Legal Question in Landlord & Tenant Law in Maryland

I'm a landlord with tenants. The apt had a fire a few months ago, and the property was condemned so my tenants had to move out. They recently moved back in last month, and the renovations are mostly done. The contractors need to come back to deodorize the apt a 2nd time because a mild smoke smell persists. The problem is no one can be in the apt for 24 hrs after the deodorizing because the chemicals used are toxic. My tenants refuse to leave the apt even after I offerred to help pay for a motel. I already took off the rent for the portion of March that they were there, and for the last 3 years, I let them pay rent 2 wks late to help them through tough financial times. They have become nasty since they moved back in and won't leave for this deodorizing process. Can I legally force them to be out for that 24 hrs? Help!


Asked on 4/09/11, 7:19 pm

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

if you want to do it, you can force them out to do the deodorizing. But, the easier play may be to document what has happened (so that they can't say that they dont want to pay rent b/c the place smells bad); Then let them stay til the lease is over. Then properly terminate the lease and they will be gone. Then in the process of your normal rehab for the next tenant you can have the deodorizing work done at that time.

Alternatively, you can hire attorneys and go to court to force them to let you make the repairs.

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Answered on 4/20/11, 12:32 pm


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