Evictions
Before a tenant can be legally be removed from a rental property in Maryland, the landlord must usually obtain this from the court.
What is Warrant of Restitution, or judgment for possession or an eviction order?
This term describes a tenant who remains in a rental property after the lease has expired without the landlord's permission.
What is tenant Holding over?
The tenant's rent is $1,000 per month. The tenant pays the rent by the 1st of the month by handing the landlord $1,000 in one dollar bills. The landlord files a failure to pay rent because the landlord does not feel like cashing all of that. Tenant has this defense.
What is the landlord must accept all forms of payment?
Gary's landlord says, "I changed the locks because I was feeling productive today." Maryland law generally calls this type of eviction...
What is self-help eviction?
In a failure to pay rent case in Maryland, this is the minimum number of days of written notice a landlord must give a tenant before filing a court action.
What is 10 days?
A tenant is behind on rent.
What is a Failure to Pay Rent
The tenant and the landlord are friends (or used to be). The parties got in a heated argument in May about the landlord mowing the tenant's grass at 3 a.m. multiple times a week. The landlord writes the tenant a note that says "If you don't like it, you can leave. Consider this your 60 day notice." and posts the note on Tenant's door. In June, the tenant and landlord are both in the yard and realize they support the same football team, which brings them together again. The landlord texts the tenant later that night and says "I'm sorry about the note, you don't have to move out. I want you around for football season." The tenant replies "ok."
The landlord files for Tenant holding over in August. The Tenant raises this defense.
What is the notice was voided by the texts, which constitute a new lease agreement.
ina reports that her apartment ceiling is leaking. Her landlord replies, "Just pretend it's an indoor waterfall—very relaxing!" Maryland law generally requires landlords to do this.
What is make necessary repairs to maintain a safe and habitable rental property?
A tenant may challenge a Failure to Pay Rent case by arguing this basic point.
What is that the rent claimed is not actually owed or has already been paid?
Even if the lease has expired, a landlord generally cannot do this to force a tenant to leave.
What is change the locks, shut off utilities, or otherwise perform a self-help eviction?
A tenant lives in a LIHTC property. The property prohibits any kind of large parties in the units. Mary decided to have Susan over to play go fish. To Mary's surprise, Susan showed up with 25 of her friends from the bingo hall, stating they all wanted to learn how to play go fish. Mary was sitting on her back patio when the group walked in, and was shocked to see so many people in her apartment. The landlord saw the 25 people enter her apartment and immediately filed for breach of lease. Mary has these defenses.
What is
* The breach was not substantial
* Mary did not invite the people
* The breach can be cured (by not inviting people in the future)
* A one time event that can be cured does not warrant eviction
Larry's pet goat eats part of the lease. Larry argues that because the goat destroyed it, the lease no longer exists.
What is No the lease is still enforceable even if the paper copy is damaged or destroyed?
Under Maryland law, this is the only official person or entity legally authorized to execute a physical eviction and lock a tenant out.
Who is the County Sheriff?
The lease strictly prohibits any pets in the apartment. Jerry has four lizards, seventeen fish, three cats, and a dog. All three cats are registered service animals. what action might the land file against him when the landlord finds out.
Bonus which animals will Jerry probably need to remove.
What is Breach of lease?
Bonus what is the dog, lizards, and the fish. All three cats can stay.
Harry was invited to go to Europe with his grandparents for the summer. Harry decided to save money, he would sublease his apartment to Jennifer. However, the lease Harry signed strictly prohibits subleasing. The landlord files a breach of lease against the new tenant for moving in there without his permission. What defenses could the new tenant have?
What is
* This was the wrong action filed
* If the landlord is alleging a breach of lease, the landlord cannot prevail if he states there is no lease
* Harry is the one breaching the lease
Kevin receives a notice from his landlord saying, "Move out tomorrow because I need your apartment for my superhero headquarters." Kevin knows a landlord usually must follow this requirement before ending a tenancy.
What is giving the proper notice period required by the lease and Maryland law?
Maryland law provides tenants in many Failure to Pay Rent cases with this ability before the eviction is completed by paying all amounts required by law.
What is the right of redemption?
Cindy was invited to stay at her friends house this summer. Cindy did not have to pay anything but she did do the grocery shopping and mows the lawn. At the end of the summer Cindy never moved out. It was not until November that her friend asked her to move out/go home. Cindy thought they were having a good time and valued the work that she did for the household at over 3,000 dollars. The friend did not change her mind. If Cindy is evicted, what would be the proper action?
What is Wrongful Detainer?
A tenant decided not to pay his rent for 8 months. The landlord finally notices he is missing some money, checks the tenant's ledger, and sees the tenant is behind $16,000 dollars in rent. The landlord gives the tenant a 10 day notice that he is going to file a failure to pay rent. The tenant, however, has text messages that document several dangerous conditions in the home, such as peeling lead paint, a hole in the roof, a pigeon infestation in his home, and no heat. Each time the tenant texts the landlord about it, the landlord replies "lol. Afraid to get your hands dirty? Stop texting me stupid stuff."
The landlord files a failure to pay rent complaint 12 days after the notice. The complaint is perfectly filled out and not defective. The property was certified lead paint reduced risk this year.
Tenant raises these defenses
What is
Rent escrow and Warranty of Habitability violations by the landlord
The landlord failed to fix the conditions in the home
The lead paint certificate might be null due to the change in conditions of the paint (peeling, not sealed)
Gerald receives a notice from his landlord in May stating that the landlord wishes to end the lease August 15th Gerald is on a month to month lease Gerald says " actually no I want to keep living here i don't care what you say." Gerald rips up the notice and throws it in his landlord's face. Gerald does not move out August 15th. What might his landlord file against him if he wishes to evict Gerald.
What is Tenant Holding Over?