Baltimore Evictions -How long does it take? Am I getting scammed?

[Henry Birt Day]

Hello,

My first post on BP and its a doozy! So I own some properties in Baltimore Maryland. I'm not located in the state and found a PM to help me manage the properties. I've had a difficult squatter situation and was wondering if there are investors from the Baltimore area tell me if it is common to take over 6 months to evict a squatter? Here's my situation:

-August 2017 – my PM mentioned they had a potential tenant for my vacant property but we had to let them know quickly. I was considering selling the property, so told them to hold off on renting the property.

-September 2017 – I had a realtor visit my property and he told me that someone had recently moved in. He saw someone unloading items from their vehicle in to the property, including personal items like a therapy ball. He mentioned it did not look like squatters, but like someone had leased the property. I notified my PM and they visited the property and said they were squatters that moved in. They approached the squatters and the squatters showed them a signed lease. My PM said the lease was fake. He would call the cops and get them out.

-September 2017 – My PM mentioned that a new law had passed in Baltimore and that law enforcement could no longer remove trespassers if they stated they had a lease in hand. My PM said our only move was to evict.

Every month or so, I send an email to my PM to inquire about the status of the eviction. These are the responses I've received (and sometimes I have not received any responses, hence the gaps between responses):

11/29/17 - Me: I emailed asking for an update.

11/29/17 - PM: I do apologize for the delay for the eviction. Unfortunately the clerks office is behind causing this easy process a delay. However to give you so confidence in me I have sent Sal (My Rent Court) all of my concerns and I have also been in communications with the sheriffs office daily.

12/29/17 – Me: I emailed asking for an update.

1/10/18 – Me: I emailed asking for an update.

1/10/18 - PM: I am sorry, we were having some problems with our emails. Anyway, No..Unfortunately the sheriffs office is way behind. We are working hard on getting them out. As soon as I get a date for the eviction I will let you know, just know everything is in!

1/11/18 - PM: Can’t do evictions when it is under 32 degrees. The sheriff is backed up. Yesterday it was finally 39 degrees.

1/26/18 – Me: I emailed asking for an update.

1/26/18 - PM: Very slow process. For some unbelievable reason, there are only two people instead of four working at the sheriffs department. And the 37-year career span of Lt Harris running it was suddenly ended when he had a stroke 10 days ago. Now things are more amok.

1/29/18 – PM: I still have not received a court date for them. We just had to refile the warrant.

2/26/18 – Me: I emailed asking for an update.

3/5/18 – Me: I emailed asking for an update.

3/5/18 - PM: I do apologize, I have had a lot of IT issues these past few weeks. The attorney and myself are finishing up the paper work. We should be able to file for the warrant tomorrow and hopefully we have a date in the next week or two.

3/20/18 – Me: I emailed asking for an update.

3/26/18 - PM: Sorry for the delay, we should have a scheduled date with in 2 weeks. As soon as I get it I will let you know.

4/7/18 – Me: I emailed asking for an update.

4/9/18 - PM: The sheriffs office is so behind, everything is filed and completed on our end. I am just waiting for the sheriff to scheduled. Please bare with me, I am working on the eviction! I will update you as soon as it comes in.

4/23/18 – Me: I emailed asking for an update.

4/24/18 - PM: Unfortunately we still do not have a date for the eviction. Please know that I have not forgot, and I am following up.

6/5/18 – Me: I emailed asking for an update.

6/6/18 - PM: I wish I had better news for you. This city is crazy, and are pro-tenant. I mean when did squatters get rights! I have not forgotten about you!

So.....what's going on here? I've been paying water bills of $100/month for 9 months now and I can't get them evicted? My questions.....

1. Does it really take 9 months to evict someone in Baltimore city?

2. Is my PM fleecing me? Did they put a tenant in, collect rent, and tell me that its a squatter and they can't seem to get them out, which is why they're dragging their feet?

3. Any recommendations on how to address this?

Thank you so much for reading!

[Nathan Gesner]

On 11/29/17 the PM told you he was communicating with the Sheriff's office "daily." That should have been your first clue that they're lying. Nobody has time or energy to call the Sheriff's office daily.

I wouldn't be surprised if the squatter is paying rent and your PM is collecting it.

Consider taking the following steps immediately:

1. File a complaint with the Maryland Real Estate Commission. Just knowing there is a complaint may be enough motivation to put your PM on the straight and narrow.

2. Hire an eviction attorney to get these tenants out.

3. Send your PM a very short, clear email that basically says, "I believe you have failed to properly represent me as my Property Manager. I am filing a complaint with the Maryland Real Estate Commission, hiring an attorney to take over the eviction, and will be suing you for losses incurred due to your negligence." 

After you put the PM on notice, cut off communication and let your attorney or the Real Estate Commission do all the talking for you. No email, no phone calls, no texts. 

I also recommend you start a search for a new manager that can take over as soon as this is cleared up. Here's my cut-and-paste guide for avoiding the same mistake:

Start by going to www.narpm.org and search their directory of managers. These are professionals with additional training and a stricter code of ethics. It's no guarantee but it's a good place to start.

1. Ask how many units they manage and how much experience they have. If it's a larger organization, feel free to inquire about their different staff qualifications.

2. Review their management agreement. Make sure it explicitly explains the process for termination if you are unhappy with their services, but especially if they violate the terms of your agreement.

3. Understand the fees involved and calculate the total cost for an entire year of management so you can compare the different managers. It may sound nice to pay a 5% management fee but the extra fees can add up to be more than the other company that charges 10% with no add-on fees. Fees should be clearly stated, easy to understand, and justifiable. If you ask the manager to justify a fee and he starts hemming and hawing, move on or require them to remove the fee. Don't be afraid to negotiate!

4. Review their lease agreement and addendums. Think of all the things that could go wrong and see if the lease addresses them: unauthorized pets or tenants, early termination, security deposit, lease violations, late rent, eviction, lawn maintenance, parking, etc.

5. Don't just read the lease! Ask the manager to explain their process for dealing with maintenance or problem tenants. If they are professional, they can explain this quickly and easily. If they are VERY professional, they will have their processes in writing as verification that it is enforced equally and fairly by their entire staff.

6. Ask to speak with some of their current owners and current/former tenants. You can also check their reviews online at Google, Facebook, or Yelp. Just remember: most negative reviews are written by problematic tenants. The fact they are complaining online might be an indication the property manager dealt with them properly so be sure to ask the manager for their side of the story.

I hope this basic guide helps. If you have specific questions about property management, I'll be happy to help!