30 day notice to quit

[living in md]

I live in Maryland and have a 1 year lease. I received a 30 day notice to quit because my landlord received rent late twice. The first time that they received the rent late is when I first moved in and the address that I had to send the rent to was an insufficient one. The second time the rent was late and I included the late charge which is a condition of the lease. I was never given a warning that this was a problem and the 30 day notice to quit does not give time to correct a problem. What I need to know is do I have any rights?

 

[djdj]

You have a right to live there untill the lease ends...

The landlord is an assssss, and being late is no excuse for him to violate the lease.

So write a letter send it certified mail return reciept, stating the rent was late do to the landlords error, and the second time you included the late fee,which was stated in the lease, and that you will not vacate, and expect the landlord to honor the lease unit it expires.

Of course you know he willnot renew the lease so be out when it expires THEN sue him in small claims court for your deposit back, since he will screw you out of it.

 

[living in md]

I have spoken with this landlord and asked that she reconsider and she told me that she could find someone that would pay on time and she has already ran an ad in the paper and has contacted me about showing my home. I really feel as if my privacy is being infringed upon. She did also tell me that they have properties for people like me that are run down trailers or shacks. What can I do to stop her from having people show the home?

 

[djdj]

I would call the police on her......and have her arrested, for TRESPASSING, you have not given her permission to enter, there is NO emergency, and you have NOT been evicted...SO she cannot show the apartment, or have the utilities cut off or even CHANGE the Locks, a marshall or sherrif must do that with a court order.

You have a legal right to live there for the full year unless a judge tells you, you cant....So you have not had your day in court!

This is still America remind her of that!

[Edited by djdj on 01-19-2001 at 09:31 PM]

 

[living in md]

I knew that she couldn't have utilities shut off or the locks changed but I wasn't for sure about showing the apartment. Can I legally tell her that she can't show the apartment? I really don't know Maryland law.

 

[djdj]

call the police...then she will get the message that what she is doing is ILLEGAL!

remember YOU followed the lease she didn't!

You paid the rent on time,but it was her mistake about the address.. and thenyou paid the late fee.

You have done nothing to violate thelease..she has

remember you have a right to face your accuser in a court of law, and YOU wish to exercise YOUR constituional rights as an American.

[Edited by djdj on 01-19-2001 at 09:42 PM]

 

[living in md]

I don't mean to be annoying but she has called me and asked to show the property. Can I tell her no? I'm a nervous wreck over all of this. I have children and I don't want them to have to go thru any of this. I'd move but the kids love where they live as I do and it's the principle of the whole thing.

 

[djdj]

read the reply.....this will teach your kids about the way our system works.

 

[djdj]

One more thing.....lets put her in a really bad situation

Next month when the rent is due pay her on time and she will have to make a choice...if she cashes your check then she cannot start any eviction proceedings.....if she returns your check then she can, but for what reasons is she going to tell a judge?

I think the judge will throw her out of court.

If she is so broke, will she or wont she cash your next months rent check?

 

[living in md]

I had planned on doing that. She sent the notice on January 11th and gave me until Feb 11th to get out. She isn't broke and has told me so. What she told me was that I was her employer and she wasn't paid at the proper time and then proceeded to tell me that if my employer did that I'd quit my job. She also told me that having the insufficient address was my fault because I have tried to remind her that the rent would not have been late had that not happened.

 

[djdj]

http://mgasearch.state.md.us/search97cgi/s97is.dll

click on that and start reading each item.....

also a 30 day notice usually start when you normally pay rent, so if you pay rent on the 1st that notice is not legal, Jan 11 the notice should read to be out by March 1st,

But she has no legal right to evict you as long as the rent is paid.....and thats her choice now isnt it?

 

[djdj]

§ 8-208.2.
Real Property

(a) Notwithstanding the provisions of § 8-208.1 of this article, a landlord of real property subject to the provisions of
Title 6, Subtitle 8 of the Environment Article may not evict or take any other retaliatory action against a tenant primarily as a
result of the tenant providing information to the landlord under Title 6, Subtitle 8 of the Environment Article.

(b) For purposes of this section, a retaliatory action includes:

(1) An arbitrary refusal to renew a lease;

(2) Termination of a tenancy;

(3) An arbitrary rent increase or decrease in services to which the tenant is entitled; or

(4) Any form of constructive eviction.

(c) A tenant subject to an eviction or retaliatory action under this section is entitled to the relief, and is eligible for
reasonable attorney's fees and costs, authorized under § 8-208.1 of this title.

(d) Nothing in this section may be interpreted to alter the landlord's or the tenant's rights arising from a breach of any
provision of a lease.

 

[living in md]

Please remember I'm law illiterate. But after this person has said some of the things that she has about me as far as receiving late rent anytime after the 1st of the month when my lease gives me until the 5th to pay I really want to understand as much Maryland lanlord tenant law as I can.

 

[djdj]

Ok its jus we have to get everyones attention, and for you to use this thingy called a computer to learn, read and research everything.

So according to the lease the late fees apply after the 5th?

Remember most of this is all common sense, if you are late because of a holiday, New Years, 4th July, labor day... or any holiday, the grace period is extended to the next business day. So if new years day is on a friday, the rent is not legally due till monday......period! and the landlord cannot charge any fees.

And a landlord cannot raise the rent change the conditions or evict you untill the lease ends, and it all has to be done in a court of law.

It sounds like your landlord is a communist,or a trailer trash redneck!

 

[JETX]

Just my $0.02 worth....

Contrary to what was posted by 'djdj', yours is NOT a simple matter and you might put yourself in a VERY illegal position if you follow his/her advice. Do NOT call the police and have the landlord charged with Trespass!!!

Here is the situation as I see it....
1) You have a lease in place. You need to read it and see what rights each of you have. Obviously, you have paid the rent late twice. In most residential leases this is considered a breach and could allow the landlord all sorts of things (accelerated rent, penalties, termination of lease, etc.). You need to see what your lease provides.

2) There is no 'statutory' provision for "I paid the late fees, there was no breach". Again, you need to read the lease.

3) Again, most leases provide the tenant with some 'protections' in the event of landlord 'abuse'. An example would be a requirement for 30 day written notice of termination. Again, you need to read the lease.

Bottom line.....
The landlord can do anything that the lease allows, and you can prevent the landlord from doing anything the lease does not allow for. If the landlord has the right to enter the property for inspection/maintenance (as most leases do), then he/she has every right to be there and you would be in deep 'do-do' if you tried to have her arrested for trespass.