Unless you confirm with the court beforehand that the court date has been cancelled and postponed, you should assume that the case has not been continued. Failure to appear could result in a default against you. By rule, a motion requesting any elief must be served on the opposing party, and... View More

You list DC as where you are asking the question, but you posted this on the Maryland forum. My answer will apply to both, except licensing of rental properties are different as well as the eviction court procedures, in each jurisdiction. It sounds as though your "landlord" does not own... View More

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

While it is well worth your money to have the lease reviewed and check the local ordinances on landlord & tenant relations in your county, as a general matter, the landlord covenants a safe and habitable residence, and hot water is a part of that. You call the landlord -- preferably after a... View More

First off, let me quote my late, old professor of Business Law back at Penn. "Of course, they can sue. Any idiot can sue. All it takes is a pen, paper, and the filing fee … and on occasion a crayon is substituted for the pen. The question you are trying to ask is whether you can win."... View More

If they were evicted by court process, with service of a writ of possession by the Sheriff, then their return is trespassing, and you should file criminal charges (assuming you are the landlord with the writ of possession issued to you after prevailing in the eviction action). Ordinarily, upon... View More

Maryland law offers "rent escrow" as an option for a tenant living in a place that has serious health or safety violations. The tenant can seek different options, from having the landlord fix the problem, to asking the court to reduce rent or break the lease. It is up to the court to... View More

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the... View More

I would need more information to answer this fully.

You mentioned that there is a automatic renewal clause in the lease that you initialed. Did that automatic renewal clause state that the lease would be renewed automatically for an additional year unless either party takes an action?... View More

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... View More

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... View More

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More

Need to read the commercial lease and ascertain whether the statute of limitations was extended beyond the default 3 years normally applicable to claims of this nature. However, most commercial leases are under seal, meaning you signed the lease with the word “seal” printed next to the... View More

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

Put in writing (letter, email, text--and save it as evidence) that he cannot come back and if he does attempt entry he will be charged with trespassing and breaking and entering. Trespass can only be charged if he receives notice to stay off your property, and you need to prove you gave that... View More

Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... View More

It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... View More

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.

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

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