Frequently Asked Questions1. Is this legal advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.
2.Can the Tenant appeal a decision? Either tenant or landlord may appeal the judgment. The appeal must be made within two days of the date of judgment, and if the tenant wants to delay execution of the judgment he must post a bond.
3. Can I just move out my tenants belongings out of the house since he/she owes me money? A landlord who moves a tenant's belongings out of the home, changes the locks, or cuts off utilities without a court order may be criminally prosecuted and liable for damages. For more info on this question click here.
4. What happens on the day of eviction? On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility. Some HOAs may hold the landlord responsible for the trash removal after 24/hours.
5. What is a Rent Court Agent? A Rent Court Agent files and appears in rent court for the landlord. We are Rent Court Agents in Baltimore City, Baltimore County, Calvert County, Frederick County, Harford County, Howard County, Charles County, Anne Arundel, Prince Georges County and Montgomery County.
6. I received a money judgment that was entered against the tenant , what is it?
The money judgment will usually be on the tenant's credit for ten years and can be renewed thereafter for a small fee for another ten years. Soon after a case is filed, the tenant will usually have an unlawful detainer/eviction showing on their credit. If a money judgment is entered for the eviction, the judgment will usually appear on their credit. The money judgment is needed for any form of collections, whether it is through a collection agency or by way of a wage garnishment or bank levy.
7. The utilities are in my name but the tenant is supposed to pay them and they are past due, can I shut them off? Or the utilities are in my name, and I've paid them all along but since they aren't paying me why should I pay the utilities?
No! You cannot turn the utilities off. Even if the utilities are past due and they aren't paying you, you cannot stop paying them or have them turned off. Doing so will only cause you more problems in the end. These actions can be construed as retaliatory towards the tenant, especially during an eviction. Turning off the utilities could also stop the eviction entirely.
8. Can a Tenant Be Evicted Because of Unpaid Rent? Tenants should try to work out a schedule of payments with landlord; the Dept. of Social Services may help. In most cases the tenant cannot be evicted if the amount the court decided was due, plus court costs, is paid prior to the eviction. Payment to the landlord must be in cash, certified check or money order. Exceptions: If a tenant has had three judgments of possession (four in Baltimore City) filed against him/her during the 12 months before the current suit, a landlord may request that the court deny the tenant’s right to redeem the property. The landlord must provide the court with a list of prior case numbers and judgment dates. If the judge grants the request, the tenant may be evicted even if he/she pays the rent due.
9. Why do you charge surcharges for certain counties? We have offices in Prince George's County and Baltimore City. We can process evictions for several other jurisdictions, but we have to take into consideration travel time to the courts and volume of cases. If you see an "*" next to your county there will be a surcharge applied to you at checkout.
10. What happens if my tenant files for Bankruptcy? We have experience dealing with tenants that have filed for Bankruptcy protection while still in a lease. Please contact us so we can review your options. For more information about the process for handling the Bankruptcy as of Creditor/Landlord visist the US Bankruptcy web page at : http://www.mdb.uscourts.gov/PS_creditors.aspx
11. Do I have to pay interest on t my tenant security deposit? Yes, generally tenants in Maryland are entitled to interest on their security deposits. If the deposit is more then $50, and held for more that 6/months. The interest currently required on security deposits is 3% per annum http://www.peoples-law.org/node/236 http://www.mdjustice.org/files/MLASecurityDeposit.pdf
12. We are a large apartment complex, do have bulk pricing for eviction? Yes, for apartment complexes or property management firms, please call for bulk pricing.
13. What does "affected property under 6-801" mean? A property constructed before 1950 that conains at least once rental dwelling unit; For more information click here.
14. My house is in foreclosure, does my tenant still owe me the monthly rent? Yes, Maryland law requires that a tenant pays rent to the owner until there is a new owner or until the banks takes back the home. For more info click here