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Updated over 9 years ago on . Most recent reply
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- Rental Property Investor
- Baltimore County Maryland and Tampa Florida
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This is why it's so important to know your local laws
Just wanted to share a huge reason you need to understand--or know how to research--your local housing/rental laws.
I have a tenant that has recently started causing me a lot of trouble. She stopped paying her rent this month. She has people living with her not on the lease who cause damage to the property. She and/or her "guests" have caused a broken window, overflowed tub, and her main door is barely hanging onto the frame.
I went to do an inspection to see the damage for myself. Neighbors reported it. Not her. We took pictures. She got angry at me and started yelling in my face to "go ahead and do something."
Anyway, I'm interested in an eviction for breach of lease. I have already filed for the failure to pay rent issue. That's separate. I want to evict due to the damage and extra people.
I called the company I typically have used in the past to file and handle my rent court stuff. I asked if they file the breach of lease and the guy tells me that because I'm a LLC that an attorney must represent me in court. I am surprised because I was fairly sure this was not the case and that I could indeed represent my LLC in court. In fact, I did find on the Maryland state site that a LLC officer can be the representative especially for small cases.
Next, he also said, "first you need to send your 60 day notice of breach of lease."
Well, it's not 60 days. It's 30 days. And it's 14 days if "the breach of the lease involves behavior by a tenant or a person who is on the property with the tenant's consent, which demonstrates a clear and imminent danger of the tenant or person doing serious harm to themselves, other tenants, the landlord, the landlord's property or representatives, or any other person on the property.."
The point is, if you leave it up to others to do your job for you 100%, you will get the wrong information, and therefore, not the best deal for your situation.
Most Popular Reply
Attend your Landlord Associations if you want to be on top of the game. They have Lawyers come in and talk free of charge to the group. They have everything you want and need to know, via speakers, and one on one sharing with each other.
You need each other. Who else will know the laws and the rules of the nature of the beast, but others who share the same scenario.
Nancy Neville