Legal Question in Real Estate Law in Maryland

I have a tenant with no formal lease agreement. She has paid mainly with cash for the last 2 years. She paid twice with a check and one of those times a check bounced. Her mail has come here from the beginning. She currently owes me $1000 and has not paid. I have sent emails and called. She has not been at the house--only in and out. Can I change my locks and tell her to get access she needs to contact me and pay me in full. I then want to hand her a letter that gives her 30 days to vacate. Is this legal?


Asked on 10/14/09, 1:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You can't legally prevent access to her personal property without a court order, and since you don't have a written lease you can't get one. You can certainly give her a notice to vacate the next time you see her or leave it on her door, and if she leaves voluntarily you won't have to go through the court process. Otherwise, you need to file an eviction action in the Landlord/Tenant section of your county District Court. You can claim back rent as part of the case. Once the court clerk issues a summons, the sheriff's office will have to serve her. This may be difficult since she seems to never be there according to your question, but if the court notice is posted on the door, she can still be evicted. If she's not working it would be pretty hard to collect the money anyway, especially since you don't have a written lease.

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Answered on 10/19/09, 2:38 pm


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