All Forum Posts by: James Gaither

I would give the tenant a call (I think you mentioned that as an option). While you have technically fulfilled your obligations under Md law, I don't see any point in leaving this issue open. If the tenant ever gave you trouble down the road, I can absolutely see at least half of the AA district court judges asking whether you tried to call. Even if you are 100% in the right, why invite trouble and a potential lawsuit? In my experience, tenants tend to file suits and ask questions later. I just don't see it being worth your time.

I would not touch the security deposit. That should be transferred over to you and maintained until the termination of the tenancy. The failure to pay rent suit most likely cannot be maintained either. What has happened prior to the purchase of the property in terms of owed rent is an issue that is between the prior LL and the tenant. By applying the SD now, you could be setting yourself up for a huge problem down the road.

Prepare the complaint for tenant holding over. Assuming your notice is proper, you should have little to no issues getting possession that way.

Filing is cheap and you can always dismiss. It usually tends to expedite payment too.

Dain Caesar I would recommend that you at least talk to a lawyer. The cost for a lease is generally pretty expensive if you pay a lawyer to make one for you (most firms who do this regularly have "golden" templates, including mine). But the value is unmatched. A vast majority of my cases come from landlords who use defective lease agreements, especially involving security deposits. One bad tenant with one bad case will easily absorb the cost of paying to get it right the first time. There are leases available online, etc., but you have to look at this like a professional. Your lease is the backbone to your entire operation. The lease is not the place to cheap out, both in time and money. My opinion, of course. One rule I preach to my clients: it is always-ALWAYS-cheaper to be proactive then to pay me after the fact.

Geez. Mike Kooser Sr please don't "chat" with a lawyer again. Make sure you have everything in writing. Take pictures and make sure that there are no obvious signs of someone still living there (bedding, food, etc). Then give me a call and I'll make sure you are good to go. From one Pasadena guy to another.

The posts above are all 100% correct. The LL would lose this claim 10/10 times in Montgomery County District Court.

Hey Scott Armstrong I can't help you (I'm only licensed in Maryland), but I wanted to give you a shout out. I grew up in Chester/Goshen. My dad still lives in Goshen. Didn't know many people rented there.

Max Tanenbaum is correct. They are j&s liable. If they default, you can go after them both and let them figure it out after you have your judgment. Just make sure the proper language is in your lease agreement.

Since you are so unsure, the smart play would probably be to at least speak to an attorney experienced in this area in your jurisdiction. My advice is to start with a lawyer in the first place. Most often the money you pay upfront is significantly less than what you would end up paying a lawyer to clean up on the back end.