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Frequently Asked Questions About Landlord-Tenant Cases and Eviction

Feb. 10, 2021

The attorneys at Lebovitz Law, LLC work on landlord-tenant cases throughout the year, and the onset of the COVID-19 pandemic has not changed that aspect of our work. However, it has changed how some eviction cases unfold. Despite eviction restrictions in some areas, most cases are proceeding as usual, and both landlords and tenants need to work with an experienced legal team for a favorable outcome. What are some of the most frequently asked questions about landlord-tenant cases that we can help with?

What Are the Types of Eviction Cases?

In Maryland, there are four separate types of eviction cases:

  • Failure to Pay Rent: If a tenant is behind on rent, even if it is only one month of rent, a landlord can file for eviction.

  • Tenant Hold Over: If a tenant’s lease expired but they are not vacating the property, a landlord can file this case providing that they gave the tenant written notice that they want to terminate the tenancy and the lease will be ending.

  • Breach of Lease: These cases involve tenants who are accused of not following the terms of the written and signed lease. Before filing these landlord-tenant cases, the landlord has to give the tenant a written notice informing them of the violation and requesting that they vacate. It’s important to note that judges will often not approve a breach of lease case unless there is concrete evidence, a consistent pattern or a serious violation.

  • Wrongful Detainer: Finally, these landlord-tenant cases are used when there is not actually a landlord-tenant relationship present. Wrongful detainer cases are often used to evict family members, friends or house guests who are overstaying their welcome.

How Long Does the Eviction Process Take?

The COVID-19 pandemic has complicated things, and many courts have long backlogs. In some counties, it can take up to 6 months to get a hearing date for a tenant holding over case. The length of time can get even longer when you factor in the time needed to file the warrant for restitution. We can help accelerate the process and negotiate out-of-court agreements to get tenants out.

Can You Be Evicted Without Going to Court?

First, you should review the terms of the lease. If you receive a letter giving you notice to vacate the property and you disagree with the grounds, the landlord must take you to court before you are forced to leave.

Will Hearings Take Place in Person or Remotely?

Depending on COVID-19 regulations, your hearing might be in person or conducted over telephone or video. Your attorney can assist you in understanding your hearing notice so that you are prepared when the date arrives. If you do have an in-person hearing scheduled, you can submit a form and request video or telephone participation instead of visiting in-person.

Assistance with Landlord-Tenant Cases from The Attorneys at Lebovitz Law, LLC

Whether you are searching for an experienced lawyer to assist with your landlord-tenant cases or other issues, The attorneys at Lebovitz Law, LLC can help. To learn more about how we can assist you, please contact us today at (410) 828-0680.