Maryland Landlord - Tenant Questions & Answers

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

2 Answers | Asked in Personal Injury and Landlord - Tenant for Maryland on
Answered on Mar 4, 2019
John Mesirow's answer
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 lawyers don't take bed bug cases. (We don't.) You may have to make a few calls to find an attorney to pursue this. I hope things work out for you, and that you are able to resolve this.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Mar 2, 2019
Mark Oakley's answer
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 detainer, the form for which is here:

https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv089.pdf

When suing for unlawful detainer, you are not seeking...

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 14, 2019
Joseph D. Allen's answer
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 found in breach of their lease for junking up a yard and refusing to clean it up, but based on the facts in your question that doesn't seem to be the case.

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

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Maryland on
Answered on Feb 10, 2019
Richard Sternberg's answer
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 comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
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.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Jan 30, 2019
Joseph D. Allen's answer
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 MD law in the absence of lease provisions).

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

2 Answers | Asked in Landlord - Tenant for Maryland on
Answered on Jan 18, 2019
Joseph D. Allen's answer
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.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 18, 2018
Joseph D. Allen's answer
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 for another year before you gave notice), the landlord can't hold you responsible for rent until she finds a new tenant. You should discuss with an attorney practicing in landlord/tenant law. There...

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 ?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
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 other circumstances.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
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 certified letter stating your demand that they pay the utilities, and that you don't agree to early termination of the lease. If push comes to shove, speak with a landlord/tenant attorney.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
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 sell (assuming the lease doesn't give the LL such right). Instead, the termination provisions of the lease apply and the landlord would need to wait until the end of the term or give the appropriate...

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

1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
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 differ depending on who bought at auction (for instance, if someone bought to occupy the property they can oust a tenant quicker than someone who bought the property as an investment). It also varies...

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Nov 19, 2018
Joseph D. Allen's answer
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 may be better off also challenging the damage items, or depending on all the facts, countering that the landlord didn't repair the property appropriately during the tenancy.

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

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Oct 11, 2018
Joseph D. Allen's answer
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 landlord's attention. You can do this without a lawyer's assistance- but you should be prepared to prove your case with evidence (pictures, correspondence with landlord, testimony, etc.) Another option might...

Q: My landlord keeps putting signs up all over the outside of the property with my full name saying I live there. Can he?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Sep 20, 2018
Joseph D. Allen's answer
It may be his part of the property (assuming you don't lease the entire premises), but that doesn't mean he can publicize your name and address against your will/without your consent. If he calls the police, they most likely would take one look at the sign you took down, and side with you. You could hire an attorney to send him a letter and/or file suit against him for invasion of privacy or a lease-based claim (quiet enjoyment or trespass, perhaps).

Q: landlord apartment down stairs your apartment upstairs, can the landlord come in your apartment anytime they want .

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Sep 20, 2018
Joseph D. Allen's answer
No they can't. A landlord has to give you the quiet enjoyment of the leased property. Hopefully you have a written lease that spells out what it is exactly you are renting. If not, presumably it was a verbal lease that was clearly for the upstairs apartment. Tell them in writing (certified letter) that you don't want them or their dog in your apartment, and that they need to remove the surveillance system. The recording of your private conversations is a separate matter that you might have...

Q: By law can I be evicted from my home with two eviction notices should I not receive a notice of vacate?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Sep 12, 2018
Joseph D. Allen's answer
It's not entirely clear, but it seems that your landlord has not yet involved the court system, and this is just a letter from them demanding you move. As long as you haven't had several summary ejectments already (based on non-payment of rent), and "redeemed" them by paying your overdue rent, then you should go ahead and pay by certified mail or some other traceable method. The other possibility is your landlord is claiming you breached the lease for some reason other than non-payment....

Q: Are there any lawyers in Frederick Co. that do pro bono cases for Landlord vs tentant issues?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
You'd have to speak to the particular firm/attorney and ask them if they're willing to work for free based on the facts of your case and your financial situation.

However, if your landlord wrongfully withheld the security deposit without reason and without letting you know (assuming the landlord knew your forwarding address), you may not need to find a pro bono (unpaid volunteer) lawyer. That is because Maryland law says that if a tenant wins their case for getting the security...

Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your question.

Additionally, Maryland offers a free "self help" legal clinic in certain District Court locations (such as Baltimore City and Glen Burnie, MD) where volunteers help people fill out...

Q: I'm going on two years where I live.. Last year, my rent went up $30. This year, it's going up 120. Is this legal?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
Landlord/tenant law in Maryland is governed both by state law and also by the law of the county/city where the property is located.

Generally speaking, a Landlord is free to set rent at any rate they deem appropriate. That being said, the Landlord must follow the rules of the lease, so checking the lease is very important when trying to figure out if a rent increase is "legal." Additionally, in a few areas of this State (such as Montgomery Co) a Landlord must either offer a 2...

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