Legal Question in Real Estate Law in Maryland

Re: Eviction process

You should have a lawyer review your lease and notice, and if they are sufficient, then have the lawyer file a complaint for possession in landlord/tenant court. Your friend can't act for you to go to court; only a lawyer can do that.

Re: Eviction process

Your actions depend on the wording of your lease. If you opt to hire an attorney and he/she does not ask to see the lease, you should question whether they will be able to provide you with effective service.

You should understand that "self-help" is strictly forebidden. Self help, for example, would be an action to evict tenant without a court order providing for such.

You need to avoid the tenant becoming a hold over tenant. This is accomplished, where your lease provides properly for such, through appropriate notice.

Here is Maryland's law regarding your issue: 8-402 (b) Notice to quit. --

(1) (i) Where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the

property after the expiration of the term for which it was leased and shall give notice in writing one month

before the expiration of the term or determination of the will to the tenant or to the person actually in

possession of the property to remove from the property at the end of the term, and if the tenant or person

in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court

of the county where the property is located.

Please note that there are several exceptions to the notice being made one month prior to the expiration of the lease. The content of your lease,

location of the rented property, and other factors apply to this determination.

In re-taking possession, you are also entitled to recover actual costs.

I suggest you consider hiring an attorney to attend to your matter since you are located out of state. I am available at a reasonable fee. Call me at (410) 799-9002, leave your phone number as well as the number for the person in Maryland who is available to assist you.

Please note: Juridiction for an action to quit is NOT in Renter's Court. Non-payment of rent is a matter properly brought before Renter's Court.

Re: Eviction process

If the notice etc are in order (you should have an atty advise as to this) you need to file a complaint in the Landlord tenant court for possession of the premises. In many maryland jurisdictions, a landlord who resides out of state must have a designated "agent" who resides in Maryland for purposes of accepting legal process. Since most landlords need to designate someone for this purpose, they frequently designate that person also as the "managing agent" for the property. The managing agent can then accompany the landlord's attorney to court and give testimony obout notice, payment of rent etc if such is necessary to get the eviction.

As a technical matter, a formal property manager can actually represent a landlord in court (this is just about the only area of the law -- and only in Maryland -- where a non-lawyer can represent others --- it is made possible by a provision of the maryland code). However, if a landlord needs to obtain possession without a hitch, it would make much more sense to spend a few dollars on a competant attorney and have the eviction done correctly the first time.

Please feel free to contact me directly if you desire 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.