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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

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... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

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... Read more »

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2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Do offers that were made but not accepted on real property need to be maintained for 5 years in the state of Maryland?
Mark Oakley
Mark Oakley
answered on Dec 18, 2022

The records retention law applies to licensed real estate professionals in Maryland only, not to non-licensed professionals. A real estate licensee has to keep all records for a minimum of five years after closing for a property that has been sold; or, if the listing expires or the property is not... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... Read more »

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

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... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: I need legal representation regarding a failure to disclose underlying conditions case. Thanks
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2022

A Maryland attorney could advise best, but your question remains open for four weeks. In addition to your own searches, you could try the tab above, "Find a Lawyer." Additionally, many state bar associations have attorney referral services. Good luck

1 Answer | Asked in Family Law and Real Estate Law for Maryland on
Q: My father recently passed but he has a house in his name with someone as well that was falsely added

He purchased the property in 2003 but years later a women was added what should I do

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

Hire a lawyer to look into the title records, and provide a whole lot more details about who this woman was, her relationship to your father, whether she ever was romantically involved with him, or resided in the house, etc. If your father had a will, that should be reviewed. If there was an... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a commercial lease client who says they've installed footing in our arena. Now they want to take it. Can they?

When our client moved in, we had footing. Our footing was replaced and our agreement was that we would retain the new footing after they left. Now they've hired an attorney who is saying they're going to take the footing and leave nothing. Shouldn't our footing be a fixture that... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 30, 2022

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... Read more »

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.

Richard Sternberg
Richard Sternberg
answered on Nov 21, 2022

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... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: We are closing on a home next week. Just found out that the survey of the property stipulate that the 2sheds in the fenc

In the fenced back yard are in a "do not disturb zone". What did that actually mean? The house has a highway on the back.

Mark Oakley
Mark Oakley
answered on Nov 19, 2022

Both the state and individual counties have zoning restrictions affecting development of land in certain protected spaces, including woodlands, wetlands, and along highways, among other locations. These are usually defined as restricting building and cutting of trees or clearing vegetation within... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do the Home Owner Association have the right to stop home owners from walking their dogs on the property.

Or walking their dogs on the community street to get the dogs off the property for a walk on the public street.

Richard Sternberg
Richard Sternberg
answered on Nov 8, 2022

The answer starts with a review of the HOA bylaws. It continues to checking them against the covenants. It continues to reviewing the procedural integrity of the process that created the presumably new rule. And, then, at least as to rules involving public thoroughfares, the result gets checked... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: If there are things coming to light in a house we purchased that we’re not disclosed what can be done
Richard Sternberg
Richard Sternberg
answered on Nov 2, 2022

Consult counsel with details, but those details do not belong on an open, Internet site.

1 Answer | Asked in Real Estate Law and Divorce for Maryland on
Q: How can my ex husband take over the condo? He isn’t on the mortgage though! He won’t be able to refinance?

I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?

What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to

Him?

Baltimore county signed off on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 2, 2022

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but...
Read more »

1 Answer | Asked in Divorce and Real Estate Law for Maryland on
Q: Can my ex husband who isn’t on the mortgage take over? We just got divorced

He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 1, 2022

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... Read 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... Read 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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1 Answer | Asked in Real Estate Law for Maryland on
Q: If a sex offender moved next door and you go to sell your house, do you have to reveal to the buyers that you know?

The real-estate agent selling our house tells us that she must inform all potential buyers about the sex offender now that she has been made aware. Is this the case by MD law? My impression is that it is up to the buyers to discover and neither the sellers or real-estate agent are required to... Read more »

Mark Oakley
Mark Oakley
answered on Nov 1, 2022

Maryland's disclosure obligations in the sale of real property are set forth in Real Property Code Section 10-702, link below. It does not include disclosures regarding convicted criminals or classes of convicted criminals living in the neighborhood. Section 2-120 of the Code specifically... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... Read more »

Mark Oakley
Mark Oakley
answered on Oct 26, 2022

It is almost impossible to imagine a buyer not knowing whether their contract offer was contingent on financing. The financing contingency is the single most important and most common contingency in real estate transactions. If, however, you used the GCAAR forms, then some sellers use a... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2022

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... Read more »

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