Legal Question in Real Estate Law in Maryland
Forced to Move
I rented a warehouse in Nov. 2yr lease.
I explained to landlord I was late with rent & a
check bounced prior to end of month. I sent a
certified check for Feb. rent + 5% late fee 3/18.
Lease states that if I am over 30days late with the
rent it cancels my lease. Landlord and I met & I
explained the sit. Landlord fax on 3/3 states:
''Current lease was to March 2004, it will be
modified to Sept. 30, 2003. I am currently owed
$1500 Feb. rent (paid) $50 bad check, $75 late
fee (paid) $1500 March rent (unpaid) and $100 for
power. 3/10 Landlord showed me his warehouse
across the street (another artist works & will move
out in Oct.) he has an architect int. in my space. I
said I was not int. in other space - he said it didn't
matter because I had no lease.I was though the
lease was ''vebally reinstated'' after talking and the
fax. He claims that because it was NOT in writing
it (a new lease) I had NO LEASE. 3/14 architects
visit my space. 3/18 Landlord says architects are
moving fwd. with June lease. He wants me to
move out so the architect can move in. What kind
of protection do I have? How can I prevent him
from forcing out? Will the law uphold my lease?
3 Answers from Attorneys
Re: Forced to Move
Because of the statutory right to redeem a lease in MD up to the time of eviction, it is doubtful as court would uphold the lease termination. See an experienced real estate lawyer immediately.
Re: Forced to Move
There are facts that I would need to know in order to determine your rights. However, in general you have the right to pay up the rent and the lease will stay in force until ends by its own terms.
My firm is one of the largest suburban firms in Maryland; I have been involved in commercial and residential leasing and litigation issues for the past 10 years. I would be happy to chat with you for a few minutes to see if either I or my firm can be of assistance in finding a resolution to your problem.
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: Forced to Move
The following excerpts are from the Annotated Code of Maryland:
@ 8-401. Failure to pay rent
(a) Right to repossession. -- Whenever the tenant or tenants fail to pay the
rent when due and payable, it shall be lawful for the landlord to have again and
repossess the premises. .....
(e) Tenant's right to redeem leased premises prior to eviction. --
(1) In any action of summary ejectment for failure to pay rent where the
landlord is awarded a judgment giving the landlord restitution of the leased
premises, the tenant shall have the right to redemption of the leased premises
by tendering in cash, certified check or money order to the landlord or the
landlord's agent all past due amounts, as determined by the court under
subsection (c) of this section, plus all court awarded costs and fees, at any
time before actual execution of the eviction order.
(2) This subsection does not apply to any tenant against whom 3 judgments
of possession have been entered for rent due and unpaid in the 12 months prior
to the initiation of the action to which this subsection otherwise would apply.
INTENT OF SUBSECTION (E). --The legislative intent of subsection (e) of this
section was to enable avoidance of a forfeiture by meliorating the plight of the
tenant who might be unable to pay the rent on the day it falls due but can
manage to pay it before he is actually evicted. Berlin v. Aluisi, 57 Md.
LANDLORD'S REJECTION OF TENANT'S TENDER FOR REDEMPTION MAY TERMINATE LEASE,
releasing tenant from liability, even though tenant waived the right to redeem
the premises under subsection (e). Zazanis v. Gold Coast Mall, Inc., 63
Md. App. 364, 492 A.2d 953 (1985).
This should shed some light on the matter; however, as this issue strikes to your livelihood, you are
best advised to acquire the service of an attorney. As with many legal matters, preventing problems on the
front end through the assistance of an attorney may ultimately be more cost effective than waiting until later in the process to obtain
such assistance.
Feel free to contact me.
G. Joseph Holthaus III
(410) 799-9002
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