What does Maryland State law says about abandoned property?

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What does Maryland State law says about abandoned property?

Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes

I am looking for how Maryland law handles abandoned tenant property. I can't find any reliable sources online. I am looking for information about storing the property for any length of time, can you dispose as you please after that? Does money get turned over to the state after sale, etc?

Thanks!

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
10y

@Mindy Jensen The easiest thing to do is to file for an eviction, then the Sheriff will supervise allowing you to move the contents of the property to the curb. Even though it costs a bit of money, Ive used marylandevictionsonline.com to do this. I find outsourcing it is just easier for me even though it costs more than I feel is a reasonable amount. They can handle the eviction, arranging the labor to get the stuff out of the house etc.

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    @Mindy Jensen The easiest thing to do is to file for an eviction, then the Sheriff will supervise allowing you to move the contents of the property to the curb. Even though it costs a bit of money, Ive used marylandevictionsonline.com to do this. I find outsourcing it is just easier for me even though it costs more than I feel is a reasonable amount. They can handle the eviction, arranging the labor to get the stuff out of the house etc.

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  • Mindy JensenPro Member
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    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    Thanks, @Russell Brazil. How about if the tenant leaves, either midnight move-out or scheduled move-out, and doesn't take everything with them? Garbage is obviously just tossed (document with pictures!) but what if they leave actual items of value? Is the landlord required to store these items for a certain period of time, or can they dispose as they wish?

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  • Ned CareyPro Member
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    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    10y

    I honestly do not know specifically. I would either evict as @Russell Brazil says or get in writing from the tenant acknowledgement they have left and abandoned the property.  Otherwise you are at risk that you stole grandmothers diamond ring that the tenant left behind. 

    Landlord tenant laws vary from county to county in MD. In general MD is a very liberal tenant friendly state. (I feel my anger and blood pressure going up just writing that.)

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    @Mindy Jensen Im not positive, but I think you are supposed to store the items...which is why I file for the eviction, so it can just be moved to the curb and bypass the whole issue of having to store anything at additional cost. Then scavengers pick though it and take a lot of it, and the rest goes to trash.  Its been a few years since Ive had to do it.

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y
    Originally posted by @Ned Carey:

    Landlord tenant laws vary from county to county in MD. In general MD is a very liberal tenant friendly state. (I feel my anger and blood pressure going up just writing that.)

    The way the laws vary from county to county drives me mad sometimes.  One of the things that really drives me nuts is that in Montgomery County (Where I live) a tenant is not late on the rent till the 10th day of the month. That is just absurd.

    @Mindy Jensen Most of the counties in Marlyand have a landlord/tenant handbook that can be downloaded on the county website.  It is not exhaustive by any means, but does have a lot of valuable information in them.

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  • Mindy JensenPro Member
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    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    Thanks, @Ned Carey.

    @Russell Brazil, the content may not be exhaustive, but reading it is exhausting... 

    Thanks. I appreciate your responses!

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  • Ray Slack
    Investor · White Haven PA · Member since 2014 · 362 posts · 221 votes
    10y

    I would agree with the other 2 replies.. I purchased a property at foreclosure and the prior owner left the house over 1 year ago and left everything including furniture, clothes, ect. 

    My attorney said I would have to file for eviction to "evict" the furniture.

    Good Luck

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  • Peter S.
    Real Estate Agent · Forest Hill, MD · Member since 2016 · 24 posts · 2 votes
    8y

    Great thread all. @Ray Slack I have a similar issues up in Harford County where the property was purchased at foreclosure. The bank was the prior owner since the courts awarded possession to the bank. The owner before that still has the key and has a lot of stuff in there (mostly clothes).  I've tried to do cash for keys with them but they're not responding. 

    Waiting on a call back from my attorney, but curious if anyone has any updated info on this one?

    Particularly what you were saying @Mindy Jensen with storing their personal property and giving them a deadline to remove? This would be much easier and cheaper than the eviction process. We would just need a locksmith to let us in and then change the locks.

    Thanks to all!

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  • Ray Slack
    Investor · White Haven PA · Member since 2014 · 362 posts · 221 votes
    8y

    Well, a "friend" of mine that had the same problem of abandoned property in a foreclosure for several months came back one day to find the front door kicked open and somebody had stolen all of the prior owners abandoned property and removed it from the house. He then called the police filed a police report and took video of the empty house showing that there was nothing there. And then he changed the locks and took possession. Lucky break.   Or rather lucky break in

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  • Sean Wenzel
    Hagerstown, MD · Member since 2018 · 7 posts · 3 votes
    8y
    Originally posted by @Russell Brazil:
    Originally posted by @Ned Carey:

    Landlord tenant laws vary from county to county in MD. In general MD is a very liberal tenant friendly state. (I feel my anger and blood pressure going up just writing that.)

    The way the laws vary from county to county drives me mad sometimes.  One of the things that really drives me nuts is that in Montgomery County (Where I live) a tenant is not late on the rent till the 10th day of the month. That is just absurd.

    If rent is not late until the 10th day of the month, can a landlord get around this by making the rent due date the 9th of the month?

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  • Aaron Hunt
    All Over, USA · Member since 2017 · 689 posts · 756 votes
    8y
    Originally posted by @Ray Slack:

    Well, a "friend" of mine that had the same problem of abandoned property in a foreclosure for several months came back one day to find the front door kicked open and somebody had stolen all of the prior owners abandoned property and removed it from the house. He then called the police filed a police report and took video of the empty house showing that there was nothing there. And then he changed the locks and took possession. Lucky break.   Or rather lucky break in

    Haha, thats one way to clear out your place!

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    8y
    Originally posted by @Sean Wenzel:
    Originally posted by @Russell Brazil:
    Originally posted by @Ned Carey:

    Landlord tenant laws vary from county to county in MD. In general MD is a very liberal tenant friendly state. (I feel my anger and blood pressure going up just writing that.)

    The way the laws vary from county to county drives me mad sometimes.  One of the things that really drives me nuts is that in Montgomery County (Where I live) a tenant is not late on the rent till the 10th day of the month. That is just absurd.

    If rent is not late until the 10th day of the month, can a landlord get around this by making the rent due date the 9th of the month?

     If you make rent due on the 9th, then the tenants rent would not be late til the 19th.

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  • Nathaniel Thomson
    Rental Property Investor · Annapolis, MD · Member since 2019 · 5 posts · 7 votes
    6y

    @Mindy Jensen Can you please share if you found any additional resources on this topic? Or what you ended up doing?

    I'm in Anne Arundel county, and my tenant picked up and left. The tenant was two months behind on rent, and we were in the middle of our second judgement/eviction process - so I think they simply decided to leave. Without any response via email, phone, or text to my inquiries, I posted a "notice to enter," and just completed my inspection today. Fortunately, the property was left in good condition. They did leave something for their vehicle I want to try and get back to them.

    I plan to email, text, and call - to offer to hold the item for 7 days.

    Also - curious if you or anyone else here has a good reference/lawyers/advice on seeking "back pay." I plan to take the security deposit towards back pay, leaving me a balance of around $3100. Should I expect to ever see any of that money again?

    Thank you all for your advice here! I'm excited to get this property re-listed, with a property manager this time - and get going again. 

    BTW - @Russell Brazil - I used MarylandEvictionsOnline.com as well, and they processed all of my "failure to pay" and "writ of restitution" documents for what I believe was a fair price - our tenant paid before we ever had to pay $800+ for their eviction services. Overall happy with their service though (easy online application).

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  • Mindy JensenPro Member
    OP
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    6y

    @Nathaniel Thomson, I did not find anything additional besides these comments.

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