Legal Question in Landlord & Tenant Law in Maryland

I am delinquent in paying my January rent and told the resident manger I was going to pay it on February 1, 2012 along with the February rent and he told me that is not acceptable and if the Jan rent is not paid by January 31, 2012 by midnight he is tasking possession of the property.

My question is if I go in to the office anyway and pay for both months can he still evict me. I did not get an eviction notice or any court papers. I did not even get a letter from the rental office about taking possession of the apartment just he verbal threats and a cop came with him which frightened me that he was really going to repossess the apartment right after the January 31st date.

Can he do this then or even after I pay every cent I owe on the first of February?


Asked on 1/30/12, 4:15 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Depending on the language of your lease, the resident manager likely does not have to accept your January payment if it's late. HOWEVER, the landlord CANNOT evict (disposess) you from your unit without first filing a dispossessory (eviction) action with the court. You must be served with papers informing you of the time and date of the court hearing. If you want to stay in the unit, I would suggest you bring all past due rent and offer to pay it at the hearing. If the court allows the eviction to move forward, you will be given a certain number of days to get your stuff out. If you don't, the sheriff can come and forcibly remove you and your stuff. Of course, if you can afford one, I would STRONGLY recommend that you hire a lawyer for the dispossessory hearing to represent you. Your chances of success improve greatly with a lawyer at your side.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 2/16/12, 11:47 am


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