Legal Question in Real Estate Law in Maryland

Re: What damages can i claim in an eviction lawsuit?

If your lease provides for the recovery of collection costs, you may recover them to the extent that they are reasonable. It's just a guess, but I don't think that a judge is going to permit you to recover your travel costs from Japan as reasonable collection costs. If the costs are high, you might consider simply hiring a real estate agent to be your representative as to factual issues and an attorney to present your case. If your lease so provides, you would then be able to recover your attorneys fees. You still would probably not be able to recover any amounts you pay a property manager to attend on your behalf.

You should also be aware that an eviction proceeding is generally one to recover possession of the property (an "in rem" action); you may need to file a separate complaint in the district court to actually recover money damages.

The greatest problem in eviction cases is that once you evict the tenant, you don't know where they move to, so it can be difficult to obtain service on them for a separate damages lawsuit. Plus, tenants who are not paying are also not likely to have assets that will be easy to attach after obtaining a judgment.

Please feel free to contact me if you would like any further information.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: What damages can i claim in an eviction lawsuit?

According to section 8-402(a)(1) of Maryland's Real Property Article, "the tenant who holds over is liable for actual damages caused by the holding over." In addition to determining whether the amounts expended by you for travel to the proceedings are reasonable, the court will have to determine whether the travel expenses you seek are actual damages caused by the holding over.