Legal Question in Real Estate Law in Maryland

Retain Tenants Property for non-payment

I allowed someone to rent a room in my house for a short term with no Lease. She is moving out and still owes me money. Can I change the locks and retain her property till I recieve all Monies due?


Asked on 2/12/03, 4:23 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Retain Tenants Property for non-payment

This can only be done by going through a court process, known as an action for distress, and only if the "rental period" was more than 3 months. You have to file a petition and wait for a court order before you can dispose of the property, assuming it has any value. You may have to post a bond to protect the property in case your petition is rejected. So you need to decide if the amount owed to you is worth all this effort and expense. If she's working or has a bank account, you can sue her for the money owed and if you're successful you can attach the bank account or garnish wages through her employer. If you improperly deprive her of her property by changing the locks before she is able to recover her things, she could theoretically sue you for conversion.

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Answered on 2/12/03, 4:37 pm


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