All Forum Posts by: James Gaither

Obviously, I respectfully disagree with Charles Parrish on this. The trick to avoid losing your shirt in any litigation is to win your case before it ever goes to trial. If a few hours with an attorney before helps save a future case from going to trial (or becoming a case at all), then you have saved yourself thousands of dollars in legal fees alone. Since you are drafting the contract in anticipation of a potential problem, such as a breach of the agreed upon terms, it makes sense to have an attorney involved as early as possible. You will have to have one if there is a breach-and you will pay much more in legal fees if there is a problem with your agreement. Almost any attorney will do this for you, but you need to be sure you speak with someone experienced in real estate matters. Please feel free to reach out, I'll happily assist.

Andrew Nugent yes, in Baltimore County the owner occupied exception only applies if the other tenants are related to you, or would cover you and one other tenant who is not a minor. So if you have two or more friends, who are also tenants, staying there, you need a license. It's very inexpensive and not overly complicated, so definitely worth just getting. The county inspection is straight forward as well.

Hi Andrew-from an attorney's perspective, make sure all of your leases, etc. are in order before you start renting (even for your friends). Make sure you remember to get your rental license as well. Continue to do what you are doing-seek advice, research the laws, and consult with experienced professionals. The best advice from my POV is to put in the time now so that you can continue growing with limited set-backs.

If the professionals agree with you, and are willing to testify (written documents of that kind are subject to hearsay objections), then I would stand strong on your original position. It isn't soft to consider the other side-it is the way you should be thinking, especially if you are considering the legal route. But I think you are right on. Just be careful with who you speak with attorney-wise. If the attorney is not explaining the risks, and not giving you their honest expectations (and not well versed in LT matters) consider looking elsewhere. They should be able to talk to you for free. If you are at a loss about who to talk with, give me a shout.

Lynn M. 's situation is all too common. Try to collect data on the tenant now-where they work, where they bank, etc., and serve them just prior to vacating (assuming they don't pay up). If you have an attorney's fee provision in your lease, you could even hire an attorney to do the leg work. But understand that you may never collect, so as it concerns any time/money you invest, treat it like its gone. One of the many things I find myself repeating to clients in this situation is to put as much effort as you can into screening potential tenants before hand. If they have a more established rental history, have been employed longer or their employment is stable, the more likely you can collect if something like this happens (and the more likely they are to pay/not damage items so as to avoid this altogether). But sometimes this just ends up being the cost of business no matter what you do. PM me if you have any additional questions.

I echo everything Matthew Kreitzer said. FHA discrimination can be serious. I do practice in your jurisdiction and my firm and I do have cases involving discrimination based upon source of income. As attorneys, we are limited in the information we can provide as we could be exposed to potential issues ourselves for providing legal advice and potentially establishing an attorney-client relationship. While the case may never go anywhere, why wouldn't you consult with an attorney? You are in the business of making money and should be concerned, at least, by anything that may pose a threat to that ability. If you had what you believed could be a serious medical ailment, would you not consider scheduling an appointment with your physician, even if it might be nothing? The cost of finding out you are within your rights is well worth it, and many attorneys will consult for free. I'd bore you to death if I told you of all the cases I have had that could have been resolved easily, at a small expense, but instead blew up because my client sat on the issue.

Dave, Congrats on the purchase. If you would like some assistance, feel free to reach out to me. I'd be glad to help. - James

If you were in Maryland, I would beg you to remember an attorney's fee provision. Amazing how many landlords forget to include that here-but highlights how important it is to be careful and put in the time now.

You should first consider sending the tenant a letter or two concerning the vehicle.  The more documented your efforts are concerning the issue, the better protected you are if the City gets involved.  To the extent that the City issues citations, those citations will be attached to the property as @Ned Carey stated above.  You might find yourself in a situation where you, as the landlord, will have to have the vehicles towed or take other measures to address citations issued to you by the City.  Additionally, while you might not be able to pass this cost (or the cost of the violations, for example) as additional rent, that does not mean such costs wouldn't be considered damages.  

There are reputable firms who can assist with the eviction process, but my recommendation would always be to use an attorney over an agent (in failure to pay rent cases).  In a breach of lease action, you will have no choice but to use an attorney (or pursue it yourself, which is never advisable), especially if you believe that the tenant will appear and dispute.  Baltimore City is tricky though, and if the tenant removes the vehicles prior to the hearing, some judges will be less inclined to give you possession of the property.

If this has become a pattern, you should also consider issuing a notice to terminate prior to the end of the tenancy.  Speaking with an attorney will allow you to develop a sound plan to resolve these issues.

I echo the advice to pay an attorney in your jurisdiction to make sure you get it right the first time. Too many of my larger L/T cases come as a result of lease mistakes and/or simple LL oversights that could have been avoided. By the time the LL wises up, the legal fee is triple or more what the initial cost would have been, and the LL is left with no choice but to pay up.