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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: The new landlord threw away over $2000 worth of my possessions in storage downstairs without informing me. What do I do?

Strange situation here. The building owner and landlord died in November and his mother is taking over and fixing all the business problems. I contacted the new property manager about what she did but they said they haven't heard anything and want the rent on April 14th when it's due.... Read more »

Mark Oakley
Mark Oakley answered on Apr 12, 2021

The rent obligation is independent of any tort or contract liability the new owner or management company has for disposing of your belongings. Therefore, pay the rent if you want to remain living there or face a distress for rent action. You can sue the property owner/management company or... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My complex gives a 6 month period for us to give notice of us either ending or renewing our lease. Is this legal?

We are required to give notice at least 6 months before the end of our lease. I've only seen time periods up to 90 days so is 6 months legal?? We did sign this but is the contract legal in the first place?

Mark Oakley
Mark Oakley answered on Apr 9, 2021

There is no prohibition to providing a longer notice period that that required by law, however, there are other limitations imposed. For instance:

MD Real Property Code, 8-208(d): A landlord may not use a lease or form of lease containing any provision that has the tenant agree to a period...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security deposit was put on a rental property, but found some issues

Went into the property, to clean for move in found mold in the kitchen, infested with roaches, holes in the walls and previous tenants had dogs which soiled the carpet and the house smells really bad, the microwave doesn’t work and the dishwasher doesn’t work either. The kitchen counters are... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 8, 2021

Sorry, just saw this. Everything is governed by the lease. If you are noting these issues now though and you haven't already signed a lease, I would see about getting out of this ASAP. These type of problems rarely get better.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My landlord gave me a three day notice to vacate my apartment. She said because she my mother and myself had an argument

She said she felt threatened but no one threatened her. I didn’t move and then she put an eviction notice on the door. She prepaid rent to use for legal costs. I did move but I don’t know what to say in court. Can someone please help me.

Leonard A Englander
Leonard A Englander answered on Apr 7, 2021

I will need a bit of clarification:

Is she filing suit against you for unpaid rent or breach of lease or something similar?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?

Also if I filed my case on January 25th and I issued a notice to quit/vacate... Read more »

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

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My tenant stopped paying rent since jan 2021 and after 30 day vac notice serve to her, she started damaging my property.

I own a property in AA county, Md. my tenant stop paying rent started jan 2021. After serving her a 30 day notice to vacate property. in retaliation she started to damage my property. One time she blocked my mechanical room with items and created a fire hazard. A 14 day notice was issued to her to... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 29, 2021

It sounds to me like you might have a breach of lease situation on your hand. If you gave her the proper notice, the next step would be to file a breach of lease. I would contact an attorney before doing so, as the showing in an emergency breach of lease situation (ie. where you would make use of a... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I payed my first months rent and security deposit and have the receipt, but the landlord has not yet given me my lease.

she is now saying that she is not going to give the lease until I pay more money, but she was suppose to give me the lease when I payed the 5000. I am afraid to give her more money at this point because I still dont have lease and BGE cant prove that I live at the address without the lease. So... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 19, 2021

This sounds highly suspicious. Something is not adding up here and I would be very careful if I were you.... Contact a knowledgeable attorney ASAP.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I have an 18 month lease that will expire at the end of June 2021. My landlord has decided to sell. I live in Maryland

How much written notice must he give me? What if I can't find another place? Am I protected by Covid? I am not behind on my rent.

Leonard A Englander
Leonard A Englander answered on Mar 15, 2021

Generally speaking, the notice requirement is 30 days notice, effective rent due date. If your landlord wants to sell it, that's how much notice he will have to give (ie. May 2021). There is talk of a law prohibiting the giving of notice in MD for a while, but it's unclear whether that... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Before purchasing a mobile home, we must be approved by the park. Is it legal to ask for personal & financial info?

When screening the applicant for tenancy, what information is a mobile home park able to ask for? If the person purchased the mobile home outright, and rents the land, can they legally ask for the following information?

- Copies of three months of paystubs

- list of all current debt... Read more »

Mark Oakley
Mark Oakley answered on Mar 9, 2021

Yes, they can, since they may decide not to rent to someone who has bad credit and will likely fall behind on the rent payments. However, under the Maryland Mobile Home Park Act, a park owner may not unreasonably deny a mobile home owner's application to enter into a rental agreement; and if... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Excuse my ignorance. If courts are not open, how can one evict commercial tenant after they ignore 30days notice

For a nonpaying commercial month to month tenant of a small office condo. Thanks

Mark Oakley
Mark Oakley answered on Feb 14, 2021

Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Hi, the previous tenant of my apartment entered my home two nights ago while I was sleeping. I live in Maryland.

Should I seek legal help? Is this negligence?

Leonard A Englander
Leonard A Englander answered on Feb 9, 2021

You should contact the Landlord and demand the locks be changed.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Have small Maryland office condo with nonpaying month to month tenant. We have been paying condo fee & property tax.

The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!

Mark Oakley
Mark Oakley answered on Feb 6, 2021

If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I’ve lived in a rental unit for 11years. Am I responsible for replacing carpet and repainting upon move out?

The carpet has never been replaced nor have the walls been repainted during the entire 11 year duration of my residency there. When I initially moved in there were already a few stains on the carpet which I did notate in a certified letter to my Landlord upon my move in inspection. There are a few... Read more »

Mark Oakley
Mark Oakley answered on Jan 26, 2021

Your legal responsibility is to leave the premises in broom-clean condition, in substantially the condition upon move-in, but with ordinary wear-and-tear excepted. I imagine 11 years of "ordinary" wear-and-tear can be quite significant, meaning the premises will not look as new and clean... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Tenant is month to month and we are selling our house. We sent certified letter to vacate.

Letter states to vacate in 30 days. Is she covered by cares act or does she have to leave in 30 days? We are not going through the court because they are not hearing on evictions until July. What rights do we have as landlords?

Leonard A Englander
Leonard A Englander answered on Jan 20, 2021

At the moment, there is no law in effect that would stop you from giving 30 days notice. CARES coverage expired a while back for these types of cases. You will likely have no choice but to go through the Courts. Unfortunately, that is the only legal way to get rid of a tenant who refuses to leave.... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a Maryland landlord and wish to sell my rental property. Our tenant is month to month. Can we sell during pandemic?

Our tenant owes 11k in back rent due to pandemic. We sent a certified letter to her to vacate in 30 days as we need to sell. We are trying to prevent the house going into foreclosure. She said she’s not leaving. What rights do we have as landlords?

Leonard A Englander
Leonard A Englander answered on Jan 20, 2021

That sounds very frustrating.

So, provided the 30 day letter was done properly, you would need to file a Tenant Holding Over action with the District Court. This will start the process for eviction. Unfortunately, the Courts are in Phase 2 so there is no guarantee when the courts will hear...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system

when i asked the landlord to fix the vent, that has so much dirt and grime hanging out of it, i was told it is not in the budget. it seems they do not want to fix it and i cannot afford to move now. what is my legal recourse?

Mark Oakley
Mark Oakley answered on Jan 14, 2021

It depends on whether he air quality from the dirty vent (or the restricted air flow) poses a substantive health hazard to you, thereby making occupation of the apartment a dangerous health hazard to you. If yes, then you could file a rent escrow action in District Court (forms may be found on the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Tenant has been gone 30+ days, now wants to come back. Roommate doesn't want them. They owe rent.

They are still on the lease. Do I have to let them back in? This tenant owes a lot of back rent, and has repeatedly lied.

Mark Oakley
Mark Oakley answered on Jan 5, 2021

Clearly not enough factual information to provide legal advice you can rely upon. For instance, what notices have you sent to the tenant(s) regarding their breach of payment of rent under the lease? Have you terminated the lease or given notice to vacate at any time? How long ago? What tenant... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is there a timeframe with which to sue a Landlord for withholding a security deposit, following a move out?

The residence in question is in Prince George's County MD.

Mark Oakley
Mark Oakley answered on Jan 3, 2021

Suit must filed not later than 3 years after the date the security deposit became due.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Move in this apt on January in April after a rain there was water in the carpet and I call up to know done nothing .

I call , email never fix the problem and I have a 9 month old baby , can I ask for another apartment please thanks.

Leonard A Englander
Leonard A Englander answered on Jan 2, 2021

Based on what you are writing here, it sounds like the leak was not fixed. Am I correct in assuming that the carpet is now moldy and/or that the apartment in general has mold?

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