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Updated 6 months ago, 05/22/2024
Legal Inquiry Regarding Rent Payments in Washington County, Maryland
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?
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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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
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...
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.