Legal Question in Real Estate Law in Maryland

I have a detailed rental contract for a 12 month period. My tenant will be moving out in November and has always paid rent on time. The contract clearly stipulates that rent is due the 15th of every month for the entire term and that the damage deposit will be refunded no later than 30 days after move out and after a proper inspection.

October 15th came in and this person did not pay the rent, when contacted she made up stories as "check in the mail", after days the story switche to "a friend is paying for me" to finnaly bluntly saying, just use my deposit as last month's rent!

I find this unacceptable as it puts me in difficult cash flow situation and potential issue to collect in case there is property damage.

What could I do to enforce the contract and report this incident to affect her rental and credit history?


Asked on 10/23/12, 8:10 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Your tenant is in violation of the lease and is therefore subject to eviction. Unfortunately, she probably knows that it takes long enough to complete an eviction that her lease will be up by then. If you do file an eviction action in landlord-tenant court and get a judgment against her, that will be picked up by the credit bureaus and will harm her credit score. If you think she cares about that you should file it, asking for the unpaid rent and any late charges, and try to have her personally served (as opposed to having the court papers posted on the property which is usually what the sheriff does) so you can get a money judgment as well as possession. Best case scenario is she's taken good enough care of the property that it won't require more than normal between-tenant upkeep and you'll come out OK except for the cash flow aspect. Perhaps an immediate inspection would be in order to assuage your concerns, not that damage couldn't occur during a move out.

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Answered on 10/24/12, 7:07 am


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