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Maryland Landlord - Tenant Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... Read more »

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1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: my store is month to month lease. I have deliqunce cus Pendemic. I am on payment plan but they start charging penaly

landloard start to charge penalty after I complaint about smoking from next new store. They did not any action for this. Now send me termination notice.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My commercial landlord is trying to collect back trash payment from 2011-2015. Am I responsible to pay it?
Mark Oakley
Mark Oakley
answered on Dec 16, 2022

Need to read the commercial lease and ascertain whether the statute of limitations was extended beyond the default 3 years normally applicable to claims of this nature. However, most commercial leases are under seal, meaning you signed the lease with the word “seal” printed next to the... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... Read more »

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What can we do about it! How can we handle him?

I have a roommate. Both our name are on the lease

He left two month ago to live somewhere else without telling me. I found his room empty . leaving the keys and refusing to sign off the lease. I found someone else to cover the rent and he knew and said he was cool with it. Now he wants to... Read more »

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

Put in writing (letter, email, text--and save it as evidence) that he cannot come back and if he does attempt entry he will be charged with trespassing and breaking and entering. Trespass can only be charged if he receives notice to stay off your property, and you need to prove you gave that... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a commercial lease client who says they've installed footing in our arena. Now they want to take it. Can they?

When our client moved in, we had footing. Our footing was replaced and our agreement was that we would retain the new footing after they left. Now they've hired an attorney who is saying they're going to take the footing and leave nothing. Shouldn't our footing be a fixture that... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 30, 2022

Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

Richard Sternberg
Richard Sternberg
answered on Nov 21, 2022

It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... Read more »

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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2022

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: If I'm given 60 days to move out, do I have to move on day 60, or if I leave before, do I have to pay till day 60?

In Maryland, harford county. 60 day notice would be because they have a contract on the house, or claim to.

Daniel Staeven
Daniel Staeven
answered on Oct 27, 2022

According to the notice law in your jurisdiction, you must be out of the property by the end of the 60th day. Additionally, you must pay rent through the 60th day. If you do not leave, you can be sued for unlawful detainer and eventually be kicked out forcibly by the County Sheriff. It is suggested... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a 2 year lease and the owner wants to sell. Do I have 60 days from when they say or from the sale?

The house is in harford county Maryland and this is in my lease:

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises have been sold."

Mark Oakley
Mark Oakley
answered on Oct 10, 2022

It seems to me they cannot give the notice until after they have a signed contract of sale (signed by both them and the buyer). The date of the sales contract is the date the property sold, even though closing is at a later date. They are then required to give you written notice, and you would... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a two year lease and the landlord contacted me saying she wants to sell the house.

They are asking I be avail to let realtors in and have pointed out the following sentence in my lease

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises... Read more »

Kim D Parker
Kim D Parker
answered on Oct 9, 2022

In Baltimore City, tenants have what's called the first right of refusal, meaning, your landlord must offer to sell the home to your first prior to listing the property for sale. Otherwise, the 60-day notice is appropriate and lawful in Maryland.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Does "No trucks in excess of two (2) tons" mean a truck that weighs 2 tons or a truck with a load capacity of 2 tons?

The full clause (from an HOA CC&Rs) says "No trucks in excess of two (2) tons, buses, tractors, trailers, or the like, or any vehicle used for commercial purposes and displaying commercial lettering or signs, may be parked on any Lot or any street, except with the approval of the Board of... Read more »

Mark Oakley
Mark Oakley
answered on Oct 9, 2022

I would argue that the term "two (2) tons" refers to the classification of the truck and not its actual weight or load capacity, because nearly all pickups and many passenger cars exceed 2 tons in total weight. Open the driver's door to your vehicle, and look at the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I miss my land lord tenant court date can I appleal it
Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

Generally, the answer is yes, but such an appeal needs to be filed within 4 days for a failure to pay rent case and 10 days for other matters, such as a breach of lease, tenant holding over action, etc.

Additionally, often the Court will set an appeal bond to prevent frivolous appeals,...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What does this mean?

IfanyprovisionofthisLeaseorapplicationthereoftoanypersonorcircumstanceisheldinvalid,thatinvalidityshallnot affect other provisions or applications of this Lease which can be given effect without the invalid provision or application; and to this end, the provisions of this Lease are declared to be... Read more »

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It's a bit jumbled together, but it's what known as a "severability clause". Essentially, if any aspect of the contract is found to contravene MD law (for instance, interest set at 10% in a rent case, etc.), the rest of the contract will continue to function regardless.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice is a landlord have to give a tenant to evict, without a lease & rents month to month in Maryland?

Washington County, Maryland

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It is generally 60 days. However, some of the counties have stricter rules.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: About 90 days ago I moved out of my apartment. I have yet to receive my security deposit back?

I shared a lease. We paid security deposit separately. The unit was cleaned and all property was removed and all keys returned. They haven’t responded to any of my attempts to find out what’s going on with my security deposit. The rental office has a high turnover rate and I can never reach... Read more »

Leonard A Englander
Leonard A Englander
answered on Sep 17, 2022

Generally speaking, the Landlord has 45 days once you vacate the premises to either return the security deposit or send a letter outlining why it is being withheld.

Did you do a walkthrough confirming the condition of the property? Also, you mentioned that there was a roommate. Has the...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I rent a home from my mother while I was in the hospital for almost 2 months she had a cleaning crew come into my area o

Of the home and throw out almost all of my items. Example TVs, cooking items, silverware, family heirlooms, clothes. I was wondering if she had the right to throw these items away or any items of my without my permission

Leonard A Englander
Leonard A Englander
answered on Sep 3, 2022

The short answer is: no.

If you had some sort of rental agreement with your mother (ie. you paid money to live there), then she does not have the right to get rid of your stuff. I would consult with a lawyer though, as there are a couple of things that would need to be clarified.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am trying to break my year rental lease in Maryland because I’m not happy with my roommates, the landlord’s children.

I’m leasing from a couple who own a townhouse that their daughters are living in. The daughters and sisters are not on speaking terms and I feel very uncomfortable in the house. I’m looking for options on how to break the lease and they did say that they would be willing to end it if they found... Read more »

Leonard A Englander
Leonard A Englander
answered on Aug 31, 2022

Unfortunately, nothing your describing would give you cause to break your lease. You will have to negotiate with the Landlord and see what accommodations can be reached.

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