How long does a landlord in MD have to sue for damages?

Asked almost 4 years ago - Baltimore, MD

Son rented apt w/boy in MD to go to college. Other boys father co-signed. 9/05-8/06 lease. Summer of 2006 came home to DE to work. My son went down every mo or so to the apt & in found eviction notice on door. He had paid his portion throughout the summer. Come August, the keys still worked in door but the electric was turned off (included in the rent). He went to the office & the other boy had not pd. This was a basement apt & not in good shape but it was impossible to see in the kitchen & bathroom area without light. My son went down to get his stuff out & try to clean. He had rcd bill & I had questioned the amts in 11/06 by certified mail. Never rcd a response. 7/10 they have filed in court for $3000 due to unpaid rent & condition of apt. So question is, how long does landlord have?

Additional information

Son pd his rent each month. Apt was not in good condition when they rented (mold in bathroom). Carpets were worn, etc. There was some damage but to charge $385 to clean a refrigerator? A refrigerator could be bought for that. Court is scheduled for 11/10.

Attorney answers (2)

  1. David Keith Felsen

    Pro

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . The Statute of Limitations in Maryland is 3 years. That means that the Landlord would have to file suit within three years of when his cause of action arose. If the Landlord filed in 7/10, it appears to be too late. However, the Statute of Limitations is an affirmative defense that must be properly pled and presented to the court. Your son can't sit back and say, "its been too long." He has to convince the court that the Landlord's suit violates the Statute fo Limitations. There are several factual issues that must be reviewed to make sure that the Statute was not tolled etc. Please consult an attorney. Good luck.

  2. Neil Stuart Hyman

    Contributor Level 10

    Answered . The Statute of Limitations in Maryland for a breach of contract is generally three years. Depending on exactly when the eviction was done and when the tenants no longer had use of the property, the landlord may have waited too long to file suit.

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