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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What can I do when my landlord kicks me out due to part of the house is on someone elses property?

My landlord told me I have to move out due to there mistake about where they placed the house? Is there anything I can do to have them help us find a place and pay rent being that this was there mistake.

Mark Oakley
Mark Oakley
answered on Jun 2, 2020

You will have to move, and save all your invoices for what it costs you to do so, and then demand reimbursement for the costs. You will not be awarded rent at some future apartment, but you are entitled to all your out-of-pocket costs this causes you. How do you know the landlord is telling you... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended June 26. But I moved to Baltimore around April 10th I told my landlord that. She told me the sooner

I moved my things out she could get someone else to move in. So I moved out April 30th but still paid my rent for may. She found someone to move in the may 11th I believe. She said I will get partial of my may rent back. But I will not get my security deposit.

Mark Oakley
Mark Oakley
answered on Jun 2, 2020

The landlord cannot keep the security deposit if she suffered no loss of rent or other damages to the apartment. Put a request for return of the security deposit in writing, setting forth the address where to mail it to (so she can't claim she didn't know where to send it). In Maryland,... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have tenant with a 2 yr lease. One section of lease said violations would be grounds to immediately terminate lease.

A violation against lease w/ storage of flammable liquids took place in August, 2019. Can I terminate them now in May, 2020?

Mark Oakley
Mark Oakley
answered on May 10, 2020

In cases like this, where a violation of a rule or prohibited conduct unrelated to payment of rent is the basis for the termination, a court will evaluate the violation in terms of whether the breach is a "substantial" breach sufficient to allow the ultimate penalty of terminating the... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Anne Arundel County Maryland give a month-to-month tenant a 30 day notice during COVID-19?

This not due to any unpaid rent, just a change in tenants to accomodate a potential buyer

Mark Oakley
Mark Oakley
answered on Apr 26, 2020

They can give the notice, they just cannot enforce it in the courts until the courts reopen and the suspension of evictions is lifted. Courts reopen June 5, under current orders, but could be extended. Contract provisions and the rights of parties to take actions under their contracts are not... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: When an incident occurs, is it legal for landlords to give out specific apartment numbers of incident to other tenants?

For example, if a crime/incident occurred in my apartment and the landlord sent out its usual message to the other tenants/ my neighbors is it legal for them to include specifics like my exact apartment number rather than giving general info that the incident occurred on this certain floor? Does... View More

Mark Oakley
Mark Oakley
answered on Apr 24, 2020

There is no law that prohibits the dissemination of public information. There is a Constitutional right under the First Amendment that specifically protects the right to free speech, which would include disseminating truthful information to others. You have identified no private legally protected... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Are landlords allowed to go & maintain rental properties under the stay-at-home order in MD, if properties are vacant?

Tenants are moving out, but as an owner/landlord, I need to switch out locks, clean, and maintain the residential rental property. As an owner, if my rental home is vacated, am I allowed to go, under the current COVID-19 MD stay-at-home order?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 21, 2020

At the outset, we are working under a totally new set of rules and while attorneys can attempt a reasonable stab at interpretation, no one has had the ability to see how things would play out if challenged. Under the Maryland order, employees and owners generally may go on-site to non-essential... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can a tenant legally remain in a property that is being sold?

I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 15, 2020

There are two intertwined questions in the scenario. First, can a tenant "legally" refuse to leave if their lease is up and they've been given proper notice? Assuming the appropriate notice has in fact been given, legally, "No."

That said, the second and...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: We rent a house to a single man, his daughter and boyfriend came in to stay with him for a while! a year later we need

out! do we have to give a 30 notice?? since they are not on the rental agreement and pay nothing, what is the legal way of having them removed!! we live in Maryland, thank you!

J. D. A.
J. D. A.
answered on Mar 12, 2020

It depends on all the facts and the lease (whether written or not). It might be properly a wrongful detainer, or tenant holding over, or breach of lease, or failure to pay rent- all are theoretically possible under the limited facts in the question.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a stay of eviction until April 14, 2020. But, Wells Fargo turned off the electricity and I don't know what to do.

Is that a form of self help eviction? What can I do about willful diminution of services?

Richard Sternberg
Richard Sternberg
answered on Mar 5, 2020

Neither DC nor Maryland allow self-help. Turning off the electricity is likely to be wrongful eviction. You should seek out a lawyer or, if you cannot afford one, find a local Landlord-Tenant legal clinic or Kefal Services office.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maryland on
Q: Subsequent remedial activity. Proving that it happened as supposed to it been there fault

In a mold case if landlord says there was no mold and there is plenty of evidence that the tenant had to move for remediation and pictures of remediation. Can the evidence be used to proof that there was mold in those areas of the apartment or is that excluded. It says you can’t proof negligence... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2020

This is something best posed to a Maryland attorney because it would be governed by state rules of evidence, or state exceptions to Federal Rules of Evidence. However, your post remains open for two weeks. As a general premise, you're correct about the way the rules of evidence generally treat... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Quit title (Adverse Claims Statement) Can It Be As In Religion / Spiritual But Not religious / Spirituality

possession / Adverse possession And Or Not && The Statute Of Limitations Time Period Maryland 20 Years

Richard Sternberg
Richard Sternberg
answered on Feb 10, 2020

Huh? I have no idea what you are asking, but the answer is “no.” Adverse possession is a legal concept that has no relationship to religion or spirituality.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Maryland on
Q: My landlord removed all of my property valued over $100.000 and included a pick up truck. 4 days before I was to vacate

That happened in September 2016 while I was out of state. He also broke a lease of farmland depriving me of 11 acres and my 4 acre vineyard (20 yr lease start 2011). Estimated annual income from wines at $7,000,000 conservatively.

J. D. A.
J. D. A.
answered on Feb 6, 2020

Given the amount of time that has passed, it is possible that your potential complaint might be barred by the statute of limitations. You'd need to discuss all the facts and circumstances with an attorney, including the issue of when you discovered the problem(s).

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maryland on
Q: If the lease was never actually signed by me (tenant) or landlord, am I legally bound by anything?

I have been renting now for a year and a half on 12-month contracts. My landlord has fallen through or dragged his feet on numerous projects and am through dealing with a house that is physically falling down around me and my family. We are now going to buy a home but the lease of the rental... View More

Richard Sternberg
Richard Sternberg
answered on Feb 1, 2020

That depends on your state and the remainder of the facts. In some states, a writing with your signature on it, such as the rent check, accompanied by indicia of your assent, like living there, is enough to escape the Statute of Frauds. In others. unless your signature is on the lease, there is no... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My lease expires at the end of the month. I am purchasing a house.

I live in an apartment in Montgomery County. My lease expires at the end of the month. I am purchasing a house.  I gave the Managment company 40 days notice.

They called stating a 60 day notice is required, so I have to pay another month.

When I looked at my lease renewal which... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2020

The terms of your lease control. There is no law that requires 60 day notice. Therefore, either you or the landlord is misreading the lease. Take another look at it. If you still don’t see the notice provision, call the landlord and ask where in the lease you can find it. 60 days is a common... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How many failure to appears are landlords allowed in Baltimore City?

I need this question answered from a lawyer that knows landlord/tenant laws for Baltimore City. I am currently in the middle of a rent escrow proceedings and thus far the landlord has failed to appear for 3 hearings.

Bennett James Wills
Bennett James Wills
answered on Jan 7, 2020

There's not a set number. You should just object to any further postponements and ask the judge for the relief you're seeking next time you appear in court.

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... View More

Mark Oakley
Mark Oakley
answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Lived TH just over 3 yr. Carpet not cleaned at move in. Lease state to clean it at move out, can he keep dep if I dont?
Richard Sternberg
Richard Sternberg
answered on Dec 22, 2019

If your lease contains the fairly common term "broom clean" or specifically requires a carpet cleaning, the landlord can deduct the cost of the cleaning from your deposit. Your claim for him failing to clean the carpet before you moved in is over three years old. In DC or Maryland, the... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: The defendants in our case did not appear at the hearing but have now submitted intent to defend after. Is this allowed?

My spouse and I appeared at the hearing but neither defendant was present. We were prepared to discuss our case but since they did not show, the judge said there was no contest and ruled affidavit judgement that they needed to return our deposit and court fees. Now, when I search the case online to... View More

Bennett James Wills
Bennett James Wills
answered on Dec 12, 2019

It's odd that the court set a trial after you won an affidavit judgment. The proper procedure is usually a motion to vacate the judgment. In any event, appear at whatever date was set and prepare your case or request a continuance if necessary. You would be wise to consult with local counsel.... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Can a landlord still go through eviction process while you are paying the rent owed?

Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 4, 2019

I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible

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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What happens to me since my landlord got his rental license suspended for a violation. I have 9 months left on my lease.

Condominium in Prince Georges County maryland

Leonard A Englander
Leonard A Englander
answered on Dec 3, 2019

Nothing "happens" so to speak. If your Landlord (LL) is unlicensed, you still have to pay rent and are still a tenant. The major difference lies in what your LL can do to you if you don't pay rent. In PG, if the LL doesn't have the license, he/she cannot make use of the Failure... View More

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