Legal Question in Real Estate Law in Maryland

Tenants not paying rent

I have a tenant who has not paid rent for two months. They signed a 1 year lease 5 months ago. What is their liability? I am putting the house back on the market and I believe they should be held liability for the rent until it sells or the 12 months whichever is less?


Asked on 5/26/07, 9:50 am

1 Answer from Attorneys

Carter Ferrington Bar Adon Vogel PLLC

Re: Tenants not paying rent

While my first thought is to get rid of the tenants fix up the place and then try to get a good price for the house, let me answer your question first.

The tenants would owe you rent for the part of the lease during which you own the property, then collecting rent and/or evicting the tenants for non-payment after the new owner settles becomes the new owners problem. In the real world, however, the non-paying tenants are likely to impede your ability to show the house, impair yourability get top dollar (as deadbeat tenants often also make a mess) and any prospective buyer will also likely not take on the burden of your non-paying tenants without a discount.

Having an attorney, who is also an associate real estate broker will help get you the advice to do this right.

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Answered on 5/26/07, 1:14 pm


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