Legal Question in Real Estate Law in Maryland

Re: tenant w/o a written lease

She is (arguably -- she may have fewer rights, but you could have even criminal problems if you call this one wrong) a month-to-month tenant. You have to give her at least one month's written notice to quit, which has to encompass one whole calendar month. I.e., if you want her out by the 15th, you have to give notice by the first of the month before). If she does not leave, you then file a complaint for possession in the Landlord/Tenant division of the District Court of Md. for your county. If you do it right, the court will order her evicted. After you have judgment, the Sheriff will evict her.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302

Re: tenant w/o a written lease

This response is intended to provide general information only and is not intended as legal advice. If further information is desired, please make an appointment with an attorney to further discuss this issue.

In general, in a situation such as this, the teneant will be determined to be a tenant from month to month, each monthly term beginning on the first of the month and ending on the last day of the month. Either party may teminate the lease by providing the other party written notice of termination at least thirty days before the end of the term. If the tenant fails to leave after termination of the lease as set forth above, the landlord may file a tenant holding over action in the District Court. You are required to attach a copy of the termination notice to the complaint (a form that you can get at the clerk's office at the Court).

Susan Zuhowski

The Law Offices of Susan Zuhowski, P.A.

P.O. Box 1466