The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in...Read more »
Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an...Read more »
If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.
Im current on H1B status and have been so since October. Prior to that I was on OPT. The issue is that during COVID I flew to stay temporarily with my husband (in a different state) but forgot to report it as an address change. When I switched to the H1B status, I reported an address in my original... Read more »
Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an...Read more »
When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?
Also if I filed my case on January 25th and I issued a notice to quit/vacate... Read more »
Generally speaking, the notice requirement is 30 days notice, effective rent due date. If your landlord wants to sell it, that's how much notice he will have to give (ie. May 2021). There is talk of a law prohibiting the giving of notice in MD for a while, but it's unclear whether that...Read more »
Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.
I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »
Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed...Read more »
The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!
If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately...Read more »
Need more facts. What, exactly, is the non-disclosure? That warranty repairs were limited to manufacturer warranties? That disputes under the solar panel contract can only be resolved by binding arbitration in Chester County, PA? Or that the solar panels have a balance due with 48 monthly...Read more »
Our tenant owes 11k in back rent due to pandemic. We sent a certified letter to her to vacate in 30 days as we need to sell. We are trying to prevent the house going into foreclosure. She said she’s not leaving. What rights do we have as landlords?
So, provided the 30 day letter was done properly, you would need to file a Tenant Holding Over action with the District Court. This will start the process for eviction. Unfortunately, the Courts are in Phase 2 so there is no guarantee when the courts will hear...Read more »
Set up Child support in 2016, i believe, making $67,000 yrly. Due to Covid my pay has decreased significantly. Because of this I have reached out to child support for Modification, Unfortunately I was told "You do not need to file a modification your job can only take 65%." I am currently... Read more »
The only was an existing child support order can change is if a court issues a new order. The way you get a new order is to file a motion to modify child support based on a change of circumstances. The other parent can consent to the change by agreement, which would make the process go fairly quick...Read more »
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... Read more »
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...Read more »
If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him
The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the...Read more »
Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... Read more »
My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get...Read more »
An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... Read more »
Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of...Read more »
It is a pandemic and kida are home. I'm a dialysis patient. My kids are home from school. I can't send them back because if they get sick I get sick and I dont want to risk my life. My son received a settlement from a dog bite. I have to open a trust account for him and he is 12.
First, the Maryland Recovery by Minor in Tort Act only applies to recoveries in excess of $5,000, but if the settlement meets that threshold, then the funds must be deposited into a special account by the bank and held until your child reaches the age of 18, when it is paid over solely to him. The...Read more »
An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... Read more »
A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.
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