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Hey guy, My lanlord has decided to sell the house I'm renting, we tried to buy it but couldnt deal with her at all. We found a place and gave her 30 days notice like it says in the lease and we will be out by Nov. 17th. She is trying to make us pay for the full month of Nov. does this sound right? The second part to the question is that the landlord gave the key to the house to the realestate agent and told her to show the house when ever she wanted to, the agent called me and told me i need to crate my dogs whenever i leave the house because she is just gonna come in when ever she wants. Does this sound right? we had an arrangment to let them see the house any day of the week from 12 -4. My wife and i both work nights and the latest thing is that they keep setting appts at 9am which is way to early when you dont get home from work til 3am. Any help you could provide would be awesome....
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ed wrote:
Hey guy,
My lanlord has decided to sell the house I'm renting, we tried to buy it but couldnt deal with her at all. We found a place and gave her 30 days notice like it says in the lease and we will be out by Nov. 17th. She is trying to make us pay for the full month of Nov. does this sound right? The second part to the question is that the landlord gave the key to the house to the realestate agent and told her to show the house when ever she wanted to, the agent called me and told me i need to crate my dogs whenever i leave the house because she is just gonna come in when ever she wants. Does this sound right? we had an arrangment to let them see the house any day of the week from 12 -4. My wife and i both work nights and the latest thing is that they keep setting appts at 9am which is way to early when you dont get home from work til 3am. Any help you could provide would be awesome....
Check the laws in maryland. Generally it is NOT legal for anyone to enter an occupied home "any time they damn well please". Once the house is rented and occupied, the landlord has no legal rights to allow entry to anyone. If anything should happen, the landlord can be held responsible. You should tell the real estate agent, if they want to show the house, ask for an appointment. You do not make any concessions with the dogs just because the agent has the keys and wants in. These laws have been written to protect YOU from unwanted visitors at any hour. Many landlords are still under the impression that they can "Do as I damn well please". If I had my way, every damn landlord would have to be certified and trained just like a real estate agent is. Put your foot down and tell the landlord and agent, "Stay out of my house". AFAIK, they can charge you for the full month. Legal advice is obtained by hiring an attorney, not in a usenet newsgroup.
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can you recomend any sites to look up the laws, I can find some that deal with this problem, but none thatare a direct link...
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Hey guy, My lanlord has decided to sell the house I'm renting, we tried to buy it but couldnt deal with her at all. We found a place and gave her 30 days notice like it says in the lease and we will be out by Nov. 17th. She is trying to make us pay for the full month of Nov. does this sound right? The second part to the question is that the landlord gave the key to the house to the realestate agent and told her to show the house when ever she wanted to, the agent called me and told me i need to crate my dogs whenever i leave the house because she is just gonna come in when ever she wants. Does this sound right? we had an arrangment to let them see the house any day of the week from 12 -4. My wife and i both work nights and the latest thing is that they keep setting appts at 9am which is way to early when you dont get home from work til 3am. Any help you could provide would be awesome....
I am not a lawyer and cannot provide you with legal advice. I was, however, a landlord in the state of Washington for 15 years and can provide you with the benefit of that experience. Maryland Landlord/tenant statutes are somewhat confusing. They don't seem to have been written for the average person to comprehend. Additionally, some counties and the city of Baltimore have their own statutes. You can go here to and read about the state statutes: http://www.marypirg.org/renter/renter.html Pay attention to sections 3, 7 & 8. They answer most of your questions. You need to examine your situation closely, You say you have a lease. Is it written and for a fixed term or is it a month-to-month tenancy. Is there a provision in the written agreement which permits early termination without penalty? Is there a provison requiring notice to vacate at the end of term? From a brief reading on my part it appears you may be held liable for the entire term. The new property owner is bound by your lease, you don't have to move out until the end of term. You are required to provide reasonable access to the landlord and his agents but that may, in certain jurisdictions, require 24 hour advance notice. It's not real clear just what reasonaable access is. I doubt it means "at will".
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ed wrote:
can you recomend any sites to look up the laws, I can find some that deal with this problem, but none thatare a direct link...
Wish I could. The main amryland site is a nightmare to try figure out what you want to look for. Bascially, you should put your foot down and tell the agent/landlord, no visits without prior consent or they'll be charged with trespassing. And you WILL be home during those visits. Once you move out completely, then they can do what ever, when ever.
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Thank you for your help, I loved the site got alot of good info from it, I even got some form letters for intent to vacate and intent to terminate lease... I have a tennant/landlord lawyers number in Md and will be calling him to see if he can give me anymore info... again thank you and anything else you can think of that will help let me know!!!
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Now its gotten worse, she threatened to call the human society and have my dogs put to sleep, (she would tell them they are vicous) if we dont show the house from 9-5 I tried to make a deal that we would do 9-5 (instead of 12-5 so we could sleep) and be out by Nov. 1st if she ddidnt make us pay for nov. she said no, so I said ok nov. 1st and 1/2 Nov. rent she said no again... she says shes going to evict us and kill our dogs. I put my foot done and told her to evict me then... well then my wife called her back and said we would do what ever she wanted....after over 15 hours of research and i got no where....lol
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Now its gotten worse, she threatened to call the human society and have my dogs put to sleep, (she would tell them they are vicous) if we dont show the house from 9-5 I tried to make a deal that we would do 9-5 (instead of 12-5 so we could sleep) and be out by Nov. 1st if she ddidnt make us pay for nov. she said no, so I said ok nov. 1st and 1/2 Nov. rent she said no again... she says shes going to evict us and kill our dogs. I put my foot done and told her to evict me then... well then my wife called her back and said we would do what ever she wanted....after over 15 hours of research and i got no where....lol
I am not a lawyer and cannot provide you with legal advice. I was, however, a landlord in the state of Washington for 15 years and can provide you with the benefit of that experience. At this point you are at an impasse. Either get yourself to an attorney who can write her a letter informing her of your rights and her obligations under the law or quit paying rent and leave when it is convenient for you. She or a collection agency will then have to take you to court for any damages. You can then tell the judge your story. You will have to get it all in writing, on tape or have witnesses. Just going to court and telling the judge what she said isn't going to work. You say you work nights and are home during the day. Require a 24 hour notice and refuse entry to anyone who doesn't provide it. I'm not sure but I'd think breaking in against the wishes of the occupant could be considered criminal forcible entry. Animal control will not pick up animals on the say so of a single complaint unless and until they verify the ascertations. In any case, they won't be doing this at night. During the day, you are there to explain. An attorney would cost less than a couple hundred bucks to write a letter. It's a good idea. Your problem is beyond the scope of this newsgroup. Are you on a written term lease? When does it expire? In Maryland, a new owner is required to honor a previous owners commitments on a written term lease till the end of term. You might insinuate you'll be informing any prospective buyers you have no intention of moving till the end of term. IOW, you have the power to queer any deal a new owner might be inclined to make. Just in case, write her a letter now stating when you will be out. Send it RRR. In all the years I was a landlord, I never wanted to really piss off a tenant just before they moved. That could be a really stupid plan.
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thanks for the input, we have sent her a letter certified mail saying we will be out on Nov. 20th, we are on a written lease the ends March 31st but honestly we just want to get out of here as soon as possible, we have already signed a new lease and should be recieving the keys today or tommorow. I had spoken to a lawyer and he says i have a case, but, this landlord told me "you dont have a lawyer, you cant afford a lawyer, you cant even afford to live in my house" the lady is psycho... I will call about that letter though it sounds like a great idea, thank you....
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edpac@comcast.net (ed) wrote in message news:<a18fc5c2.0310201430.1264bca4@posting.google.com>...
Now its gotten worse, she threatened to call the human society and have my dogs put to sleep, (she would tell them they are vicous) if we dont show the house from 9-5 I tried to make a deal that we would do 9-5 (instead of 12-5 so we could sleep) and be out by Nov. 1st if she ddidnt make us pay for nov. she said no, so I said ok nov. 1st and 1/2 Nov. rent she said no again... she says shes going to evict us and kill our dogs. I put my foot done and told her to evict me then... well then my wife called her back and said we would do what ever she wanted....after over 15 hours of research and i got no where....lol
I'm not a lawyer but I was a landlord for 15 years and can provide you with the benefit of that experience. If you really want legal advice, hire a lawyer. Found some interesting material on Mayrland landlord/tenant. Check this out. LANDLORD'S RIGHT OF ENTRY VS. TENANT'S RIGHT OF PRIVACY http://temp.peoples-law.org/housing/ltenant/bni/bni%20right%20entry.htm Rented property is no longer the exclusive domain of the landlord. The landlord has given possession to the tenant for the duration of the tenancy. The tenant has a reasonable right of privacy; that is the landlord does not have the right to enter the premises anytime and for any reason. If the landlord insists on this he may be guilty of trespassing and in violation of the covenant of quiet enjoyment. However, while the landlord has a right of reasonable entry--to make an inspection, to make repairs, to show the premises to a prospective new tenant-- except in case of an emergency, landlords are advised to notify the tenant and reach a mutually acceptable agreement about the specific time of entry. Some county/and municipal housing or livability codes provide that upon receiving reasonable notice, tenants must give the owner or operator access to the premises at reasonable times for making inspections, repairs, alterations, etc., as needed to comply with the provisions of the code. The balance between tenants' right to privacy and landlord's right of entry can usually be reached by a fair and reasonable agreement between the tenant and landlord. This is a situation more to be governed by courtesy and respect for the rights of others than by the law. NOTE: In Prince George's County landlords are required to give tenants 24 hours written or oral notice of their intent to enter. Entry is allowed only during normal business hours or at a time that has been mutually agreed upon by both landlord and tenant. SOME POINTS TO CONSIDER Tenants should seek rentals that have leases giving them the right to be notified before a landlord's entry (except in an emergency) and if possible restrict the right of the landlord or his agent to show the property while the tenant lives in the property. Unless there is an emergency or a surprise inspection necessary to uncover a breach of lease, such as pets when the lease prohibits pets, the landlord should always contact the tenant ahead of time. The landlord should knock loudly and give time for the tenant to answer. If no one appears to be home, give a loud yell identifying yourself before entering. Landlords can and should make needed repairs. Nevertheless, the landlord cannot renovate the premises while the tenant is still there, i.e., repaint the apartment for a new tenant before the old tenant has moved out. If repairs are being made, be sure that the tenant's property is treated with respect, that there is a proper clean up afterwards, and that the door is locked when leaving. If you want to sell the property, realize that the tenant is paying full rent for privacy. People wanting to inspect the property assume that appointments will be made with the occupants. Above all else, put yourself in the other person's position. Ask yourself how would you like to be treated if you were the tenant or the landlord in this situation? http://temp.peoples-law.org/housing/ltenant/tips%20from%20the%20experts.htm http://www.lawlib.state.md.us/screens/landlord.html
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edpac@comcast.net (ed) wrote in message news:<a18fc5c2.0310210931.54468e63@posting.google.com>...
thanks for the input, we have sent her a letter certified mail saying we will be out on Nov. 20th, we are on a written lease the ends March 31st but honestly we just want to get out of here as soon as possible, we have already signed a new lease and should be recieving the keys today or tommorow. I had spoken to a lawyer and he says i have a case, but, this landlord told me "you dont have a lawyer, you cant afford a lawyer, you cant even afford to live in my house" the lady is psycho... I will call about that letter though it sounds like a great idea, thank you....
Ed: I'm not a lawyer but I was a landlord for 15 years and can provide you with the benefit of that experience. If you want legal advice, hire a lawyer. The ball is in your court now. You have a written term lease and can make life extremely difficult for the landlord or the prospective owner by insisting they comply with it. You may no longer wish to live there but you can use this as a negotiating chip. IOW, if they don't cooperate, you will not move until end of term. I doubt the new owner wants to inherit a hostile tenant or the current owner or her agent wants to show the dwelling with a hostile tenant in residence. You can make selling this dwelling really tough. She's attempting to intimidate you but you hold the cards, a lease. She has no legal grounds to enter your house w/o your co-operation. If a real estate agent attempts to enter while you are in there and they haven't provided reasonable notice, call law enforcement and report them for breaking and entering. A real estate agent showing up on your doorstep and demanding entry is not reasonable notice. Does your lease include a provision to allow early termination? If not, you may be held liable for the remainder of term unless you can prove she's forcing you out and persuade a judge it was a prescriptive eviction. If your lease contains an early out clause, make sure you do whatever it says to activate it. Otherwise you might want to give her a notice you are leaving and set the stage for justifying in a court you are breaking the lease because of her actions. Under Maryland statutes, she has 30 days after you turn keys over to provide you with a statement identifying the disposition of your deposit and 45 days to return any remaining funds due you. I also found this: ASSISTANCE WITH RENTAL PROBLEMS The Attorney General's Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord. Downtown Baltimore Office 200 St. Paul Place, 16th Floor Baltimore, MD 21202-2021 Complaint Line: (410) 528-8662 or D.C. metro area: (301) 470-7534 9 a.m. to 3 p.m., M-F TDD for hearing impaired person: (410) 576-6372 Website: www.oag.state.md.us/consumer (consumers can download a consumer complaint form) Branch Offices Cumberland Telephone Assistance (301) 722-2000 9 a.m. to 12 p.m., 3rd Tuesday of each month Frederick Telephone Assistance (301) 694-1071 9 a.m. to 1 p.m., 2nd and 4th Thursday of each month Western Maryland Branch Office 138 East Antietam St. Hagerstown, MD 21740 (301) 791-4780 8:30 a.m. to 4:30 p.m., Mon-Fri. Eastern Shore Branch Office 201 Baptist Street Salisbury, MD 21801 (410) 543-6620 8:30 a.m. to 4:30 p.m., Mon-Fri. Southern Maryland Branch Office 15045 Burnt Store Road Hughesville, MD 20637 Mailing address: P.O. Box 745 Hughesville, MD 20637 301-274-4620 or toll-free 1-866-366-8343 9:30 a.m. to 2:30 p.m.,Tuesdays Although the Consumer Protection Division covers the entire state, some counties also have their own consumer protection offices that could help you with rental problems. Find out if your county has its own landlord-tenant laws that might offer you extra protection. These two counties have a consumer affairs division that can try to help you with your dispute: Howard County Office of Consumer Affairs 6751 Columbia Gateway Drive Columbia, Maryland 21046 (410) 313-6420 Montgomery County Division of Consumer Affairs 100 Maryland Avenue, Suite 330 Rockville, Maryland 20850 (240) 777-3636
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