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Maryland Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: 2.5 years have passed since lease ended. there was an issue with landlord withholding deposit. Can I still file suit?

Unreasonable charges were not itemized. Was not informed or allowed to be present during inspection. Wife was pregnant and we were moving and changing jobs. My concern is whether too much time has passed now for me to sue.

Mark Oakley
Mark Oakley
answered on Dec 21, 2020

You have three years from the date that the landlord was required to return the security deposit or provide you with written notice and an accounting of how your security deposit was applied to the damages/rent claimed owing. That usually means, the earlier of 45 days from the end of the tenancy,... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Who is responsible - Apartment complex or cable company?

Apartment is offered as “cable ready.” There is a defect which causes the cable coaxial cable to become so hot it melts (potential fire hazard). Electrician sent by complex says it’s a cable co issue; cable co says it’s an electrical issue. Please advise who is ultimately responsible to... View More

Mark Oakley
Mark Oakley
answered on Dec 19, 2020

From your standpoint, it is your landlord that is responsible. They have advertised and marketed their units as cable ready. You have a lease with them, not the cable company. Your landlord has not delivered to you a cable ready apartment. They are in breach. The question is, is the beach... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Maryland on
Q: My mom passed in 2015 she had living rights to her sisters property she passed before my mom so my cousin owned it he

Sold the property in late October this year not once over that time did he ask me about it or let me know I had a time frame to get it cleared out I wrote him a week or 2 ago and asked about getting my moms stuff he said it’s gone it went with the house sorry ! I was like why didn’t you let me... View More

Mark Oakley
Mark Oakley
answered on Dec 19, 2020

Your mom passed in 2015, and you never once in 5 years asked about her belongings? The house only sold this past October? I think any court would find you waited too long to assert your rights, and the property left in the house was abandoned. An estate should have been opened for your mother,... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I am a hold over tenant with a court date coming up soon. I am up to date on rent, and my lease has gone month to month

If I lose, am I entitled to an appeal, and if I appeal, may I ask for a jury trial? No money will be owed by me. I am fighting on the basis of retaliation. Thanks. I am trying to approximate how much time I will have in I lose my case in March, 2121. I am chronically ill, Federally Totally... View More

Leonard A Englander
Leonard A Englander
answered on Dec 16, 2020

Good evening,

Well, a lot of this depends on the grounds. If the Landlord gave you proper notice to vacate and your lease term is up (ie month to month) then you will almost assuredly lose the case. All the Landlord has to prove is that a) the lease term is up, b) you were given proper...
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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Maryland on
Q: How do I rectify this situation with my apartment complex? I just want to be treated fairly or retrieve some justice?

I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... View More

Mark Oakley
Mark Oakley
answered on Dec 15, 2020

Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: If I moved into an apartment that had a working intercom and is now broken, does the landlord need to fix it?

I have a month to month lease. I also live several stores up. Unless my fire alarm goes off I do not know there maybe emergency in building requiring me to vacate.

Mark Oakley
Mark Oakley
answered on Dec 13, 2020

It is not a material enough breach of the lease to allow you to terminate the lease, nor is it a serious enough threat to your health and safety to allow for a rent escrow action. So, you can complain about the fact it does not work, but if the landlord fails to fix it, there is little you can do... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Is a MD landlord required to break expenses for repairs into labor/materials?

Management company provided estimate of repairs after move out but no proof of completion or actual costs. Inflated charges, plus the work visible from exterior was not even done (and we are now 5 months after move out). Where can I find in MD code?

Mark Oakley
Mark Oakley
answered on Dec 8, 2020

The standard is “reasonable costs” of repairs, and the way you contest it is by filing suit for return of your security deposit and ask for three times the amount wrongfully withheld. A judge will decide what is reasonable, but the initial onus is on the landlord to present evidence supporting... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: 3 weeks ago my landlord had someone try to fix my electric . well nothing was fixed and they left wires hanging out.

Its been ovee a month since i had electric in my bathroom.

Bennett James Wills
Bennett James Wills
answered on Dec 1, 2020

Consult with a local attorney to review your lease and determine your options. You may be able to file a rent escrow action to get relief.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Tenant won't pay rent and has attorney. Refuses to provide attorneys info

Hello! I am in the military, stationed overseas, and rent my property stateside. My tenant has been late on her payments and still has not paid or communicated as to what the problem is. She is telling me that her attorney will be dealing with the issue. She says attorney won't contact me... View More

Leonard A Englander
Leonard A Englander
answered on Nov 25, 2020

That sounds frustrating. I would advise you to speak to a knowledgeable attorney about this, but in a nutshell:

If you have a valid rental license (if the law requires it that is), I would suggest you file a Failure to Pay Rent. Then, I would suggest you examine when the lease ends and if...
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2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

Richard Sternberg
Richard Sternberg
answered on Nov 13, 2020

By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: In the process of moving the landlord has placed a lock on the door which prevents me from cleaning an removal of items

She is claiming abandonment when I was in the middle of cleaning and removing my personal items and refuses to remove the lock until final utility bills are paid all final bills have been sent to me under my name and arrangements to pay have been made. Is this legal? Can she hold the process... View More

Leonard A Englander
Leonard A Englander
answered on Nov 13, 2020

Hi there,

Nope, that's probably not legal. A Landlord is not allowed to hold your items hostage. I would contact an attorney ASAP, as the devil is often in the details.

Good luck!

3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
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answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

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2 Answers | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Am I being wrongfully evicted?

My landlord had put a masterlock on my door so now I can’t remove the remainder of my property. The lease says I have until the end of November to vacate. She lives in NY and I’m in MD. I don’t understand why she did this but I feel as if it isn’t valid.

Leonard A Englander
Leonard A Englander
answered on Nov 9, 2020

That sounds like an illegal lockout. The only way that it would be allowed is if there was a court hearing and the sheriff's office came to officiate an eviction. It doesn't sound like that happened here. I would suggest contacting the State's attorney's office, as many counties... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What this mean? “Landlord will send statement of reason and amount along with check for any deposit balance.”
Leonard A Englander
Leonard A Englander
answered on Nov 7, 2020

It probably is in reference to a 45 day letter stating the security deposit disposition. By law, your Landlord has to either give you the security deposit back or send a letter itemizing the reason amounts are being withheld.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I’m responsible to make sure my rented home is in the same condition when I move out,Is my landlord held same standards?

I rent a house in Cambridge Md, my slumlord refuses to fix things. I had to call the housing inspector to show him the tub is horribly cracked with cheap paint and has just constantly been repainted over to hide. We moved in March and I noticed the problem in April.He refused to fix it kept putting... View More

Leonard A Englander
Leonard A Englander
answered on Nov 2, 2020

Well, yes and no. Unfortunately, it's very hard to get a landlord (LL) to fix things if it's not directly covered in the lease or under law. So, for instance, if the roof caved in and he refused to fix it, you could go and file a rent escrow.

However, things that are not truly...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What are my options when landlord not providing electricity bill for me to see and asking more and more money each time?

We have not been home last 2 months and somehow the bill went up to $1850. Landlord hasn’t been working and I believe he’s not paying his part of the bill.

Leonard A Englander
Leonard A Englander
answered on Oct 27, 2020

I would tend to say that you have a right to demand to take a look at the bill. I would contact him and explain that you are happy to of course pay the bill, but that you want to see it and make a copy for your records.

Good luck!

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long can a landlord drag out a dispute over replacement costs? Only sporadic responses from them.

Filed a dispute about property damage. Took them 1 month to reply. Now taking another month to reply to our evidence showing that we left the property intact (have a dated photo showing no damage was done and no move-out walkthrough was allowed due to COVID). How long does the landlord get to... View More

Leonard A Englander
Leonard A Englander
answered on Oct 23, 2020

That would really depend on the situation. Have you moved out already and this is in regards to the security deposit or are you still living there?

If you have moved out, then generally the Landlord has 45 days from the date you vacate to either return the security deposit or send you a...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I was evicted from a MD property in December 2015. The property owner is now trying to sue me in 2020 for unpaid rent

Is there a statue of limitations?

Leonard A Englander
Leonard A Englander
answered on Oct 15, 2020

Yes, there is a statute of limitations. However, that only applies to time to file, not overall. For instance, if they filed suit against you in 2017, but only just now got you served, they would still be able to move forward. You will need to check whether or not the suit was filed within that 3... View More

1 Answer | Asked in Collections and Landlord - Tenant for Maryland on
Q: How can a landlord send me to collections, for repairs to property after I have moved out, after living there over 8 yer

I rented from landlord for about 10 years in Maryland. After about 5 to 6 years never could get any repairs, or updated appliances that were failing such as refrigerator, gas stove. They were completely not safe or working properly from normal aging and wear and tear. Front steps were crumbling I... View More

Leonard A Englander
Leonard A Englander
answered on Oct 11, 2020

It would depend on what the damages he claimed were. If they were ordinary wear and tear, which it sounds like it might be given the length of the tenancy, then no, he cannot hold you accountable for it.

If it was for damages beyond ordinary wear and tear (ie. put your fist through the...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I've filed an escrow petition. Has not gone to court. If I'm sued for failure to pay, does the escrow app protect me?

I've filed an escrow petition, but it has not yet gone to court. If I do not pay my rent, I understand that my landlord can sue me for failure to pay rent. What does the law say about situations like that? Does the application for the escrow petition protect me from a lawsuit for failure to... View More

Leonard A Englander
Leonard A Englander
answered on Oct 1, 2020

You cannot unilaterally withhold the rent. That's what the rent escrow petition is for. However, as soon as you get the first hearing establishing the escrow, you can put the rent into the escrow account.

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