Lawyers, Answer Questions  & Get Points Log In
Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can I be evicted from my commercial space without a lease in place? How much time am I entitled to have to move out?

I own a salon and never had a written lease and the building has been sold and the new owner and I can't agree on terms for a lease and he told me I need to move out by Sunday March 27, 2022. What are my legal rights and how much time do I have to move out?

Mark Oakley
Mark Oakley
answered on Mar 25, 2022

You have few protections in a commercial lease dispute--it is not like residential landlord-tenant law. You admit you have no lease, so I assume you had some sort or oral lease arrangement with the previous owner of the building. The argument would be you were on a month-t0-month lease of your... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am going to court on Friday to collect my judgement in a tenant case along w/damages post judgement. In Baltimore

Besides before and after pictures, a list of my charges, the lease, communication back and forth with the tenant, is there anything else I need to bring. In addition, since I won the eviction case do I need to have legal representation or will the judge just honor the judgement.

Leonard A Englander
Leonard A Englander
answered on Mar 23, 2022

You should bring any and all documents that support your claim. Often, that is a copy of the lease, a ledger, photos of any claimed damages, invoices/estimates of the damages and any other ancillary proof that you happen to have.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do you remove a tenant from your home in Oxon Hill Maryland

I have a Durable POA on my brother who recently allowed a woman to rent out his extra bedroom. The woman was to leave in December 2021 and now he cannot get her to vacate his residence.

Leonard A Englander
Leonard A Englander
answered on Mar 18, 2022

You and/or your brother will need to give her 60 days notice to vacate (make it effective the first of the month {ie April 1st, 2022}. If she doesn't leave, then you would have to file a tenant holding over action with the Courts.

Alternatively, if she hasn't paid rent and if you...
View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We received a court summons for failure to pay rent. We do not owe money and never missed a payment. What do we do?

The office already acknowledged this and signed off on it. We received another summons and I contacted the office and they again said we do not owe. We are confused.

Leonard A Englander
Leonard A Englander
answered on Mar 11, 2022

This happens fairly frequently actually, especially these days. Odds are good that it's from a Failure to Pay Rent that was filed quite a while ago which you have since paid.

I would reach out to the Landlord and get them to give you some written assurance that the case is going to be...
View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security Deposit wasn’t refunded after 45 days

I terminated my lease and did not receive list of charges for deposit within 45 days and after several requests. The landlord sent the charges(not itemized) and refuses to refund my deposit. I am in Maryland. Would it be worth it to go to court?

Leonard A Englander
Leonard A Englander
answered on Feb 14, 2022

Possibly. A lot would depend on the facts of the case. Certainly, if the damages claimed are real and are beyond ordinary wear and tear, I would hesitate to file. However, if you left the house in good condition and can prove it, then it becomes more viable. I would consult with a knowledgeable... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

Leonard A Englander
Leonard A Englander
answered on Jan 28, 2022

Generally speaking, the Landlord is supposed to give advanced notice if he/she wants to come on the property to inspect, etc., but very few counties have actual rules on the books on how advanced that notice has to be.

However, the Landlord is certainly allowed to come onto the property...
View More

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander
answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
View More

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... View More

Richard Sternberg
Richard Sternberg
answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... View More

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley
answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a MD residential rental lease be amended to be terminated on the death of a landlord?
Mark Oakley
Mark Oakley
answered on Dec 13, 2021

By agreement of all parties to the lease, yes. Unilaterally by only one party or their successor in interest, no.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My mobile home park is requiring to remove my summer tires which I store under my deck for the winter and tool boxes.

Is this legal as we own the trailer but rent the lot?

Mark Oakley
Mark Oakley
answered on Dec 11, 2021

Read the lease terms on the lot rental contract, the mobile home park rules and regulations that are posted and made part of that contract, and see what is and what is not covered under those terms that you signed. These things are generally a contract issue.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Behind on my rent due to covid. I received $18000 aid to pay my back rent. I have now been issued a notice to quit. he

My office has still not opened so I am not able to work. DHHS paid $18000 in back rent. I have now received a notice to quit. I was not able to renew my lease in August 2020 because of COVID and not working and I am month to month. Is there anyway to stop the notice to quit without paying the full... View More

Shaneka Johnson
Shaneka Johnson
answered on Dec 3, 2021

This all depends on the terms of the agreement your Landlord made with DHHS in exchange for accepting the emergency rental assistance funds. Much of the pandemic rental assistance required landlord to sign an agreement to not move forward with eviction for a certain period of time following their... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Must I allow the county government to inspect my rental unit for cleanliness? This was not my landlord but the county.

I am not a tidy housekeeper- but I don’t have any insects or anything like that - just unpacked boxes and bags of clothes. My building recently installed new fire alarms and thus, I had to let engineers in, they saw the clutter - today the county knocked and asked to come in and inspect- I would... View More

Mark Oakley
Mark Oakley
answered on Nov 5, 2021

Clutter, especially stacks and piles of paper, cardboard and the like, is deemed a fire hazard, especially in an apartment building since so many other residents could be affected by it in a fire. The hazard is that paper burns fast and hot and dense stacks of it accelerates the spread and... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... View More

Mark Oakley
Mark Oakley
answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander
answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... View More

Mark Oakley
Mark Oakley
answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: How do I set up an LLC with rental property?
Shaneka Johnson
Shaneka Johnson
answered on Oct 18, 2021

An LLC established for real property ownership is no different than an LLC formed for conducting another form of business. You will need to file articles of organization. Secure an Employer Identification Number (EIN) and Maryland Tax ID Number (if your LLC is formed in Maryland). Post formation,... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Does the landlord have a right to charge returned check fees on a “lost” and canceled check?

Wells Fargo Bill Pay rent check was late. Late enough to be over 5 days past due. Allegedly. Once LL reached out, rent was paid via PayPal. Stop payment on late check was placed. LL later tried to cash late check. LL is now charging late fees plus bounced check fees as it seems he tried to cash the... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2021

If you paid via PayPal, and the Landlord received the PayPal funds before he tried to cash your late check, then your Landlord had no right to try and cash the late check and receive double payment, so he has no right to charge the bounced/returned check fee. If your payment was late, and your... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What do you do when a tenant moves and damages cost more than security deposit?
Leonard A Englander
Leonard A Englander
answered on Sep 23, 2021

You would need to make sure to send out a security disposition letter within 45 days so that you don't run afoul of MD Real Property Art. 8-203. The letter should be an itemized list of why you are withholding the security deposit and should be sent to the Tenants last known address. Make sure... View More

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.