State Specific Question About: MARYLAND (MD)

It's me again. I have to go to court tomorrow. I along with my brother and mother walked in on my tenant taking belongings from my home. I had repeatedly informed her to get her things and the court ordered her to do so. She did not comply.

She had the court some how grant a continuance. Now tomorrow is the court date. What should happen? I'm told I should drop the case. Had I not walked in on this "person" she probably would have robbed me blind!!!

This person is/was living in your home with you correct?

I don't know what you should do.

First time for everything.

She was an EX tenant who owes for three months of rent. She moved out at the end of her lease.

No I have it wrong. I just went and read old posts of yours.

So I have to ask you. What kind of possessions do you have? Is it anything of value to you? In all of these months since they are out of your rental property have you cleaned it up and re-rented it? Or is it still sitting empty?

The Garage you have these items inside of. Is this the garage of the rental? Or is this your personal residence garage?

Last question. Did you follow your state procedures for getting rid of these possessions? When they did not pick them up on the allocated day. Did you send them a letter telling them what you were doing next as your state law tells you to do?

Have a auction. Advertise in the newspaper?

Wait for IRISH to respond, But You should have given her the stuff, and change your locks.

This is Maryland law. That is the right state for MD isn't it? I get confused with the M-&V- states....

If this is the right info. Were all of the procedures carried out? Or no? Where did it go wonky?

Do you have a lawyer for this? Or is this all

in small claims court?

Procedure

As soon as a rent due date has passed and the tenant has failed to pay the rent, the landlord or his agent or attorney may file a written complaint under oath or affirmation, asking for repossession of the premises, the amount of rent due, and court costs. The landlord must specify on the complaint: (a) the amount of rent due for each rental period under the lease; (b) the day the rent is due for each rental period; and (c) any late fees for overdue rent payments.

The constable or sheriff notifies the tenant, tenant's assignee or sub-tenant in the dwelling unit, or tenant's known or authorized agent, by first class mail and also in person. If none of the above can be found, the sheriff or constable will post the summons in a conspicuous place on the premises. The notice orders the tenant to appear in court for a hearing on the fifth court day after the complaint was filed by the landlord. (A court day is a day on which the court is open and doing business.)

The trial is to be held on the fifth day after the complaint is filed. (This is not followed in all jurisdictions.)

At the trial, the judge has the authority to order an adjournment for one day to permit tenant and landlord to obtain necessary witnesses. If both tenant and landlord agree, the adjournment may be for a longer period.

When the trial does not take place on the fifth day after the complaint was filed by the landlord and the complaint so requests, if the tenant has not become current in payment of rent since the filing of the complaint, the court shall enter a judgment in favor of the landlord for possession of the property and determine the rent and late fees due as of the trial date. The determination of rent and late fees shall include the rent claimed in the complaint, the rent accruing after the date of the filing of the complaint, late fees accruing in or prior to the month in which the complaint was filed, and credit for payments of rent and late fees made by the tenant after the complaint was filed.

If the tenant is not present at the hearing, and if the notice was sent by first class mail and the summons was posted on the property, that constitutes sufficient service to support a default judgment in favor of the landlord for possession of the premises and court costs, but not for rent due. However, if the court finds that the actual service on tenant was sufficient to support judgment in tort or contract, the court may also award landlord the amount of rent due.

"Service sufficient for tort or contract" means (1) personal delivery of the notice to tenant or to an agent authorized by appointment or by law to receive service of process on behalf of tenant, or (2) delivery of the notice by registered mail, return receipt requested, and the return receipt is received and signed by tenant.)

If the landlord wins the case, the court will order the tenant to leave the dwelling within 4 days after the trial.

The judge may grant an extension of time for surrender of the premises for a maximum of 15 days after the trial if he receives a certificate signed by a physician stating that surrendering the premises within the 4-day period would endanger the health or life of the tenant or another occupant.

Tenant or landlord may appeal the court order within 4 days after it has been issued. If tenant appeals he will be required to post a bond with one or more sureties who are owners of sufficient property in Maryland.

If the tenant has not moved out within the time ordered, the landlord may seek a "Warrant of Restitution". Then, as soon as the landlord can make arrangements with the constable, the landlord may move the tenant's belongings out of the premises. If the landlord does not request a warrant of restitution within 60 days, the judgment for possession will be stricken from the record.

In the event of "extreme weather conditions", a scheduled eviction for non-payment of rent may be postponed from day to day. The administrative judge of the local District Court has the authority to order the postponement. When weather conditions permit a resumption of evictions, the postponed evictions will be given priority and will be completed within 3 days after the extreme weather conditions end.

At any time before the actual carrying out of the eviction order (i.e., before the tenant's goods are removed), the tenant has the right to remain in the leased premises by giving cash, a certified check, or money order to the landlord or his agent to cover all past due rent and late fees, plus court-awarded costs and fees.

However, the tenant's right to stop the eviction (redeem the premises) at any time before the eviction order is actually carried out, is not available if 3 or more judgments of possession for rent due and unpaid were entered against the tenant in the 12 months prior to the beginning of the pending eviction action.

This part here has me concerned. Was this carried out to the letter?

If the tenant has not moved out within the time ordered, the landlord may seek a "Warrant of Restitution". Then, as soon as the landlord can make arrangements with the constable, the landlord may move the tenant's belongings out of the premises. If the landlord does not request a warrant of restitution within 60 days, the judgment for possession will be stricken from the record.

You go to court tomorrow with every piece of documentation you have. All court documents police reports pictures witnesses certified letter receipt notices.You want a solid paper trail.

Check your emotions at the door. Address the Judge ONLY as Your honor. Dress impeccably. Be organized. Present your case calmly concisely. Speak when spoken to. Do not engage in dialogue with your ex-tenant. Or speak out of turn. Zip it even if the tenant is spewing lies. Prove that she lied with your documentation.

Nothing inside the garage, which was part of the rental residence was of value to me. The judge ordered her to get her things, giving her two separate dates. She did not comply. I sought legal advice which was to send her a certified letter and to come and get her things. She still refused. So I packed her photos and left them at her new residence. When I got to my home, I found her removing her things, blood all over the driveway, since she broke glass to get in.

This was not a roommate situation. This was and ex-tenant is wreaking havoc. I went to landlord tenant court back in February. The judge gave me possession of the property and awarded me a judgment for $3500. At the hearing, the ex-tenant spoke up and declared she was moving out at the expiration of the lease, which she did. She just happened to leave my rental property in shambles and left belongings behind. Immediately I changed the locks. She showed up, attempting to break in, loud, cursing, and was arrested for disorderly conduct. I filed a peace order which was dismissed because the judge believed the case to be landlord tenant in nature.

So she decided to break in and get her things.

Hey Josh, All

In court today, the ex-tenant(s) showed up with their attorneys. The state attorney spoke with me about a plea bargain. The ex-tenants pay for their damage and get their records expunged after three years. They want a jury trial. This is a criminal case now for breaking and entering and destruction of property. Their attorney wants to fight it as a landlord tenant case!

Josh, All