How To Evict A Tenant In Maryland Without A Lease?


How To Evict A Tenant In Maryland Without A Lease
30-Day Notice to Quit – In Maryland, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Quit, This eviction notice gives the tenant 30 calendar days to move out without the chance to fix the issue.

Rent Payment Frequency Notice Amount
Week-to-Week 7 Days
Month-to-Month 30 Days
Year-to-Year 90 Days

These notice periods don’t apply to the city of Baltimore or to Montgomery County. For example, in Montgomery County, tenancies that are at least month-to-month but less than year-to-year must be given two months’ notice to move out prior to filing an eviction lawsuit (except in the case of a single-family dwelling).

Can I kick someone out of my house without notice in Maryland?

Not Giving Proper Notice – Before you file an eviction complaint with the District Court, you must provide the tenant with a proper “Notice to Vacate.” This informs tenants that they have “x” number of days to vacate the property, or you will begin eviction proceedings against them.

Can a landlord evict you without a court order in Maryland?

Eviction is a legal process. The landlord can’t just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to District Court to get a judgment against you. If they get one, the court will issue an order of eviction and a sheriff will make you leave the home.

How do I evict a tenant without a tenancy agreement?

If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.

What are squatters rights Maryland?

What Are Squatter’s Rights? – Squatter’s Rights are a form of Adverse Possession, If a squatter occupies your property for a certain amount of time and follows the guidelines outlined by Maryland laws, your property may legally become owned by the squatter.

This can occur despite the lack of payment for it. It’s necessary for you to familiarize yourself with Maryland Squatter’s Rights to avoid this outcome. If not, you might find your property has been legally snatched right under your nose. Initially, someone may move in your vacant lot without permission.

As such, there is no lease to break, When you ignore their presence, enough time may pass that will legally allow them to take possession of your property. As a landowner in Maryland, you need to be vigilant of squatters who are occupying your vacant building or empty residential unit.

How long before a guest becomes a tenant Maryland?

Take Preemptive Action – You can easily avoid this situation if you have a candid conversation with the current tenant explaining what is and is not allowed. The issue should also be addressed clearly in your lease so the tenant knows they are breaking their lease when allowing long-term guests.

  • Here’s an example of what to put in your lease regarding long-term guests.
  • The Premises shall be used and occupied by Tenant(s), for no more than FIVE (5) persons exclusively, as a private individual dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant(s) to carry on any business, profession, or trade of any kind, or for any purpose other than a private dwelling.

Tenant(s) shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant(s), to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Any guest staying in the property more than two weeks in any six-month period will be considered a tenant, rather than a guest, and must be added in the lease agreement.

  1. Landlord may also increase the rent at any such time that a new tenant is added to the lease or premise.
  2. Tenant(s) and guest(s) shall comply with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises.

If you accept rent from a guest, you might have initiated a landlord-tenant relationship. If that is true, your new tenant might now have the same rights as any other tenant and will not be easy to remove, unlike a regular long-term guest. Because of this, it’s very important landlords do not take rent money from someone who is not on the lease.

What are your rights as a tenant without a lease in Maryland?

30-Day Notice to Quit – In Maryland, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Quit, This eviction notice gives the tenant 30 calendar days to move out without the chance to fix the issue.

Rent Payment Frequency Notice Amount
Week-to-Week 7 Days
Month-to-Month 30 Days
Year-to-Year 90 Days

These notice periods don’t apply to the city of Baltimore or to Montgomery County. For example, in Montgomery County, tenancies that are at least month-to-month but less than year-to-year must be given two months’ notice to move out prior to filing an eviction lawsuit (except in the case of a single-family dwelling).

What is a mandatory ground for eviction?

The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. These grounds for possession apply to tenancies entered into after 15 January 1989.

Can I evict a tenant myself?

How To Evict A Tenant In Maryland Without A Lease As a landlord, one of the biggest issues you will face is if a tenant stops paying their rent but is still occupying the property. It’s the nightmare situation that can be stressful and frustrating as well as expensive – after all, mortgages and other bills still need to be paid.

A common question from landlords is ‘can I evict a tenant myself?’ and the answer to this is complex but in short, the answer must be ‘No’. Even with a Court Order, you will either need a County Court Enforcement Agent or a High Court Enforcement Officer, to carry out the eviction. Unless your property is a Commercial one, and then the rules are different again.

Even before you get to that stage there is a mountain of things to consider. Such as what type of tenancy you have in place. Tenant eviction is a serious and stressful process with a lot of conditions you need to fulfil before you can move to the next step in the process.

Can a landlord evict you without a court order?

Illegal evictions – Depending on your rights to access the property, if the locks have been changed you may have been illegally evicted. If you rent privately, you are probably an assured shorthold tenant and your landlord cannot evict you without a court order. As long as you have a legal right to live there, your landlord cannot stop you using any part of the property by:

  • Issuing threats
  • Bullying
  • Violence
  • Withholding services such as gas or electricity
  • Or any other sort of interference.

In certain circumstances landlords and letting agents can be prosecuted for harassment and illegal evictions. If you rent a room in your landlord’s home and share some accommodation with them, such as a kitchen or bathroom, you are legally not a tenant, but a lodger or an excluded occupier.

Excluded occupiers have very few legal rights. You may have some contractual rights which have been agreed verbally with your landlord or that are set out in your agreement. However, he or she only needs to give reasonable notice to ask you to leave. This is normally 28 days but could be shorter. Your landlord doesn’t need a possession order from the court to evict you, but they can get one if they choose to.

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You’ll be trespassing if you stay in the accommodation without your landlord’s permission after the notice period has ended. If a bailiff attends, they must carry a photo ID of the Court Enforcement organisation they work for. If in doubt call the Court or Police.

What is unfair eviction?

Illegal eviction and tenants’ rights – Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you find the locks have been changed are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation. Citizens Advice has information on repossession by your landlord’s mortgage lender,

Can my boyfriend kick me out of his house in Maryland?

How Does this Situation Occur? – Here’s the most common scenario: The girlfriend moved into her boyfriend’s home when everything was going well. However, the relationship has started to fall apart, and the boyfriend says he wants the girlfriend out. The common questions are:

Can my boyfriend get a no trespass order against me? Can my boyfriend just kick me out of the house and change the locks?

The answer to both of those questions is no. If you have lived at the home for a period of time, then you are considered a tenant and an occupant of the residence. This means you have a legal right to be in the residence and your partner cannot simply go get a no-trespass order to keep you off the property.

  • Your boyfriend also cannot simply change the locks and kick you out of the house if you have stayed past your welcome.
  • There is a certain process that much be followed, just as though your boyfriend were a landlord – that would be an eviction.
  • Now, a lot of people decide to move on without that process because, really – who wants to stay living in a place that is not happy and where you are not wanted? However, this gets much more complicated when that same person who wants you out is an abuser and you are experiencing domestic violence.

Let’s take the same scenario as above, but now the boyfriend has figured out how to manipulate the girlfriend into doing or not doing things based on his claims that, if she goes against him, he will kick her out. Let’s say this boyfriend punches his girlfriend in the face and then threatens to kick her out if she calls the police.

How do I evict my girlfriend in Maryland?

My ex girlfriend and I live together with our two kids.It’s my house in my name. What rights does she have? A: You have two issues: a landlord/tenant issue, and a custody/child support issue. If there’s domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues.

  • The good news is (for you), you are not married to her.
  • She has no monetary interest or rights to your home.
  • What she does have is a guest resident status since she is a consensual resident in your home (at least the consent existed at some point in time).
  • You can’t lock her out (legally).
  • You must serve a written notice on her to move out and vacate.

Date and save a copy. You can then go to landlord-tenant court and file an action for “wrongful detainer” and have a judgment and writ issued to evict her. The Sheriff schedules a date with you to cary out the eviction, and they, not you, put her out. You should change the locks the same day.

Landlord-tenant court does not resolve custody issues. You are putting out the mother of your children. Do you expect her to leave without them? Do you plan on putting them all out of their home with nowhere to go, or just her, and how do you propose that will work out? You will need to obtain custody first, and in the absence of an agreement or a domestic violence order that places them with you, the process for getting a hearing to award even temporary (“pendente lite”) custody will not happen over night.

Beware that if she has grounds to allege that you assaulted her, or threatened to assault her, she can go down to the courthouse and obtain an immediate order for protection from domestic violence that will order you, not her, out of your house, and award her temorary custody and child support of your kids.

  1. You have the same rights to file against her.
  2. The initial order will hold until there’s a trial in 7-14 days, when the merits of continuing the order will be decided.
  3. The ideal scenario is to try and get her to negotiate a separation and parting of ways, in writing, that addresses where the kids will live and the custody and visitation rights of both of you.

There are family law mediators who you can pay if you can get her to go into mediation. It may even be worth paying her money to get into an apartment so as to get her out sooner and without litigation or other legal costs and attorney’s fees. Sit down with a family law attorney and review what it is you want, and try to outline a strategy to get there, in the most reasonable way possible both financially and emotionally (for you and for your children).1 user found this answer helpful : My ex girlfriend and I live together with our two kids.It’s my house in my name.

Can you legally kick someone out of your house?

FAQ – What makes a person a tenant? In general, if a person has paid rent or has agreed to pay rent to live somewhere, then that person is a tenant.

This is true even if the person is only using part of a house or apartment, such as when a person is sleeping on your couch. Rent is usually money. A person can also “pay” rent by doing work or giving things to the person they are renting from.

If a person has never paid money, done work for you, or given you something of value AND they never agreed to do any of those things, then he or she is probably not a tenant. However, if a person has agreed to pay, do work, or give you something of value in exchange for living in your home, they may be considered a tenant even if they have never done anything to keep this agreement.

For example, if someone promised to pay you $500 per month to sleep in your spare room, that person may be a tenant even if he or she never paid even $1 in rent since they moved in.

I rent my home from someone else. How can I be a landlord? A person may become a landlord even if he or she does not own the property.

The most common example is when a tenant sublets his or her rental unit. The tenant who is renting from the owner is a landlord and the person subletting is a tenant.

Can someone be a tenant even if there is no written lease? Yes. An agreement to rent a property does not need to be in writing.

A person can become a tenant through a verbal agreement. A person can become a tenant based on the way he or she acts and how the other person responds. For example, if a person gives the owner money on a regular basis and the owner accepts it, that might create a landlord-tenant relationship.

What if we have a written agreement that says that the person living in my house is NOT a tenant? That type of agreement can be helpful. But, if the person is paying rent, he or she may still be considered a tenant, no matter what the agreement says.

You cannot change a tenant into a guest just by changing what you call that person in your agreement. If the issue ever came into court, the court would look at what is really happening, not just what the person was called in the agreement.

What if we have a written agreement that says that a person is a tenant only for a certain amount of time and that time is now over? If you have a written agreement that a person is a tenant for a certain period of time, you will probably need to follow the procedures for evicting a tenant.

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The most common example of this is live-in health care aides. Whether an employee is a tenant depends on the specific agreement between the employee and employer. It is possible for a person to be both an employee and a tenant.

Doesn’t living in a property for a long time give a person “squatter’s rights? A person does not become a tenant just because he or she has lived in a property for a long time. In very rare cases when a person lives in a property for at least 15 years without the owner’s permission and meets several other conditions, then that person may own the property by “adverse possession.” This is usually what people mean when they talk about squatter’s rights.

  • The person I want to evict is a co-tenant on my lease.
  • Is that person a tenant or something else? If you and another person are co-tenants on the lease because you both signed the lease as tenants, you will both have an equal right to live in the property in most cases.
  • Co-tenants usually cannot evict each other, even if one of the co-tenants stops paying the rent or is violating the lease that they both signed.

If the person you want to evict is not a tenant, but is a household member or authorized occupant, you may be able to evict that person. You will need to figure out whether that person is your tenant or is a guest. (See “Tenants vs. Guests” above.) If you are receiving a housing subsidy, you may want to talk to a lawyer to make sure you are following the rules of your subsidy program.

  1. I’ve read all of this, and I’m still not sure whether the person living in my property is a tenant or not.
  2. What should I do? If you are not sure whether the person you want to evict is a tenant or not, you should talk to a lawyer before you decide what to do next.
  3. Can I lock a guest out and put the guest’s property on the street? The safest way to remove a guest from your property is to use the court process.

There are several reasons why it may be a bad idea to use self-help eviction to remove a guest from your home.

You may be risking your personal safety if the guest becomes angry or violent during or after the eviction. If the police need to be called because the eviction is causing a disturbance, they may stop the eviction and direct you to let the guest move back into your home. The police may also direct you to go to court to evict the guest. In many cases, you cannot be sure whether a person is a guest or a tenant. If you are wrong and a judge decides that your guest actually is a tenant, you may be ordered to let that person move back into your home and you might have to pay that person money for wrongfully evicting him or her. Judgments for wrongful eviction can be a large amount of money and can include: reimbursement for living costs while the guest was out of the property, lost or stolen personal property, pain and suffering, and, if the tenant can prove that you acted recklessly or maliciously, additional damages to punish you for the illegal eviction.

You can protect yourself from these problems by using the court process to evict your guest. How do I evict a guest through the court? Even though a guest is not a tenant, you can still file an eviction case in the Landlord and Tenant Branch of D.C. Superior Court. The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone.

You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property. You can file a complaint on a Verified Complaint for Possession of Real Estate on Landlord and Tenant Form 1B, along with a Summons on Landlord and Tenant Form 1S, A sample complaint and summons filled out for a case like yours is included in the Self-Help Packet

After these forms are filled out, take them to the Landlord and Tenant Clerk’s Office, 510 4th Street, NW, Room 110, Washington, DC 20001. There is a $15 fee to file the Complaint and Summons. If the filing fee will be a hardship to you, you can ask the court to waive your filing fees by completing an Application to Proceed without Prepayment of Costs and Fees. Click here for help completing this form. After you file the Complaint and Summons, you will need to have someone over the age of 18 serve the papers. Instructions for serving the papers are included in this Self-Help Packet. The person who serves the guest needs to fill out an Affidavit of Service that explains how the papers were given to the guest. Your first court date will be about 3 weeks after you file your Complaint and Summons.

Do I need to put any special information on the court papers if I am a tenant myself, rather than the owner of the property? In Paragraph 2 of the Complaint, a tenant who is evicting a guest can check the box “is not the Landlord, Owner, or Personal Representative but has the right to demand possession.” You can then explain on the line provided that you are the lawful tenant and that the guest is a person who refuses to leave your home.

Do I need to put any special information on the court papers if the guest I am evicting occupies part of the property, rather than the entire home, or if some or all of the furniture belongs to me? In Paragraph 3 of the Complaint where the form says, “Plaintiff seeks possession of property located at,” you can put the complete street address of the house or apartment along with a description of the part of the house the guest is occupying.

For example, if the guest is living in the basement or master bedroom, you can add the description “basement” or “master bedroom” after the address. If some or all of the furnishing in the house or apartment are yours, you can add the words “partially furnished” or “furnished” to the address line.

  1. See the sample complaint in the Self-Help Packet for an example.
  2. Paragraph 4 on the Complaint asks whether the rent for the property is subsidized.
  3. My rent is subsidized, but the guest I’m evicting pays no rent.
  4. How do I answer this question? If the rent for the unit you rent is subsidized, then you must check the box that says “yes.” You can take a black pen and carefully write underneath that question “The plaintiff’s rent is subsidized, but the defendant pays no rent” to explain.

Do I need to give my guest a 30-day notice before I file an eviction case in the Landlord and Tenant Branch? In general, you are only required to give a 30-day notice to quit to someone who is a tenant. You are usually not required to give a guest a 30-day notice, no matter how long that person has lived in your home.

You promised your guest you would give him or her a certain amount of notice before he or she had to leave. The person is not a tenant but is the former owner of a foreclosed property or cooperative unit that you bought. (Tenants of former owners of foreclosed properties have the rights of tenants. Please refer to the Frequently Asked Questions for Landlords for more information.)

If you think one of these reasons might apply to you, you should talk to a lawyer before you file an eviction case to make sure you have served a proper notice to quit. I am afraid of my guest. Can I get this person out of my house any faster? If your guest is violent, threatening, or abusive to you, you may be able to get an emergency Temporary Protection Order and/or a one-year Civil Protection Order to protect you.

You do not need to have a family or intimate relationship to use the domestic violence process, but you do need to live together in the same home. For more information about the domestic violence process, click here, For legal help requesting a TPO or CPO, click here or call the Domestic Violence Intake Center at (202) 879-0152 (at DC Superior Court) or (202) 561-3000 (at United Medical Center in Southeast DC).

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The guest is a family member or friend. I’m worried that I will hurt our relationship if I sue him or her. Are there any other options? The court offers a free service to help people solve disagreements without going to court. If your guest agrees, a community mediator can talk with you and the guest to see if you can reach an agreement.

  1. For more information on the court’s Community Mediation Program, click here or call (202) 879-1549.
  2. I filed a Complaint to have the guest evicted.
  3. What happens when I go to Court? Make sure you arrive and are seated in the courtroom by 9:00 AM.
  4. The judge will explain how the process works and what help may be available.

If you do not speak English or are deaf or hard of hearing, make sure you tell the courtroom clerk before the announcement begins. The clerk will read the names of all parties who are scheduled to appear. You must answer “here” or “present” and state your name when your name is called.

Make sure you can hear the clerk clearly. If you cannot hear, raise your hand and let the clerk know. If you miss your name and fail to answer, your case may be dismissed. If the defendant does not answer when the case is called, you can ask the clerk to enter a “default” against the guest. If you do not hear your name during the roll call or you are late arriving to court and aren’t sure if your name was called, you should speak to the clerk in the courtroom after the roll call is over and make sure that the clerk knows that you are present.

Once the clerk completes roll call, you can decide to do one or more of the following:

Settle the case with the guest or the guest’s lawyer. Ask the judge to grant a non-redeemable judgment in your case. If the guest does not have a defense to your claim, the judge can enter judgment for possession. If the guest has a defense, the case probably will be set for a trial on a different day. “Mediate” your case through a court-appointed mediator. A mediator will talk to both sides and try to help settle the case. However, you do not have to settle the case, and you should speak to a lawyer if you do not understand any part of the mediation or what is being said to you by the mediator.

For more information about what happens on your first day in court, click here, For more information about settlement and mediation, click here, What happens if I can’t appear in Court on my scheduled day? You should immediately call the Clerk of the Court at (202) 879-4879 to explain why you cannot appear.

Ask the clerk for his or her name and write it down. You also should immediately call your guest or the guest’s attorney to tell him or her that you cannot appear. If you have time to come to court on another day before your court date, you can file a notice with the court explaining that you cannot come to court and requesting a new date.

If the clerk does not give you another date to appear in court, get to court as soon as possible and find out what happened. Even if you call the court, the judge may still dismiss your case. If your case is dismissed because you are not there, it is called a “dismissal for want of prosecution,” and you can usually file a motion to re-open the case or file a new case.

  1. What happens if the guest does not come to court? If the guest does not come to court on the initial hearing date, you can usually have a “default” entered against the guest during the morning roll call.
  2. In most cases, a default means that a judgment for possession will be entered after you file paperwork with the court proving that the defendant is not in the military.

In some cases, you are also required to present proof (called “ex parte” proof) of your case to the court before you can get a judgment for possession, even if the guest does not come to court or if the guest came to court but left or did not come back to court for a continued hearing.

  1. If proof is required, the judge might set another court date about two weeks after your first one.
  2. If the guest does not come to court, the clerk will usually tell you if you need to appear in front of the judge after roll call.
  3. If you aren’t sure, you can ask the clerk after the roll call is over what you should do next.

The guest filed an Answer. What is an “Answer?” An Answer puts in writing the defenses the guest intends to raise at a trial. Does the guest have to file an Answer? Filing an Answer is not required in Landlord Tenant Court unless the guest wants to request a jury trial (instead of a “bench trial” before a judge).

The court papers have not been filled out correctly. The court papers were not given to the guest in the correct way or soon enough before the first hearing. The guest has some other right to live in the property. The guest has been given permission to live in the property by a co-tenant or co-owner.

I have a judgment for possession. How long will it take until the guest is evicted? After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution. A Writ of Restitution is a document that authorizes the U.S.

  • Marshals Service to schedule an eviction.
  • After the Writ of Restitution is filed, the Clerk’s Office sends the writ to the U.S.
  • Marshals Service. The U.S.
  • Marshals Service sends a copy of the writ to the guest. The U.S.
  • Marshals Service will call you to schedule the eviction.
  • The soonest an eviction can take place is on the fourth business day after the writ is filed.

The writ is valid for 75 days. If the guest is not evicted in the 75 days, then you will have to file a new (or “alias”) writ. Remember, the U.S. Marshals must be present during the eviction. However, the U.S. Marshals will not remove the guest’s property.

  • You will need to find or hire an eviction crew.
  • The size of the eviction crew depends on the size of the home being evicted.
  • For more information about the U.S.
  • Marshals’ procedures, click here,
  • You also may want to schedule a locksmith to come to the property to make sure the locks are changed at the same time as the eviction.

For more information about the eviction process generally, click here, What happens if I can’t afford to pay any Court fees? If you cannot afford to pay costs or fees relating to your Landlord Tenant case, you can file an “Application to Proceed Without Prepayment of Costs, Fees, or Security” commonly referred to as an “IFP” or “In Forma Pauperis.” You will be required to complete the court’s form and swear to information about your financial affairs.

Once you complete the Application and Affidavit, you will appear in front of the judge who will decide whether to grant your request. You can click here for the form. Although the court-filing fees will be waived, only $10 of the writ fee will be waived in most cases. (The writ fee is currently over $200.) You will also have to pay for an eviction crew or find friends who will help you do it for free.

These costs usually cannot be waived. Last Review and Update: Dec 18, 2019

How can I kick my child out of the house in Maryland?

This question is about Maryland Eviction Process – Can you kick someone out of your house in Maryland? Yes, you can kick someone out of your house in Maryland, but you will be required to file a wrongful detainer case with the court, even if the person has never paid rent and did not have your permission to live in the home.