Self help eviction in Maryland

[mamy1966]

Maryland...my daughter is a college student who paid her rent up thru the semester. her room mate did the same. Her room mate was forced by parents to take a leave of absence from school lst weekend. She gave her key to multiple people. My daughter went out for the night. upon coming home she found other people in her home fighting. she contacted the police and her landlord. Damage was done but minimal. The landlord changed the locks due to my daughters request. However she refused to give my daughter a key. After my son came to her home and asked for a key but was refused an altercation...verbal...resulted..the police were called by the landlord...upon their arrival it was found out that everything in the downstairs part of the townhome had been put in the outside dumpster including food. The police arrived and informed my daughter to press charges and also gave the landlord the advise to leave and give a key. Please advise what should be done next.

 

[Banned_Princess]

Really sweet, thats exactly what you mean.

Did your daughter press charges like the police had advised her to do?

How much ($$) was her stuff estimated to be?

Get your daughter a lawyer. The LL will end up having to pay for it, don't worry.

 

[Banned_Princess]

FILING AN EVICTION - Maryland

Eviction is a legal procedure. To evict you, a Maryland landlord must go to district court to get a judgment against you. If he gets one, the court will issue an order of eviction and a sheriff will make you leave the home. A landlord who moves a tenant's belongings out of the home, changes the locks, or cuts off utilities without a court order may be criminally prosecuted and liable for damages. If this happens, tenants should call the police and an attorney or legal services organization.


Maryland Evictions

Eviction is a legal procedure. The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to district court to get a judgment against you. If a landlord moves your belongings out of the home, changes the locks, or cuts off utilities without a court order, you should call the police and an attorney or legal services organization

Maryland Attorney General - Consumer Publications - Landlord and Tenants


Baltimore Neighborhoods, Inc. offers information to tenants (and landlords) statewide about their rights and responsibilities in eviction: toll-free (800) 487-6007. Residents of Baltimore can walk in for help and advice at the Public Justice Center's Tenant Advocacy Project, at 501 E. Fayette Street, Room 207.

You may wish to have a lawyer help you during an eviction process. The Legal Aid Bureau, Inc. offers free legal services to people with limited incomes. To find the office nearest you, call (410) 539-5340.

Maryland Evictions

Thats it. ..

I love it when LL's make huge mistakes like this.

She should take pictures of the damage to her things, and write an inventory of replacements she buys with reciepts. (Yes including the food)

 

[BL]

So was she given keys for entry ?

Was any of the belongings salvageable ?

She was advised on what to do.

What should she do ? Follow through with it , and ask the court for lawyer's fees and the max amount for penalties and damages .

 

[mamy1966]

She was given the key. All of the things that were thrown in the dumpster were in the open for several hours during a rain storm. Also included electronics that were left in rain. Also school books that are needed. Because of rain everythihg was ruined. She did file a report with the police and the ll is going to be charged with destruction of property.

 

[juber0]

Definatley make sure you go to court about the belongings that were ruined. Judges love it when landlords make such huge mistakes. If the property damage was less then $5,000, file a claim in small claims court.

The officer will get her for Criminal Destruction of Property, while YOU will get her for a civil claim. Imagine how fun that would be.

 

[Banned_Princess]

I am completely giddy for this OP's daughter I too love it when LL's think they can do whatever they want, and get a royal one.

Sweet.

 

[TigerD]

I am completely giddy for this OP's daughter I too love it when LL's think they can do whatever they want, and get a royal one.

Sweet.

I'm not. I think she would have rather had her stuff and no problems. But hopefully it will work out for her.

DC

 

[mamy1966]

Thanks and you are right. I didnt contact her landlord hoping she would come to her senses and offer to reimburse my daughter for at least the food. However she contacted my daughter today to give her a 24 hour notice about coming to the home to do "some work". Now prior to this she had never been to do any work. Anyway I contacted her with concerns and she told me that she was doing what the police officer told her she needed to do by giving her 24 hr notice. As I explained to the landlord my daughter would be in classes all day and I was not comfortable with her entering without her there because i was afraid the locks would be changed and all belongings would be thrown out. Well that was the straw that broke the camels back. This ll is crazy. She has told me that she is going to do something about tenants or students having all the rights. i know that there will be criminal charges and a civil suit. What to do about harrassment that she is certainly going to cause.

 

[sandyclaus]

Thanks and you are right. I didnt contact her landlord hoping she would come to her senses and offer to reimburse my daughter for at least the food. However she contacted my daughter today to give her a 24 hour notice about coming to the home to do "some work". Now prior to this she had never been to do any work. Anyway I contacted her with concerns and she told me that she was doing what the police officer told her she needed to do by giving her 24 hr notice. As I explained to the landlord my daughter would be in classes all day and I was not comfortable with her entering without her there because i was afraid the locks would be changed and all belongings would be thrown out. Well that was the straw that broke the camels back. This ll is crazy. She has told me that she is going to do something about tenants or students having all the rights. i know that there will be criminal charges and a civil suit. What to do about harrassment that she is certainly going to cause.

Technically, the LL can come in there anyway, even though no one will be home. As a rule, if they've given proper notice (which they have) they are allowed to enter, with or without further permission, regardless if someone's home or not to let them in. I'd plan on having someone there just in case.

As for doing something about tenants or students having all the rights, she will find she's out of luck. The law is the law, and it's not like the tenants & students wrote it. LL must abide by it or pay the consequences. She'll probably try to find another way to get what she wants.

If she harasses you or your daughter, be sure to keep excellent records and bring it with you to your court hearings. Judges don't like it when LLs retaliate against tenants who've stood up for their legal rights. If you haven't already, be sure to hire an attorney and have him on hand to help handle what's to come.

 

[mamy1966]

Unfortunately we havent found an attorney that will do anything until she tries to evict. They have given advise as to pressing criminal charges and civil suits. As I stated I did speak with landlord today and can tell she just isn't going to stop. This was a year lease. I really doubt the ll can prove that there was any breach since there wasnt. However I do not know if my daughter or I can handle another semester with this ll and the things she is doing. Should my daughter stick this year out always looking over her shoulder or do you think a judge would let her out of the lease. Am pretty sure the ll is coming tomorrow to remove stove and fridge that were furnished.

 

[BL]

Unfortunately we havent found an attorney that will do anything until she tries to evict. They have given advise as to pressing criminal charges and civil suits. As I stated I did speak with landlord today and can tell she just isn't going to stop. This was a year lease. I really doubt the ll can prove that there was any breach since there wasnt. However I do not know if my daughter or I can handle another semester with this ll and the things she is doing. Should my daughter stick this year out always looking over her shoulder or do you think a judge would let her out of the lease. Am pretty sure the ll is coming tomorrow to remove stove and fridge that were furnished.

If the LL harasses in any way including still trying to force her out by removing appliances the LL supplied , it may be possible to get a R/O on the LL .

As was stated Judges do NOT like it when a LL retaliates for tenants who call authorities , and LL's that clearing break the Law .

LL's have a right to entry under the Law ,but can not abuse it .

Here you have damages the LL wants to repair .

Obviously the LL is going to be upset . It not against the Law to be rude .

Your daughter sticks to the lease and her tenant duties and makes sure the LL does the same .

It's a business ,treat it as such and follow through on the criminal and civil suites.

 

[mamy1966]

I agree with you BL it is a business transaction. The ll has made it personal. I agree she could be upset. But she got upset with my daughter for calling the law. There are no damages in the home and nothing needs fixed. The ll is using the 24 hr notice the police officer gave her to just come and hang out at the home. Do you really think a college student wants to spend her time at district court? This situation is not getting better. Do you think a judge would allow my daughter to break the lease when her ll takes her to court.

 

[BL]

I agree with you BL it is a business transaction. The ll has made it personal. I agree she could be upset. But she got upset with my daughter for calling the law. There are no damages in the home and nothing needs fixed. The ll is using the 24 hr notice the police officer gave her to just come and hang out at the home. Do you really think a college student wants to spend her time at district court? This situation is not getting better. Do you think a judge would allow my daughter to break the lease when her ll takes her to court.

I'm going by what you posted .

She gave her key to multiple people. My daughter went out for the night. upon coming home she found other people in her home fighting. she contacted the police and her landlord. Damage was done but minimal.

Plus why would the LL now take your daughter to court when the LL knows or should know she's up for possible criminal and civil suites ?

If she wanted out of the lease she should have filed the police reports and walked away THEN citing constructive eviction .

 

[mamy1966]

college student...two and a half hours away from home...room mate gave key to multiple people..minimal damage was flour on kitchen floor...my daughter helped clean it up...why would you walk away that day when your alternative is homelessness. LL isnt stopping she thinks everything she has done was right. I am sorry...only seeking some advise.