looking to break a lease after multiple attempts to have rental fixed and continuous rodent issue, is it doable ?

Rodent problem even after exterminator came out 3 times. 3 water leaks from the AC unit. And much more.

Joseph D. Allen answered on Oct 11, 2018

You might consider filing a rent escrow action in the local district court. One of the possible remedies the court could order is early termination of the lease. But you have to show that the apartment/house is uninhabitable- or a threat to your health/safety. It would at least get the... Read more »

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