In Maryland, housing court may at first seem a simple, yet time-consuming process, like paying a parking ticket or taking a trip to the Department of Motor Vehicles. However, be you either a Tenant or Landlord, when faced with the prospect of defending or commencing a suit in housing court, the process becomes more difficult. One little problem and you could be spending months or even, in some circumstances, over a year to complete this process.
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Types of Housing Court Proceedings:
Failure to pay rent
Failure to pay rent cases are handled in the district court of Maryland and “Rent court” in Baltimore City. While landlords may be tempted to take action on their own (corporations must have a lawyer), they should be aware of a few pit falls:
First, if you rent your property, you may need a license . Not having the proper license may stop your eviction action dead in its tracks.
Second, while you may get a judgment for possession of the property you may not get judgment for back rent or damages, if you do not properly serve your papers. Knowing the rules of service is integral to land lords seeking a money judgment.
Third, a tenant can stay in the property by exercising the right of redemption. The right of redemption permits the tenant to pay what he owes and then stay in the apartment. However, the right of redemption does not last forever. The land lord ask the court to foreclose (deny) the tenant’s right of redemption after obtaining three judgments for possession in a twelve month period (four in Baltimore City)
When a tenant stays after the expiration of the lease and refuses to leave it is called a “Hold Over”.
The first step in the process to get the tenant out is to send him or her written notice. The timing of the notice is of extreme importance and will vary depending on the provisions in the lease.
Doing it your self can waste a lot of time. Wasted time is wasted money. To protect your investment call 410-216-3325.
To speak with an attorney now, contact us. Via Phone: 410-216-3325.