Yes, and no contrary provision in your written lease is legal to alter the 90 day notice to quit requirement for year-to-year leases. However, a lease with a one year term is not a year-to-year lease simply on account of the lease term being one year. A year-to-year tenancy automatically renews... Read more »
Meaning if the seller signs it and holds it for 5 days, the buyer cannot meet the timeline to setup up inspections before the 10 day timeframe. Can the seller state the buyer is at fault for not meeting their deadlines?
Update: Was the response specific to MD or is the precedence valid in... Read more »
Offer + acceptance = ratified contract. Acceptance has to be communicated to be valid; there is no “secret” acceptance of a contract. However, a contract offer that is signed and placed in the mail is accepted on the date it is posted in the mail (unless the offer is made contingent on a... Read more »
I have been renting on a month to month unwritten lease since January. My landlord, on June 29th gave me a verbal 60 day notice to vacate by August 28th. Then on July 8th, gave me a written notice to vacate by July 31st. Is it legal to change the vacate parameters? I have 2 other witnesses who can... Read more »
Month-to-month tenancies require 30 day notice to vacate, so the July 8 notice to vacate by July 31 is not 30 days notice and is invalid. A landlord and tenant can agree to a longer notice, but it is unclear that you have such an agreement in place. You describe the landlord as merely giving you... Read more »
PG County, MD
Year long lease
Expires in May 2022
New Owner took Possession in June 2021
Tenant in good standing. No lease violations.
The sale should have no effect on your lease. A valid lease from a prior owner remains valid in accordance with its terms and local landlord-tenant law. On very rare occasions, the buyer will be unaware of the current tenant, but the far far more likely situation is where the buyer bought the... Read more »
How Do You Prove Adverse Possession Adverse Possession Elements.
This looks like the seventh or eighth Justia question on this from Burtonsville in the last 24 hours. Unless you have:
POSSESSED
OPENLY
ADVERSELY
CONTINUOUSLY, and
HOSTILELY
For the requisite time — usually 21 years but 15 years in DC — you’ve... Read more »
Adverse Possession What Do I Tell The Judge Regarding The Course Of Action That Occurred Occurred On January 01 2020. Regarding The Filing Date Regarding The Quiet Title Action Regarding The Elements Of The Adverse Possession .... Can I Have All Dates To Say (January 01 2020) Regarding The Date... Read more »
This verbal word salad will get you nowhere except an eviction or a trespass conviction. If you can’t name the five elements of adverse possession and explain how you meet them, you need a lawyer. If you can’t afford a lawyer, you can’t afford the property. The state may pay for your lawyer... Read more »
Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?
Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.
The police have absolutely zero to do... Read more »
Your statement: The Law does not stand anywhere. Et tu quo que.
Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.
The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.
I bought the house from the ex-wife; the ex-husband apparently owned the two small barns on the small adjoining lot; with shared utilities from the house. I've been told by a realtor that the small lots cannot be separated from the main property in this way by the previous owner divorcees. I... Read more »
The law doesn’t “stand” anywhere. Your presumably discount purchase and closing resolves who owns what. Get a lawyer to read and interpret your deed and then look to the title insurance to defend your deed. If you have neither a recorded deed nor title insurance, your payment of taxes is... Read more »
You need to review your condo Decalstions, Bylaws, and Rules & Regulations and then evaluate whether there was compliance with those governing documents in creating whatever rule you are challenging. There may be local fire prevention laws, but the analysis starts at the condo governing... Read more »
You would need to review the bylaws and regulations of your homeowner's association as well as the county code to see whether you are allowed to operate a childcare business. You can ask the HOA for authority to support their position that you cannot run the childcare business out of your home.
You are a tenant-at-will, and have no more than a month-to-month tenancy. The landlords may terminate the lease upon 30 days notice at any time.
What sale? By whom? By the surviving joint owner? By the personal representative of the estate? Was ownership titled as tenants in common, tenants by the entirety, or joint tenants with right of survivorship? How the deed is titled determines whether your mother's estate has any interest... Read more »
I paid the mortgage and taxes on the property the last few years before her death. I paid off the mortgage months after her death and have continued to pay the annual property taxes on the now vacant land. I would like to put the property in my name so that I can sell it. I have 2 siblings that I... Read more »
You need to open an estate for your mother, in the jurisdiction she resided in at the time of her death. If that was in the same jurisdiction as the now vacant land, do it there. Once you are appointed executor or personal representative of the estate, you can then sell the property without... Read more »
Can Adverse Possession Be Granted By The Clam Of Right And And The Adverse Clam Statement. ( Non Non Eminent Non Non Preeminent ) ( Non Eminent Non Preeminent )
Your word salad needs a light vinaigrette, because it’s got no relationship to law. Adverse possession has five elements. You haven’t named any of them. There are no clams involved unless you are serving clam chowder or a po’ boy, and I’m guessing it’ll be the latter.
My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?
I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »
You are listed as asking this question in New York, so this answer will not apply to a NY property. However, you posted this question in the Maryland forum suction, so if you are selling a property located in the state of Maryland, the answer depends on whether you are selling the property... Read more »
About 8 of us are heirs to a small piece of property in Vance County North Carolina with a value of approximately $7,000. Can the heirs convey their interest to a single heir using the quit claim process and then the single heir sell the property to a non-heir/unrelated person using a warranty deed?
Any of that could happen, but you need to consider what needs to be done. A derivation of title clause for the heirs' source of title must be drafted and placed in the legal description. An affidavit may need to be recorded first. Quit Claim Deeds convey the estates, but Warranty Deeds also... Read more »
Mike is our landlord. Jeff rents the house from him and his name is on the lease. Jeff is subletting to me, and two other roommates. Jeff moved out but is still on the lease. We have been sending him rent money and utility money to pay the landlord and utilities (in his name). We found out today he... Read more »
It sounds to me like you need to get out in front of this with the landlord as well as the sub landlord. It might be a good idea to review the lease between Mike and Jeff to see if he had the right to sublet. It is likely that you may be evicted, and if the PEPCO bill is in your name, you might... Read more »
we are a 9 unit association. We have an equal vote among us. The officers are elected by the entire group. The officers have certain leeway on fiscal decisions. Should a single unit have more than One representative seated as an officer?
Can those officers be solely appointed by the... Read more »
I assume you have either studied the Condo bylaws and Declarations and read through all the minutes for violations, or you have at least retained counsel to do that for you. So, what are the relevant sections? What do they say? Do those sections violate Maryland Code? What procedures are required... Read more »
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