COVID-19 Maryland Q&A by Practice Area

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COVID-19 Maryland Questions & Answers
2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Excuse my ignorance. If courts are not open, how can one evict commercial tenant after they ignore 30days notice

For a nonpaying commercial month to month tenant of a small office condo. Thanks

Mark Oakley
Mark Oakley answered on Feb 14, 2021

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.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

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 »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Have small Maryland office condo with nonpaying month to month tenant. We have been paying condo fee & property tax.

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!

Mark Oakley
Mark Oakley answered on Feb 6, 2021

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 »

1 Answer | Asked in Real Estate Law for Maryland on
Q: I am buyer. Seller did not disclosed information about solar panel contract. Can I refuse to buy and get my depositback

Do I need an attorney or it can be mediated?

Mark Oakley
Mark Oakley answered on Feb 2, 2021

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 »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a Maryland landlord and wish to sell my rental property. Our tenant is month to month. Can we sell during pandemic?

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?

Leonard A Englander
Leonard A Englander answered on Jan 20, 2021

That sounds very frustrating.

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...
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1 Answer | Asked in Child Custody for Maryland on
Q: Looking to see if I can get help with Child Support.

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 »

Mark Oakley
Mark Oakley answered on Dec 28, 2020

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 »

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... Read 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...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

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

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

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 »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

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 »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

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 »

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

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 »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

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 »

1 Answer | Asked in Antitrust for Maryland on
Q: Is the need for a house to home school a child and purchase school necessities a good reason to do a petition on a trus

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.

Mark Oakley
Mark Oakley answered on Oct 8, 2020

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 »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I might partner on 2 rental properties. In addition to a contract, which is better, a lien or being added to the deed?

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

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.

A deed would make one an...
Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: Had court date but pandemic came. Wasn’t given a court date and license for suspended

I got scheduled a court date for 39:3-40 back in March for my insurance I believe. Pandemic came and they scheduled it again for June but courts weren’t open. Just paid that ticket from the courts and it was $153 plus $33 court fees. Before me paying that ticket, I got pulled over again for my... Read more »

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Hi there,

That sounds frustrating. I doubt you will lose your license. In all likelihood, you will show up at the mandated hearing, explain what happened to the prosecutor and if you can show proof that everything is in good order (ie. license is back in good standing, registration is good,...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a Maryland landlord break a lease halfway through the term to sell the property... during covid-19?

I live in Montgomery County MD, and the landlord gave 2 months notice to terminate the lease. The lease contract went until April 2021. What are my rights as a renter? Do I have to allow showings of the house under covid conditions when I did not initiate this termination?

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Under MD law, a lease survives the sale of the property (with one or 2 exceptions). So, if you have a lease that is good until 4/21, the Landlord cannot really give you a notice of termination (unless you have breached the lease in a major way, such as smoking in a non-smoking house, etc.)... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 28, 2020

You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If a man gets a married woman pregnant in Maryland, who is responsible for baby, biological dad or husband?

Would pay support; she is trying to force me to take care of/be a part of the child's life. Told her at 4 weeks of pregnancy didn't want, we always used condoms. She said she was keeping the child and would take care of herself. She is separated from her husband, and has 3 different... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 30, 2020

In Maryland there is a presumption of paternity when a woman is married. As a result, her husband will have to overcome this presumption and if successful, (which he will most likely be based on your stated facts), mom can/most likely will go after the birth father for an establishment of paternity... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: My sister and I have Joint Tenancy and co-own a townhouse; How do we calculate her investment?

I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 27, 2020

Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... Read more »

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