Legal Question in Real Estate Law in Maryland
Partial Payment of Rent
My landlord has gotten a failure to pay rent judgement against me. He told me that he would allow me to make it in two payments (1/31 and 2/7). I gave him the first payment and now he is telling me I have to have the rest of it by 2/3 or he will get a warrant for eviction. Can he do this since he has already accepted partial payment on the amount of the judgement or does he need to refile on the balance?
1 Answer from Attorneys
Re: Partial Payment of Rent
First, let's be clear. Your landlord filed for and received a judgement. He/she need not file again for another judgment.
Where the judgment allowed for partial payment, such shall be honored fully within the law. But you did not indicate that partial or staggared payment was part of the judgment. Essentially, the landlord's payment is due upon and in accordance with judgment.
Now comes practical matters. If the landlord agreed to the terms you stated, then the landlord should keep to them. However, unless these terms where part of the judgment or otherwise reduced to writing then you have little basis to protect yourself except to pay the judgment in full in accordance with it terms.
The landlord may bring a claim for possession of the propery (i.e., eviction) however you have a statutory right to make good on the rent as due under contract (see my responses to other LawGuru questions).
To protect yourself, you must first satisfy the outstanding judgment. Be sure to remit this payment and retain appropriate documentation of payment remission (again, see my responses to other inquiries for further guidance). Dismissal of the judgment should then be sought. Your credit score may be adversely affected as a result of this matter.
If you require assistance with this or any other legal matter, feel free to contact me at (410) 799-9002.