Legal Question in Real Estate Law in Maryland

Past Landlord Harrassment

I haven't signed a new lease in a year and a half and repeatedly asked for my landlord to fix leaks inside the home. He said he would send someone, but never did. I told him I was looking for another rental property due to this situation and due to the extremely high rent. When I did move out without expecting any of the $1,400 security deposit he has started harrassing me at work. I changed my home number and am unable, obviously, to change my work number. How can I stop him from harrassing me at work? and is there anything he could do legally without a lease being renewed for so long?


Asked on 1/28/03, 3:54 pm

2 Answers from Attorneys

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

Re: Past Landlord Harrassment

If the landlord is attempting to collect an alleged debt and does so in his own name then the

protection of the Fair Debt Collection Practices Act (FDCPA) does not apply. If, however, the landlord uses a name

other than his own which would indicate that a third person is collecting or attempting to collect such debts then the FDCPA applies.

If the FDCPA applies, then without the prior consent of the consumer .... a debt collector may not communicate with a consumer in

connection with the collection of any debt -- 2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such

attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; ... or (3) at the consumer's place of employment if the debt collector knows or has

reason to know that the consumer's employer prohibits the consumer from receiving such communication.

Maryland has a Consumer Protection Act which bars the unfair or deceptive practice with collection of consumer debt. This may or may not apply to your situation.

Whether you terminated the lease properly is another matter. The terms and conditions of your prior lease apply in part; however, the notice period is reduced to 30 days (with exceptions, see my response to another question were I identify some of these exceptions).

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Answered on 1/30/03, 2:42 pm
Robert Sher Wagshal and Sher

Re: Past Landlord Harrassment

After your initial lease ended, you became a month to month tenant, although the other provisions of the original lease remained in effect. In a month to month tenancy, either party can terminate it by giving the other party 30 days' written notice of termination. I'm assuming that you didn't do this, which is probably why the landlord is upset. He's probably looking to you to continue to pay rent. On the other hand, he's obligated to make a sincere effort to find a new tenant and if he's not doing that, you shouldn't be obligated to pay.

As far as the telephone calls are concerned, he's probably not violating any laws unless he threatens you physically. You might scare him off by writing him a letter threatening him with a law suit if he continues; suggest it's jeopardizing your work relationship. I assume you answer your own phone and don't have anyone at work to screen your calls.

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Answered on 1/28/03, 4:08 pm


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