State Specific Question About: MARYLAND (MD)

Well....quite a few past errors that may be a problem with the judge...

1. 13 months late fees-you should have a lease clause stating that all payments 1st goes to late fees & repairs, then remainder to rent, and if that = non full rent, then you need to file in LL-tenant court right away for late full rent payment.

2. Judge will probably not rule in your favor for letting the late payments pile up that long a time.

3. When you go to court, the first thing the judge will ask you is tha amount due has been paid, i.e. you can respond that a partial payment has been paid, and the amended amount due is XX...

4. Judges will generally give the tenant 5-10 days to pay the amount owed, i.e. the amount determined by the judge's decree.

5. Here in Frederick County, if I file in court, it only takes 7-10 days for the court date to arrive, not sure why you think "will not be served or put till end of month anyway?"

Tricia, sounds like there is a back story. Judges don't like tangled up messes.

Gotta know your judge. Our's will not let us "catch up" on late fees. If our "standard practice" was to allow fees to slide, then he will do the same.

Turnover cost is usually 3 times the rent, so are you willing to "spend" 3 times the rent rather than wait 2 days?

Sounds like you have waited before, why not now?

We have been to court over 1,000 times. First rule: do EVERTHING you can to avoid court because you are giving up control of your situation/property to a judge, a flawed system, and the tenants' free atty.

Work something out, allow a few days, have tenant sign a promissory note and payment plan for what they owe. With this you can get tenant's agreement on the past late fees and "other lease" issues, then you can sue on the note, not the lease.

Help them go to your local charities/churches.

We find that many people simply do not know what help is available or how to get it. Many are young and new to finanicial stress, others are in it for the first time.

I do not know MD law, but in most states, when the rent is late, you serve a __ Day Notice To Pay Rent Or Quit. This gives the Tenant a certain number of days (specified in state law) to pay the rent. If the Tenant tenders (offers unconditionally) the rent during those ___ days, you have to accept it and the tenancy continues.

The tenant has two legal options when served with a Notice To Pay Or Quit -- pay or leave.

Only if the Tenant fails to pay the rent or to vacate the premises within the ___ days do you file an eviction action with the Court.

Most LL-T courts do not let you reach back more than 12 months for late fees and/or rent.