Legal Question in Real Estate Law in Maryland

Landlady needs to sell property & terminate a lease of abusive tenants

I am a landlady and need to sell my property in Baltimore, Maryland and move to another state. What is the property procedure to get terminate a lease that is due to be over in March 2002 of abusive and damaging tenants so I can show and sell my property by a real estate company? The tenants will not let me in the house they mail the monthly payments but continue to damage the property. I want them out. I am a very tired of being a landlady and need to retire in the south with my family. My health is bad now and I can do the property any longer. Thank you


Asked on 9/10/02, 4:03 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Landlady needs to sell property & terminate a lease of abusive tenants

Most likely the tenant(s) are now hold over tenants. This means that

they have a month-to-month lease. You need to properly notify them of termination of this tenancy.

If they retain the property beyond the posted period, then you need to sue for possession (i.e., eviction). Do not

take eviction unto yourself without a court order lest you risk a charge of landlord self helf.

Alternatively, the lease may have a renewal option. The language of the lease is important here. If they are not hold over tenant(s) but instead are

a tenant of term, then the term of the renewal period applies with regard to posting notice for terminating the lease. Again, proper notice is essential and a court order to re-take possession may

be needed if they do not vacate the property.

More importantly, you may be able to re-take possession due to the damage to the property.

My services are reasonably priced and I am available to assist you with this matter. Please feel free to call me at (410) 799-9002 and leave a message if I am not available at the time of your call.

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Answered on 9/11/02, 9:58 am
Daniel Press Chung & Press, P.C.

Re: Landlady needs to sell property & terminate a lease of abusive tenants

If the lease is over, they are month to month, unless the lease provides for automatic renewal. If it is renewed, they can stay unless they are in breach of the lease for non-payment or otherwise (damaging the premises may be a breach). You would need to give them the notice required under the lease and the Md. Code for the particular type of breach, and then sue for possession. If they are month to month, you need to give them one month's notice to coincide with the rental month - if the rental month is the first to last calendar days of the month, as is usual, notice has to be given before the first, and terminates the tenancy one month later. You can't send notice on the 15th and say be out on the 15th. If they don't leave, you sue for possession. If you are not familiar with these procedures, it would make sense to retain counsel familiar with Md. landlord-tenant law to represent you.

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Answered on 9/10/02, 4:23 pm


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