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Maryland Landlord - Tenant Questions & Answers
2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

Mark Oakley
Mark Oakley
answered on Nov 22, 2022

The District Court has forms for starting a rent escrow action. A rent escrow action is where a tenant pays their rent into court, and not to the landlord, beause there remain serious unrepaired or unaddressed conditions in the rented premises that make the unit unsafe, unhealthy or unusable. No... View More

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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... View More

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2022

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 1, 2022

If you wish to remove your name from the underlying note, he must refinance. Period. "Taking over" often means he promises to make your payments, without changing the terms of the note and deed of trust. That must means you remain exposed when he misses a payment.

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: If I'm given 60 days to move out, do I have to move on day 60, or if I leave before, do I have to pay till day 60?

In Maryland, harford county. 60 day notice would be because they have a contract on the house, or claim to.

Daniel Staeven
Daniel Staeven
answered on Oct 27, 2022

According to the notice law in your jurisdiction, you must be out of the property by the end of the 60th day. Additionally, you must pay rent through the 60th day. If you do not leave, you can be sued for unlawful detainer and eventually be kicked out forcibly by the County Sheriff. It is suggested... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: If I'm given 60 days to move out, do I have to move on day 60, or if I leave before, do I have to pay till day 60?

In Maryland, harford county. 60 day notice would be because they have a contract on the house, or claim to.

Mark Oakley
Mark Oakley
answered on Oct 28, 2022

A 60 day notice to terminate your tenancy under a lease commences on the first day of the next rental period; in other words, if you give notice that you are terminating a lease on the 18th of the month, and your rental period runs from the 1st of each month to the end of that month, then the 60... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Deed Transfer for Ground Rents in Baltimore City. I have 8 registered with SDAT, but need the deed transfered to me .

The deeds are in my late grandfathers name. I have the death certificate and inventory list of ground rents.

James L. Arrasmith
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answered on Mar 26, 2024

To transfer the deeds from your late grandfather's name to yours, it's necessary to go through the proper legal processes in Baltimore City. First, ensure that you are legally entitled to the ground rents according to your grandfather's will or the state's succession laws if... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is it legal to offer a month's free rent to my tenant in my house if they were to leave

Is it legal to offer 1 month free rent for my tenant to leave before their lease is up

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

Yes. It is legal to politely ask your tenant to move out, and also provide an incentive to do so. The actions you are describing are not illegal, so long as the tenant understands the he or she has the right to decline this offer. I suggest drafting up an addendum to the lease agreement, that... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: my lease expired April of 2023 and my landlord failed to give me a new lease to sign, do I technically owe 60 day notice

I signed a lease for one year with an end date of April 2023 and have been told the price have increased for my new lease starting may 2023. I have waited 6 months for a new lease and I am now trying to move and is being told I need to give a 60 day notice. I have not signed a new lease to have to... View More

Scott Scherr
Scott Scherr
answered on Oct 30, 2023

You will need to review your old lease to see what happens when the lease expires and how much notice you need to give.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We are in a month to month tenancy in the state of Maryland. Landlord has given us 30 days but I think law says 60
Leonard A Englander
Leonard A Englander
answered on Jun 15, 2023

Generally speaking, yes, the Landlord must give 60 days written notice.

1 Answer | Asked in Consumer Law, Real Estate Law, Internet Law and Landlord - Tenant for Maryland on
Q: Can I take legal action against HABC.org (Housing Attorney of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program with HABC (Housing Authority of Baltimore City). I begin working with the... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Take them to small claims court and good luck. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord charge me for rent for a lease that isn’t renewed?
Leonard A Englander
Leonard A Englander
answered on Apr 17, 2023

If the lease isn't renewed, it will generally divert directly into a month-to-month lease. Provided your landlord is properly licensed and you are still living in the property, then yes, the Landlord can charge you rent.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a 2 year lease and the owner wants to sell. Do I have 60 days from when they say or from the sale?

The house is in harford county Maryland and this is in my lease:

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises have been sold."

Mark Oakley
Mark Oakley
answered on Oct 10, 2022

It seems to me they cannot give the notice until after they have a signed contract of sale (signed by both them and the buyer). The date of the sales contract is the date the property sold, even though closing is at a later date. They are then required to give you written notice, and you would... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm half way through a two year lease and the landlord contacted me saying she wants to sell the house.

They are asking I be avail to let realtors in and have pointed out the following sentence in my lease

" TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises... View More

Kim D Parker
Kim D Parker
answered on Oct 9, 2022

In Baltimore City, tenants have what's called the first right of refusal, meaning, your landlord must offer to sell the home to your first prior to listing the property for sale. Otherwise, the 60-day notice is appropriate and lawful in Maryland.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Does "No trucks in excess of two (2) tons" mean a truck that weighs 2 tons or a truck with a load capacity of 2 tons?

The full clause (from an HOA CC&Rs) says "No trucks in excess of two (2) tons, buses, tractors, trailers, or the like, or any vehicle used for commercial purposes and displaying commercial lettering or signs, may be parked on any Lot or any street, except with the approval of the Board of... View More

Mark Oakley
Mark Oakley
answered on Oct 9, 2022

I would argue that the term "two (2) tons" refers to the classification of the truck and not its actual weight or load capacity, because nearly all pickups and many passenger cars exceed 2 tons in total weight. Open the driver's door to your vehicle, and look at the... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... View More

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I miss my land lord tenant court date can I appleal it
Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

Generally, the answer is yes, but such an appeal needs to be filed within 4 days for a failure to pay rent case and 10 days for other matters, such as a breach of lease, tenant holding over action, etc.

Additionally, often the Court will set an appeal bond to prevent frivolous appeals,...
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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What does this mean?

IfanyprovisionofthisLeaseorapplicationthereoftoanypersonorcircumstanceisheldinvalid,thatinvalidityshallnot affect other provisions or applications of this Lease which can be given effect without the invalid provision or application; and to this end, the provisions of this Lease are declared to be... View More

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It's a bit jumbled together, but it's what known as a "severability clause". Essentially, if any aspect of the contract is found to contravene MD law (for instance, interest set at 10% in a rent case, etc.), the rest of the contract will continue to function regardless.... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How much notice is a landlord have to give a tenant to evict, without a lease & rents month to month in Maryland?

Washington County, Maryland

Leonard A Englander
Leonard A Englander
answered on Sep 19, 2022

It is generally 60 days. However, some of the counties have stricter rules.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: About 90 days ago I moved out of my apartment. I have yet to receive my security deposit back?

I shared a lease. We paid security deposit separately. The unit was cleaned and all property was removed and all keys returned. They haven’t responded to any of my attempts to find out what’s going on with my security deposit. The rental office has a high turnover rate and I can never reach... View More

Leonard A Englander
Leonard A Englander
answered on Sep 17, 2022

Generally speaking, the Landlord has 45 days once you vacate the premises to either return the security deposit or send a letter outlining why it is being withheld.

Did you do a walkthrough confirming the condition of the property? Also, you mentioned that there was a roommate. Has the...
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