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COVID-19 Maryland Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... View More

Mark Oakley
Mark Oakley
answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: After 5 yrs, our landlord told us we have a month to move out bc he is putting house for sale. Do we have any rights ?

We've always paid our rent even during covid. Is there any rights we have to get at least another month? We have 5 kids and 2 of us. It's hard finding a place now that is 3bd and not ridiculously expensive in such a limited time frame.

Leonard A Englander
Leonard A Englander
answered on Aug 30, 2021

The answer is, unfortunately, not really. Landlord's have the right to give notice to a tenant at the end of a lease term. It sounds like you were on a month-to-month lease (correct me if I'm wrong as it would change the case entirely).

However, it's not like they can just...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... View More

Mark Oakley
Mark Oakley
answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... View More

2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2021

It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Per MD Code Real Prop § 8-203.1 can a landlord refuse tenant to be present during move out inspection due to Coronavirus

To be more specific, the property manager will not allow me, the tenant, to be present during the move-out walk-through inspection due to covid. Thank you

Leonard A Englander
Leonard A Englander
answered on Jun 22, 2021

Just seeking a bit of clarification here:

Are you asking if the Landlord can choose not to come or asking if the Landlord can refuse to allow the Tenant to be present?

For the former, you could allow an agent to take the place of the Landlord to conduct the walkthrough. For the...
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1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley
answered on May 7, 2021

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... View More

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley
answered on May 6, 2021

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... View More

3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Mark Oakley
Mark Oakley
answered on May 3, 2021

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.

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1 Answer | Asked in Immigration Law for Maryland on
Q: Not sure how to report address history on adjustment of status paperwork

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... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 24, 2021

Write in the addresses that you now remember. Make sure you have both documents and explain what happened at the interview.

1 Answer | Asked in Employment Law for Maryland on
Q: can my employer force us and make it mandatory to get the covid vaccine or be fired

my job made it mandtatory to get the vaccine or lose your that legal? can they do that?

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 14, 2021

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... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

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... View More

Leonard A Englander
Leonard A Englander
answered on Mar 30, 2021

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I have an 18 month lease that will expire at the end of June 2021. My landlord has decided to sell. I live in Maryland

How much written notice must he give me? What if I can't find another place? Am I protected by Covid? I am not behind on my rent.

Leonard A Englander
Leonard A Englander
answered on Mar 15, 2021

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... View More

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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... View 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... View 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... View 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... View 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... View 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... 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 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.

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