We'll help you find the right solution for your needs
Does this sound like your topic?
Once a judgment against someone for Tenant Holding Over is rendered in Prince Georges County, Maryland, what happens next? Approximately how long would he have before he is set out by the Sheriff?
You statutorily have to wait ten days from the entry of judgment to allow the other party to file an appeal. Once that ten day period has expired, you can file a Warrant of Restitution with the District Court. This will take a few business days to be processed. Once approved, it will be mailed to you and the Sheriff's Office. You can then contact the Sheriff's Office to schedule the eviction depending on their availability.See question
Does the purchaser of a home in Prince Georges County, Maryland have to be a licensed landlord in Prince Georges County, Maryland to file a Complaint And Summons For Tenant Holding Over under Maryland Real Property 8-402 against someone in Prince ...
You are not required to hold a county license as a landlord to file a Tenant Holding Over action. To file a Tenant Holding Over action, though, you must have previously issued notice to vacate - typically at least 30 days, or more if set by the lease. In this case, though, if the person occupying the house is not a renter, you would want to file a Wrongful Detainer action, challenging their legal right to occupy the property.See question
is there a way to get this off without paying I tried to offer the company a settlement but they aid no!
The company is not obligated to accept a settlement amount. You should know that judgments in Maryland may accumulate statutory interest of 6% for rent and 10% for other judgments. Other causes for a judgment to increase can be the court costs spent by the plaintiff to try and collect on the judgment. You can try to file a motion to vacate if there was a defect in service and you have a legal defense, but given the amount of time that has passed, it will probably be difficult to set aside. You should know that due to the age of the judgment, the court will normally not consider changing the judgment except for limited circumstances (clerical error, mistake by the judge, or fraud). You may be better off trying to negotiate a payment plan with the plaintiff or trying to save up enough money to make a significant lump sum payment. Some creditors will accept a lump sum payment with a discount from the full judgment (10-30%), but there is no requirement that they do so.See question
Tenant signed an addendum in 2013 accepting full responsibility of the water bill and now refuses to pay their portion stating that they didn't receive a bill. In October2014 I noticed the total amount due and started sending copies of the curre...
No, there is not a three day eviction law in Maryland. The fastest course to pursue is the Failure to Pay Rent hearing. A breach of lease action requires prior written notice and request to vacate in 15 days (if there is clear and convincing grounds that the tenant is a threat to themselves, other tenants, landlord or landlord's property) or 30 days, filing the breach of lease, and a judge finding at trial that the tenant materially and substantively breached the lease and the breach warrants eviction.See question
My landlord did not evict me through the courts but changed the locks. I was told to leave in 48 hours but refused and asked for 2 weeks. The landlord disagreed and I continue to stay and didn't pay my full rent. After. One days the locks were cha...
You have a cause of action against your landlord for illegal eviction. A landlord cannot change the locks on leased premises unless you have surrendered the premises. You can sue the landlord for the value of the belongings damaged or lost, as well as your damages as a result of the illegal eviction. It does not sound like you can file a rent escrow action - rent escrow actions are for when the leased premises have a dangerous condition or lack of a vital service, like lack of heat, lack of water, or other threats to health. You should seek legal counsel about the best way to proceed and prove your damages.See question
I got served a 30 days eviction noticed and got another restricting me from getting around the perimeter of the leasing office because, I complained that my car was broken into and required a replacement parking sticker. I got upset because the ma...
Your lease may have an automatic renewal provision. That automatic renewal may be month to month or year to year. It is easier to evict a tenant for holding over after an expired lease than to evict a tenant for breaching a lease. You have a right to resist the alleged breach of lease. If you refuse to vacate, the landlord's next step is to file a Breach of Lease action with the District Court. There will be a trial (if you oppose the action) where the landlord will have to prove that you materially breached the lease and that your breach is worthy of being evicted. That is up to the judge.See question
If someone qualifies for low income housing, are they allowed to sublease to someone else who wouldn't qualify for low income housing? The leasing office has no idea about the arrangement. The original tenant does not live there and they are charg...
Typically, leases prohibit subleases without approval from management and most leases require the tenant to actually occupy the premises. Further, if it is low income housing, the subletting tenant is likely committing fraud by accepting income that they are not reporting (to maintain their low income housing eligibility).See question
I live out of state (San Diego) and my tenet works crazy hours so it would be hard to send a certify letter that she would have to sign, could I send it to her email? and still send another using fedex
First step in a landlord-tenant situation is to review the lease. What language does your lease contain regarding non-renewal notices? Does the lease contain any language regarding the form of the non-renewal notice or manner of delivery? Second, is to check the relevant statute. The Maryland tenant holding over statute does not address the form and manner of notice. I agree with other counsel that you should mail and Fedex the notice (in addition to e-mail). I would also recommend sending a copy by first class mail and pay for a certificate of mailing from the Postal Service which confirms that you sent an article of mail to the tenant on a particular day.See question
I own my home in MD. My girlfriend was living with me. She is not on the mortgage nor deed. I did not have her on a lease, but she was helping pay bills. We broke up. She moved out with her essential things, but still has most of her belongings to...
This matter is slightly complicated. Normally, a person staying in your home without a lease but with your assent has no right to stay there if you ask them to leave. There is no statutory minimum notice for giving a notice to vacate to someone without a legal right to occupy your residence. But, if your girlfriend agreed pay certain bills each month for living in your home, you could have an oral month to month lease. If you did not have such an agreement, your girlfriend has no rights to occupy your home. If she were under an oral month to month lease, you would have to give her 30 days notice to terminate the lease. If she gave you notice to stop the arrangement, she could terminate the lease. If she stopped paying, but did not terminate the lease, you could file a rent action to schedule an eviction. If her things are still there, though, I think a judge would look for a degree of reasonableness of notice and how you dispose of the items since you allowed her to bring them into your home. I think if you trash out or dispose of her things without giving her a chance to retrieve them, she could successfully sue you for the value of those items (considering their used state, not replacement value). To protect yourself, I would give her 30 days notice in writing (which would have to be May 31st now since the notice must be for the end of a month) either terminating any arrangement or accepting her termination of the arrangement, if she already did. I would give her a reasonable amount of time to retrieve her items under supervision with at least one other witness for your protection. You can change the locks. If she does not retrieve her things during the reasonable time period, I would tell her in advance in writing when and how I would put her property out for her retrieval. The more notice, the more precautions taken to protect the property, the less chance you have of being liable for damages to her.See question
My brother and sister in law have a baby together and my brother has 3 children. Upon agreeing to separate, the two verbally agreed to a schedule identical to his other children schedule. My brother works at night and is the primary caregiver for ...
There are many possible results in a case as you describe. If your brother can establish that it is in the baby's best interests to be in his care - because he's a better parent, more willing to make sure that both parents have time and meaningful relationships with the baby growing up, and other factors - he may ultimately win custody. It definitely is not helpful that your sister-in-law has the child but her denial of access or visitation may hurt her ultimately when the case is tried if they cannot work out a reasonable schedule.
With regard to your nephews, I think a large factor will be their age and how close in age they are to the baby and how they interact with the baby. If they are teenagers, the court may view them as not likely to be involved with the baby, unless it can be established that they value and spend time with the baby. If they are younger, the court may view them as capable of forming important bonds with their half-sibling, or that they may pose too many demands on your brother. The critical factor becomes the testimony presented and nature of the relationships between these family members.