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Maryland renters rights



edpac@comcast.net (ed)
10/17/2003 8:55:07 PM


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....
 
 
"Richard"
10/17/2003 11:33:13 PM


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.
 
 
edpac@comcast.net (ed)
10/18/2003 2:09:13 AM


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...
 
 
"TinCanMan" <51d93uv02@NoSPAM.sneakemail.com>
10/18/2003 3:12:16 PM




"ed" <edpac@comcast.net> wrote in message
news:a18fc5c2.0310171955.25b22eda@posting.google.com...

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".
 
 
"Richard"
10/18/2003 10:03:21 AM


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.
 
 
edpac@comcast.net (ed)
10/18/2003 10:51:51 PM


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!!!
 
 
edpac@comcast.net (ed)
10/20/2003 3:30:39 PM


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
 
 
"TinCanMan" <51d93uv02@NoSPAM.sneakemail.com>
10/20/2003 5:54:54 PM




"ed" <edpac@comcast.net> 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 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.
 
 
edpac@comcast.net (ed)
10/21/2003 10:31:33 AM


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....
 
 
xfwsexyg6001@sneakemail.com (TinCanMan)
10/21/2003 2:13:58 PM


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
 
 
xfwsexyg6001@sneakemail.com (TinCanMan)
10/21/2003 7:06:30 PM


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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