Tips for Landlords in Maryland

  • Are you having problems with your tenant?
  • Do you need legal assistance to evict your tenant?
  • Has your tenant failed to pay rent?
  • Is your tenant holding over?
  • Has your tenant’s lease expired?
  • Is your tenant occupying your property on a month-to-month basis, and would you like to have them vacate the property?

Azari Law has successfully represented landlords in Prince George’s County, Montgomery County, and Howard County for failure to pay rent, tenant holding over, wrongful detainer, lift-of-stay in U.S. Bankruptcy Court, and retaliatory eviction cases.

Most jurisdictions in Maryland require landlords to be licensed in order to collect rent for their rental property. McDaniel v. Baranowski discusses the rental license requirement in Maryland.

McDaniel v. Baranowski, 419 Md. 560 (2011)
Summaries – Source: Justia

Respondent, the rental property owner, filed a “Complaint for Repossession of Rented Property under Real Property section 8-401” against petitioner, the tenant, for failure to pay rent that was due. At issue was whether the owner of a multiple dwelling, who failed to obtain a license for the premises, as mandated by Section 11-10-102 of the Anne Arundel County Code, could nevertheless initiate summary ejectment proceedings for a tenant’s failure to pay rent under Section 8-401 of the Real Property Article, Maryland Code. The court held that a rental property owner, such as the one here, who did not possess a current license to operate the premises was not entitled to utilize the summary ejectment procedures outlined in section 8-401 upon a tenant’s failure to pay rent if the dwelling was located in a jurisdiction that required owners to obtain licenses. The court also held that the district court judge did not err in determining that petitioner did not demonstrate actual loss or injury due to respondent’s failure to obtain a license for the premises and thus, was not entitled to damages.

See attached document for full case.

mcdaniel_v.__baranowski_419_md..pdf

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Maryland Real Property Code Section 8-203 governs security deposits.

A landlord may not impose a security deposit in excess of the equivalent of two months’ rent per dwelling unit, regardless of the number of tenants.  If a landlord charges more than the equivalent of two months’ rent per dwelling unit as a security deposit, the tenant may recover up to threefold the extra amount charged, plus reasonable attorney’s fees.

Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued in the amount of 3 percent per annum, less any damages rightfully withheld.  If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.  The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.

If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred.

See attached document for further information on security deposits.

section_8-203_security_deposits.pdf

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Click below to access licensing, permitting and inspection information for:

Some cities and municipalities (ex. Laurel, Gaithersburg) have their own licensing requirements.

Our fees for cases involving failure to pay rent, tenant holding over, and wrongful detainer cases are reasonable and affordable. Call today to discuss your case and request a price quote.