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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
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2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Richard Sternberg
Richard Sternberg answered on Jan 27, 2022

To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
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1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... Read more »

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a MD residential rental lease be amended to be terminated on the death of a landlord?
Mark Oakley
Mark Oakley answered on Dec 13, 2021

By agreement of all parties to the lease, yes. Unilaterally by only one party or their successor in interest, no.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My mobile home park is requiring to remove my summer tires which I store under my deck for the winter and tool boxes.

Is this legal as we own the trailer but rent the lot?

Mark Oakley
Mark Oakley answered on Dec 11, 2021

Read the lease terms on the lot rental contract, the mobile home park rules and regulations that are posted and made part of that contract, and see what is and what is not covered under those terms that you signed. These things are generally a contract issue.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Behind on my rent due to covid. I received $18000 aid to pay my back rent. I have now been issued a notice to quit. he

My office has still not opened so I am not able to work. DHHS paid $18000 in back rent. I have now received a notice to quit. I was not able to renew my lease in August 2020 because of COVID and not working and I am month to month. Is there anyway to stop the notice to quit without paying the full... Read more »

Shaneka Johnson
Shaneka Johnson answered on Dec 3, 2021

This all depends on the terms of the agreement your Landlord made with DHHS in exchange for accepting the emergency rental assistance funds. Much of the pandemic rental assistance required landlord to sign an agreement to not move forward with eviction for a certain period of time following their... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Must I allow the county government to inspect my rental unit for cleanliness? This was not my landlord but the county.

I am not a tidy housekeeper- but I don’t have any insects or anything like that - just unpacked boxes and bags of clothes. My building recently installed new fire alarms and thus, I had to let engineers in, they saw the clutter - today the county knocked and asked to come in and inspect- I would... Read more »

Mark Oakley
Mark Oakley answered on Nov 5, 2021

Clutter, especially stacks and piles of paper, cardboard and the like, is deemed a fire hazard, especially in an apartment building since so many other residents could be affected by it in a fire. The hazard is that paper burns fast and hot and dense stacks of it accelerates the spread and... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: How do I set up an LLC with rental property?
Shaneka Johnson
Shaneka Johnson answered on Oct 18, 2021

An LLC established for real property ownership is no different than an LLC formed for conducting another form of business. You will need to file articles of organization. Secure an Employer Identification Number (EIN) and Maryland Tax ID Number (if your LLC is formed in Maryland). Post formation,... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Does the landlord have a right to charge returned check fees on a “lost” and canceled check?

Wells Fargo Bill Pay rent check was late. Late enough to be over 5 days past due. Allegedly. Once LL reached out, rent was paid via PayPal. Stop payment on late check was placed. LL later tried to cash late check. LL is now charging late fees plus bounced check fees as it seems he tried to cash the... Read more »

Mark Oakley
Mark Oakley answered on Oct 14, 2021

If you paid via PayPal, and the Landlord received the PayPal funds before he tried to cash your late check, then your Landlord had no right to try and cash the late check and receive double payment, so he has no right to charge the bounced/returned check fee. If your payment was late, and your... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What do you do when a tenant moves and damages cost more than security deposit?
Leonard A Englander
Leonard A Englander answered on Sep 23, 2021

You would need to make sure to send out a security disposition letter within 45 days so that you don't run afoul of MD Real Property Art. 8-203. The letter should be an itemized list of why you are withholding the security deposit and should be sent to the Tenants last known address. Make sure... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter lives in off campus housing at college that requires roommate agreement for a pet and sneak it in.

My daughter went and bought a dog after receiving the okay from the roommates but one of the roommates turned her in. She paid the fine and the pet fee but also has to have roommates sign an agreement with the apartment complex. The roommate that turned her in refuses to sign. My daughter has the... Read more »

Shaneka Johnson
Shaneka Johnson answered on Sep 13, 2021

Does your daughter have a handicap/disability that the dog provides assistive support for?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I need help our landlord from our apartment is trying to say we cannot renew our lease after 6 years here no official

notice. never late on our rent. and we have to be out by September 23rd with no where to go yet, is this legal?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2021

So, the answer is yes and no. All Landlord's generally have a right to not renew leases and to retake possession at the end of a lease term, with a few exceptions.

That being said, the Landlord does have to follow some set rules. Specifically, the Landlord is required to give written...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... Read more »

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