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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I recently had a flood in my commercial rental ( I am a dentist renting a property for my private practice)..manager

Wont provide insurance information, as he said once the water is cleaned up he doesnt have to take care of damages or lost wages on my employees or even damage to my floors. What can I do?

Richard Sternberg
Richard Sternberg
answered on Dec 1, 2019

Read your lease. Contact your rental premises, business loss, or other insurance policies (other than your professional malpractice policy). Meet with a lawyer now. Commercial rentals are not residential rentals, and the lease means what it says, but what it says may be subject to favorable... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: can I go after my landlord for hotel fees because I don't have heat
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2019

If there is no heat due to a malfunctioning heating system or something else in the Landlord's control, a tenant can petition in court for something called "Rent Escrow." Rent Escrow basically is designed for situations where some serious / dangerous problem threatens the health or... View More

1 Answer | Asked in Estate Planning and Landlord - Tenant for Maryland on
Q: Grandma/Hubby both on deed. Grandma died & hubby is nonverbal & in LTC. What documents needed for his son to put us out?

Son hasn’t presented any POA, inheritance, guardianship documents but says the premises must be vacated. Step grandfather has been nonverbal for about a year and my grandmother was his POA up to her death on 9/7/19.

Mark Oakley
Mark Oakley
answered on Nov 16, 2019

If he’s not POA, then he cannot act on his father’s behalf unless he petitions a court to appoint him guardian over his father and his property. Assuming he is one of those, he will have to serve 30 day notice to vacate before he can file a complaint for judgment of possession and a court date... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello! landlord/tenant issue how do I get back possession of my house. quickest possible way?

house does not have Use & Occ permit but has city certified rental license. Final Plumbing/HVAC, Final Electrical, Lead Inspected. Tenant I yr lease expires end of month. paid 7 months. in default 5 months. Tenants went to court and got FTPR dismissed bcoz of U & O. I gave them30 day notice... View More

J. D. A.
J. D. A.
answered on Oct 18, 2019

In a tenant holding over action (as opposed to FTPR), there is no requirement that the landlord be in compliance with all local licensing ordinances. There is Maryland case law that the lack of a rental license in and of itself is not a justification for a court to award a refund of paid rent-... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I get out of paying?

My lease ended 8/31/19. My landlord sent me a list of damages that we owe for, the letter was stamped 10/15/19, we received it 10/16/19. MD law gives them “within 45 days”, was this within the time frame? They held my security deposit and sent bill for damages. Also, I believe they are supposed... View More

J. D. A.
J. D. A.
answered on Oct 17, 2019

30 days have September... The statute doesn't say the list of damages has to be received within 45 days. If the landlord actually paid for repairs, they would reasonably need to list that (as opposed to an earlier higher estimate). But if the damages are estimates, the statute merely... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord charge repair deductibles for items such as AC repair due to normal wear and tear?

We are being told that using the AC means we are responsible for normal wear and tear on an aging unit.

J. D. A.
J. D. A.
answered on Oct 17, 2019

Merely using the AC is clearly not outside of ordinary and intended use, and therefore the landlord is on the hook for ordinary wear and tear. Sometimes the tenant is required in the lease to change the filters, and failing to do that could create some responsibility on the tenant.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I was out of work for 3 months because of surgery and I paid half of July and nine of Aug or September. My eviction is

Schedule on the 20th of September. I just went back to work and don’t get paid until 27th. Can I go to the courts get an extra week to pay all of the back rent?

Mark Oakley
Mark Oakley
answered on Sep 11, 2019

Unless there has been two previous eviction filings against you on this same property, the court will grant you a period of time to "redeem" the premises before the eviction can take place, by paying in full all of the past due and current due rent by that date. Generally, personal... View More

3 Answers | Asked in Landlord - Tenant for Maryland on
Q: I was told that I had to have surgery in order to be represented in a suit against the apartments where I reside

I was told that I had to have surgery in order to be represented in a suit against the apartment where I reside the ceiling fell in on me and I have be having back leg and elbow issues they also made me move my apartment on my own to a new unit I need representation because I hw e kids I have to... View More

J. D. A.
J. D. A.
answered on Sep 9, 2019

Medical expenses are a major component of this type of claim, but having surgery is not necessarily required. Lost income and other expenses are also relevant to damages. You should discuss with an attorney.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I need advice on what I should do when I believe I was illegally evicted?
J. D. A.
J. D. A.
answered on Sep 5, 2019

You'd want to discuss all the facts and circumstances with an attorney who practices in the landlord/tenant area.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is there a life expectancy of carpet in Maryland that a landlord can no longer charge for excessive damage?

Tenants lived in a single family rental home for six years. Carpet was newly installed just prior to their move-in; addendum to lease noted that shoes not be worn on carpets. On move out, the carpet was filthy (beyond normal wear and tear) and had unremovable sticky substances (gum, candy from... View More

J. D. A.
J. D. A.
answered on Aug 13, 2019

It could be argued that a carpet would have had to be replaced after 6 years of normal wear and tear due to its intended use. While the "no-shoes" addendum is creative, it may not be the thing to hang a hat on in court. Attempt to come to an agreement with the ex-tenant- preferably in writing.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Current tenant of home that is for sale. Surveillance video was recorded of real estate agent going through belongings.

I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... View More

Richard Sternberg
Richard Sternberg
answered on Aug 8, 2019

It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, can Landlord enter a tenants unit without tenants permission, according to Maryland law?

My Landlord just notified me that he is coming over to show my unit to potential tenants. He did not ask me about permission; moreover, he did not accept my refuse. I cannot give him permission because it's an inconvenient time for me and I'm not able to present there. He does not want to... View More

Bennett James Wills
Bennett James Wills
answered on Jul 31, 2019

Review your lease. Landlords can access the property upon reasonable notice.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in San Diego, CA and am the trustee of a trust that owns a house in MD. Can I file an unlawful detainer online.

The "tenants" are my siblings who have broken the terms of living in the property as laid out in the trust. I have sent them a sixty day notice to quit. One of the people living in the home signed for it. I want them out so that I can sell the house in accordance with the terms of the... View More

J. D. A.
J. D. A.
answered on Jul 24, 2019

Not directly, though there are online (non-lawyer) services that claim to be able to handle evictions. Given the complications in the trust/wrongful detainer matter, that might not be wise (particularly if the eviction might be challenged by the residents). You might also want to get an opinion... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Does an adult who doesn't pay rent or utilities in my home have any rights to stay when asked to leave?

This person (close family member) has lived in my house for two years and I have given them six months' notice to leave. We are at the halfway mark and they just told me that they haven't found a job yet (highly intelligent person with a Master's degree) and plan to invest a large... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2019

If they’re not paying rent, then the document you signed giving them until October is not supported by consideration and is not legally enforceable. A binding contract requires that both parties receive something of value in consideration of entering into it. Your family member gets value (a free... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I stop paying rent, if landlord refuses to fix stove, oven, and leaking gas?

In December I reported to Landlord that neither my oven nor stove work. Actually it stop working before December its been almost a year now. Repeatedly I informed landlord about repairs. He has left several messages and even made appointments for somebody to be at the home to do repairs. The... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 3, 2019

Maryland law has a procedure called rent escrow for situations where living conditions are uninhabitable / hazardous to life/health. The process is started in District Court by filing appropriate paperwork. If the facts convince a judge, it may be possible to not tender rent to the landlord... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Need advice with a landlord taking me to court for last month rent

I signed a 6 month lease (december 2018 - June 31 2019) for a room in a 3 level house and left may 15 due to a hostile/strict environment by the landlord my old landlord is currently taking me to court in august for 800 my security deposit was 800 dollar and I don't understand why hes even... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 3, 2019

Very generally speaking in Maryland a tenant is obligated to pay rent for the full lease term, unless there is an agreement or order to the contrary. (the owner/landlord has a duty to try and rent the place out to reduce the damages) If conditions are hazardous to life or health a tenant may... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can you clarify this eviction?

I was given a 30 day notice from my landlord ( private owner) on June 5th to pay by July 5th. The landlord was paid all but $400.00 of the balance, but he sent me a letter stating he doesn't want the balance and it's June 24th. He wants us to pay the $400.00 balance and move out by July... View More

J. D. A.
J. D. A.
answered on Jun 25, 2019

Not clear if the landlord is giving 30 day notice of terminating your (perhaps month-to-month) lease, or attempting to evict you while you have a longer valid lease. If you hold over (stay in) the premises beyond proper termination, the landlord could file a wrongful detainer. Or, if they're... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter doesn't live with me and isn't on my lease. Is she allowed to have her mail sent to my house? I live MD.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 19, 2019

There is no legal requirement that someone live at their mailing address. People can have a P.O. Box, or mail forwarded to another location/address besides their home.

The post doesn't mention the reason for mail forwarding. There may be circumstances where someone improperly uses...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: in a commercial lease what is the maximum # of months security deposit a landlord can request
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 19, 2019

Whatever the commercial tenant is willing to pay.

The limits applicable to residential leases have no bearing in commercial leases.

You may wish to seek the help of a real estate lawyer to review and negotiate any commercial lease. Because they lack protections built into the law...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a landlord tenant question regarding security deposits?

The Original tenant gave a security deposit of $5000 to rent our home. The original tenant and his girlfriend signed a renewal lease (month to month) the next year. The girlfriend is now trying to sue us to get the deposit back since we missed the 45 day deadline after they moved out. Does she... View More

Mark Oakley
Mark Oakley
answered on Jun 11, 2019

No. She would have had to be on the lease, and by your description, she was not, and she did not pay the deposit. However, if the renewal lease stated that the security deposit will be applied to the renewal lease and the tenants (with her being named as a tenant) retain all rights to the... View More

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