State Specific Question About: MARYLAND (MD)

My property is in Montgomery County, MD. This looser is still giving me trouble at this very end of the lease.

BACKGROUND: He's money, but doesn't pay on time at all all year, eventually pay after pressure, accumulates late fee, so is with utility payments, etc, etc. Do not pick up phone calls for necessary communications, nor reply to email, just stay goofed off until ultimatum is given, or filed in court for Non Pay, etc.

CurrentSituation: Lease ends 5/31, gave notice of non renewal and Moveout 4/30, didn't pay May rent yet, see no sign of paying either, filed 5/2 for non pay of rent in Dist Court, Rockville. Sent follow up notice for showing the property to others, of his MoveOut plan asking - when, how, any walk thru, etc before moving out, remains non responsive as of now after two days. Clock is ticking, will start showing to prospects soon thru my realtor. Don't know how much receptive he'd be or give any resistance to showing others.

Question To fellow LL Experts: Am I doing alright so far? What else can I do at this point to ASSURE he indeed moves out by end of May. Do I need to file anything on this anywhere else. Seems like he is playing with both last month's rent and moving out. What's the next step for forcing him out by end of May? Am I too late for any step filings. Please help me for my first time forceable move out. TIA.

I don't know MD law, but here in VA we're required to post a 5 day pay or quit notice. If the rent isn't paid on the first, I send the notice out on the 2nd. After 5 business days have passed, I file an unlawful detainer. Within 3 weeks I'll have a court date, where I'm usually granted a writ of possession.

It sounds like he's trying to play the "use my security deposit for this month's rent" game. Don't allow it. Follow your state's laws. Post proper notice and if he doesn't pay after the notice expires, file an unlawful detainer and proceed with a legal eviction, otherwise you're going to be left with damages and no SD to cover them.

Given the situation, don't start showing yet. You need to make sure he is out and the home is ready before you show.

There is no way to assure he does get out by the end of May. Since he hasn't paid May rent and has a history of paying late, you started the process by filing the paperwork with the court.

Vogol,

We’ll advertise COMING SOON without the address. We will NOT show a home until we have the home clean and ready. NEVER with a problem resident who might tell the prospect negative comments.

Yea, he’ll drag this out and create delays. Probably a no show for court.

It’s not ready to rent until he’s out.

FYI He’s broke. Drugs, gambling, alimony...a good income does not mean he has money. Maybe he lost that job or had his pay cut (like mine was when I had a J.O.B.

BRAD

Thanks for the replies. I have two concerns now:

1) To get the May rent -

I have already filed in Dist Court on 5/2 for that w/o loosing any time. and

2) To move him out by 5/31/18 -

If it were me, I talk to a lawyer. Your local apartment association might know someone to recommend.

I would also leave the tenant a note describing how he can get out without an eviction on his record. Ohers may chime in if its wise to use the lawyers time for that, I've only done it once, without a lawyer.

In my year's case, she didn't understand all of the legalese, fortunately she called me, asking if the Notice to Vacate meant she had an eviction. She knew enough to know that she did NOT want to get Eviction on her record. So, I wrote up a document telling her what all she needed to do to avoid getting the eviction. That helped, she then was communicating with her questions, and did get everybody out by the end of the month. She did owe more for damages, water bill (a toilet was 'running' when I got back in...), than the security deposit, but I have gotten a little from her since when she filed taxes with that address. I met her at her bank with the tax refund check. I told her I meet her for $100 of the check. (Didn't want to try for more. My personal safety is important, and the reason her family was given Notice to Vacate was violent arguments.)

Had she continued thinking Notice to Vacate WAS already an eviction, she may have stalled. So, the key was to make sure she knew that, at this point, she could still move with a clean court record, but if she stayed, there would be court actions.