Maryland Landlord - Tenant Questions & Answers

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

1 Answer | 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...

Q: If my income covers my rent can my leasing office ask how I support my children and pay bills and ask me to get more inc

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 15, 2018
Cedulie Renee Laumann's answer
Generally speaking a Landlord has the right to set certain income eligibility guidelines for renting -- the LL can make sure that prospective tenants have enough income to pay the rent. A landlord might set a reasonable guideline -- for example, something like rent can be no more than 35% or 40% of monthly income.

That being said, a Landlord might not be able to turn down a prospective tenant based on SOURCE of income (if, for instance someone was paying with a Section 8 voucher...

Q: A long term tenant got married. I gave them a new lease to sign but never noticed that they never sent it back to me.

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 2, 2018
Joseph D. Allen's answer
The husband not being on the lease appears to be a strong defense to your claim that he personally owes you for non-payment of rent. But the promise to pay by him does complicate matters. I'd suggest it would be worth it to at least discuss all the facts of your situation with a landlord/tenant attorney.

Q: In the state of md, in pg county, is buying a house a good enough reason to break your lease early? Or should you wait?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 1, 2018
Mark Oakley's answer
There is no law that allows you to break a residential lease simply because you purchased a home. You could have possibly negotiated that clause in your lease, perhaps allowing you to terminate early upon 60-90 days notice with proof of an accepted real estate sales contract. You might also reach out to the landlord and explain your situation and see if they are willing to be flexible. The alternative is, you buy a home, give notice you are terminating early, and leave. Your obligation: to...

Q: can a landlord refuse tendency if you have a prior arrest record where all charges have been dropped

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Jun 29, 2018
Mark Oakley's answer
Yes, but if all charges were dropped you can file a petition to expunge all the evidence of the charges so they don’t show up on a background check anymore.

Q: Family of 7 living in hotel since March 13, 2018. Haven't been able to pay last three days. Facing threats

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Answered on Jun 29, 2018
Mark Oakley's answer
Go here, https://www.montgomerycountymd.gov/HHS-Program/Program.aspx?id=SNHS/SNHSEMEvictionPrevent-p745.html

Q: i signed & sent in my new lease. They tell me it contained a mistake in the increase of rent.

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Answered on Jun 28, 2018
Joseph D. Allen's answer
The answer to this depends in part on what the lease says about when it becomes effective. If they made an offer (sent you the lease document with the rent per month), and you accepted the offer by signing and returning the lease, a binding contract was likely formed. But the lease or accompanying letter (stating how to accept their offer) may contain other language. Now, if the offer/lease referenced an amount that would obviously be a mistake (e.g. $2/mo. instead of $2k/mo.), then a...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.