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Updated 6 months ago, 05/22/2024

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Legal Inquiry Regarding Rent Payments in Washington County, Maryland

Matthew Ginsberg
Posted

In Washington County, Maryland, if my Lease Contract says all charges owed are considered rent, if my tenant paid their base rent but not maintenance fees and water bills owed, can i file against the tenant for failure to pay rent?

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Tim Miller
Pro Member
  • Rental Property Investor
  • Laurel, MD
376
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Tim Miller
Pro Member
  • Rental Property Investor
  • Laurel, MD
Replied

You use to be able to do this, "all fees are consider rent due" but not any more. A court case in Maryland has ruled against it. Below are a few links to the case.

https://www.mdcourts.gov/data/opinions/coa/2024/4a23.pdf

https://www.publicjustice.org/en/news/supreme-court-of-maryl...

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Nathan Gesner
Property Manager
Agent
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  • Real Estate Broker
  • Cody, WY
40,199
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Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Matthew Ginsberg:

In Washington County, Maryland, if my Lease Contract says all charges owed are considered rent, if my tenant paid their base rent but not maintenance fees and water bills owed, can i file against the tenant for failure to pay rent?


I read the rules shared by Tim. Maryland sounds like a rough place for Landlords.

  • Nathan Gesner
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Joe Norman
  • Investor, Realtor
  • Baltimore, MD
1,078
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Joe Norman
  • Investor, Realtor
  • Baltimore, MD
Replied

We don't consider charges/fees as "rent", but our lease does say that any money received by the tenant is applied to those first, and any left over is applied to rent. That has been the workaround for us.

@Nathan Gesner you're absolutely right, the rules are stacked against us here in Maryland. Even the Baltimore City Sheriff (who is in charge of enforcing eviction orders) testified in Annapolis this past session for more tenant eviction protections. Shows you who's side he's on...

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376
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Tim Miller
Pro Member
  • Rental Property Investor
  • Laurel, MD
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Tim Miller
Pro Member
  • Rental Property Investor
  • Laurel, MD
Replied
Quote from @Nathan Gesner:
Quote from @Matthew Ginsberg:

In Washington County, Maryland, if my Lease Contract says all charges owed are considered rent, if my tenant paid their base rent but not maintenance fees and water bills owed, can i file against the tenant for failure to pay rent?


I read the rules shared by Tim. Maryland sounds like a rough place for Landlords.

Didn't use to be but it's getting worst! If your in Hagerstown, MD you have to put up with city inspection and every now and then you get one with a chips on his/her shoulder. I'm dealing with one now, example of issue: They want hand rails going down to the basement from the outside cellar doors. Tenant doesn't have access to this part of the basement.