Baltimore City Sqwatter?

Question

I don't know what to call this individual. I have a tenant that only stayed 2 months. In that time he let his step dad live there without my knowledge. Tennant say's he's moving on the first but dad say's he's staying and I have to file on him. Is there any other recourse aside from the courts and gangster stuff?

Patricia Steiner · Answer

Dang...amazing how much chaos can be manufactured in such short order.  Here's the law in Maryland on those unwanted/unauthorized persons as well as a clause to include in future leases to avoid this:

https://www.baymgmtgroup.com/blog/find-unauthorized-person-rental-property/If it were me, I would start by making this the tenant's problem. Let him know that rent will be due from him for as long as the property is occupied by anyone he allowed to move in without being on the lease.  It is in his best interest to ensure that his father leaves when he leaves as his legal and financial obligation will remain if that doesn't happen since he violated the terms of lease.  I would also serve him with notice of inspection for 9 a.m. on the 1st and note that the inspection will be conducted by yourself and a third party - and show up with a witness to photograph/record the condition of the premises and document who is there. I actually hired a security guard (in uniform with badge) to have an independent witness with me; the tenant must have thought he was a police officer because he was quite compliant.

Hope this helps...and even more - I hope they're gone.

Russell Brazil · Answer

@Ned Carey might be familiar with Baltimore City evictions/squatters

Russ B. · Answer

Good advice above - make sure the outgoing tenant knows that he is on the hook for anything and everything his unauthorized sub-lessee does, including simply squatting there without a lease.

It might also be worth pointing out that he would be named on any eviction that got filed, which will turn up when a future landlord does their background check. It's awful hard to get in anywhere when you have an eviction.

Ned Carey · Answer

@Mark Cruse No, you have to go through the legal process to get possession of the house.

The question becomes which legal process? There are at least four options you could use depending on the specific circumstance.

• Eviction - for an existing tenant, it is filed in rent court.
• Tenant holding over - For a tenant that has continued to live in the property 
• Breach of lease - against an existing tenant for breaking some aspect of the lease. 
• Wrongful detainer - to remove someone who was not a previous tenant and has no legal right to be in the property.
• Tenant holding over - For a tenant that has continued to live in the property after the termination of a lease.

There are many possibilities here. Even though the tenant has left, if he or she did not give you legal notice they are leaving he or she could say his dad was watching the property while he was gone and he intended to come back.

So do you evict the dad? He is not a tenant but if rent is not being paid, that is probably the right thing to do.   Is it a breach of lease? It depends on what your lease says. Do you file a wrongful detainer? it depends on what your lease says.

Can you file a tenant holding over?  If the lease has not expired AND you have give legal notice the you are not extending the lease, the lease may still be valid.

I am not an attorney. The above is not to be considered legal advice for your specific situation, only my laypersons understanding of the law. I suggest Jeffry Tapper in Owings Mills Md. He is an attorney who specializes in  landlord tenant actions, if you do not know anyone closer.

Nathan Gesner · Answer

Yes, you would have to evict Dad but the son is your legal tenant and contractually obligated for the full term of the lease. Let him know he will be held responsible for rent, the costs of evicting dad, cleaning, repairs, etc. See if you can get him to negotiate getting dad out and paying a penalty to "buy out" the lease and let you look for a new tenant.

Consider hiring a professional property manager. The cost of hiring a professional is less than what one bad tenant can cost you in damages or lost rent. The key is to find a GOOD property manager.

Remember: cheaper doesn't mean you'll make more money.You can start by going to www.narpm.org to 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. Regardless of how you find them, try to interview at least three managers1. 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 addenda. 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, late rent, evictions, turnover, etc. 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.7. Look at their marketing strategy. Are they doing everything they can to expose properties to the widest possible market? Are their listings detailed with good quality photos? Can they prove how long it takes to rent a vacant property?This isn't inclusive but should give you a good start. If you have specific questions about property management, I'll be happy to help!

Mark Cruse · Answer

I informed him that all the expenses will be packaged in a judgement that will go after his tax returns every year.

Mark Cruse · Answer

Great advice. Thanks so much. Great information.

Mark Cruse · Answer

Outstanding advice. Thanks

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