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Updated almost 8 years ago, 01/27/2017

User Stats

66
Posts
5
Votes
Kerry M.
  • Rental Property Investor
  • Washington, D.C.
5
Votes |
66
Posts

Eviction of unwanted family member in Maryland

Kerry M.
  • Rental Property Investor
  • Washington, D.C.
Posted

A friend has let her family member stay since Dec 30 in her basement.  However the family member is not following house rules and becoming a problem.  What does my friend need to do

User Stats

66
Posts
5
Votes
Kerry M.
  • Rental Property Investor
  • Washington, D.C.
5
Votes |
66
Posts
Kerry M.
  • Rental Property Investor
  • Washington, D.C.
Replied

The family member was going to pay rent and she asked for an extension of paying rent right after moving in.  There is no written agreement and the owner of the home is elderly.

User Stats

1,982
Posts
596
Votes
Jassem A.
  • Investor
  • Pennsylvania
596
Votes |
1,982
Posts
Jassem A.
  • Investor
  • Pennsylvania
Replied

Post a pay or quit notice and file unlawful detainer if they do not pay or vacate

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User Stats

2,667
Posts
1,760
Votes
Deanna McCormick
  • Minneapolis, MN
1,760
Votes |
2,667
Posts
Deanna McCormick
  • Minneapolis, MN
Replied

Your friend needs to follow state landlord tenant laws.

Basically in my option, although a lease is not written, they had a verbal agreement. for a amount of rent for the basement level living space.

She would need to give her written notice to vacate. What's usually required is notice that her rental agreement is not going to be renewed. NO reason is required. But she has to give a full 30 day notice so do that right away before Jan 31,saying she would be required to vacate by Feb 28th. Along with that a Pay or Quit notice, which basically says she has 3 days to Pay the rent owed or Quit which means to vacate.. more than likely the person isn't going to just leave.. Your elderly owner will need to go down to the court house and file eviction action for non payment of rent. which will take several weeks to get scheduled and she will have to pay a filing fee for that. The notice to vacate is basically just reinforcing the fact that she is required to leave by Feb 28th if for some reason the eviction action doesn't prevail. 

She may want to hire a lawyer if she's not comfortable doing this herself.

She can not change the locks or lock the person out. The police will not help in removing her without a eviction action. The only other way is for your elderly person to offer her $$ to leave. She leaves the day she leaves she gets cash and your elderly person changes the locks on the house. 

legally it's hard to force someone squatting out of a house with out following the eviction action using the court to do so.. unless they have a good negotiator on their side. Issue a "No Trespass" order against her the day she leaves, so she stays gone.