Legal Question in Real Estate Law in Maryland

Tenants rights regarding pets

We've rented an apartment within a large complex in Maryland for approximately 10 years. For 6 1/2 years we have owned a cat which has resided with us. This month our apartment was entered by management for a HUD inspection. After the inspection we were sent a formal letter detailing a "no pet" clause and threatened with eviction. My questions are 1) Is there a six year statue of limitations ,which applies to actions based on contracts, that could prevent the landlord from enforcement of this no-pet clause? 2) The apartment was entered when no one was home, a note was left in the kitchen indicating they had performed a HUD inspection. The advance notice posted by the landlord said "Your apartment will only be shown if you are at home". Is this an illegal entry? What are my tenant rights? Is this a possible bargaining chiip?


Asked on 9/28/99, 4:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Tenants rights regarding pets

Because you have lived for so long in the apartment, you are probably now on a month-to-month tenancy. This means that the landlord can evict you for any reason with 30 days notice. There is no statute of limitations issue here.

There may have been a lease violation when the HUD inspector entered your property; you would have to review your lease to determine this. However, it would be difficult to demonstrate damages even if you should have present for the inspection.

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Answered on 9/29/99, 4:28 pm


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