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Updated about 8 years ago, 01/05/2017

Account Closed
  • Investor
  • Baltimore, MD
688
Votes |
1,368
Posts

baltimore landlords, we must fight the following......

Account Closed
  • Investor
  • Baltimore, MD
Posted
There exists a significant problem in district court procedures that we must all be concerned with. Legally, there are three ways in which rent can be paid. These are to pay rent as required by the lease to your landlord, to receive a failure to pay rent judgement for not doing so, or to assert in or before rent court that a serious threat known to landlord, yet not repaired exists, and to pay all rent owed into a rent escrow account at the time of filing. Summarized, LEGALLY, THERE EXISTS NO OPTION FOR NON-PAYMENT OF RENT.
As many of you may be aware, district court, despite the law, has decided the a rent escrow case can be filed without rent being paid into court at the time of filing. THIS IS A VIOLATION OF THE LAW.
What is happening as a result, is that a tenant who wants to get out of a rent judgement (even during the rent judgement hearing itself) can pay a 30 dollar filing fee and delay a rent judgement from anywhere from 2 weeks to months without having to pay any rent, all while living comfortably in your home. Tenants are learning more and more of this procedure (and are even shown a video preempting rent court how to do so) and utilizing it in order to escape judgements and eviction.
Further, a tenant would now be incentivized to damage your house in order to justify/ elongate the escrow procedure.
Rest assured, if district court followed the letter of the law by requiring tenants to pay all rent owed "at the time of assertion of an escrow claim", none of the above would be a concern.
I recently got an invite to the monthly rent escrow procedures meeting at district court (attended by several judges, clerks, various attorneys, etc) and brought this problem to everyones attention, where this issue was dismissed despite it being the law.
As people that depend largely on the poor to pay their rent (or section 8 which means you are beyond poor) proper adherence to the letter of the law in these matters is vital.

The law can be found under the preconditions heading of rent escrow law in baltimore city's public laws, section 9. This paying of rent condition does not contain any ambiguity. What do we do???? not sure. however, a tenant being provided a legal way to live in a house without paying rent DESPITE THE LAW STATING THE OPPOSITE, is unacceptable I implore you, if you ever find yourself in an escrow hearing, request a dismissal due tot he fact that the preconditions have no t been met, and appeal to circuit court if not granted. If enough people follow this procedure, district court will eventually get the message. lets Scientology these people into submission. *scientology filed lawsuits on IRS agents all over the country until they were granted tax exempt status)

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