Tenant Holding over in Maryland is daunting and difficult to maneuver without additional guidance, so we’ve put together an informative guide for landlords and property managers like you. Do you know exactly what to do when tenants hold over after their lease has expired? We’ll provide comprehensive information on the laws surrounding tenant holding over in Maryland and tips for protecting your rights and ensuring that the situation is dealt with legally and efficiently.
What Is A Holdover Tenant?
A Holdover Tenant is an individual who remains in a property beyond the end of their lease— with or without continuing to make rent payments after being given the notice to vacate. Maryland Landlord and Tenant statutes state that at the end of a lease term unless otherwise stated in the lease agreement or notice is provided 60 days prior to the end of the lease, 90 days in Baltimore City; the tenancy is automatically converted into a periodic tenancy agreement. This is usually a month-to-month. However, it could also be week-to-week if that is what the term of the original lease was.
What Can Happen When A Tenant In Maryland Is Holding Over?
Put simply- It depends on the circumstances. There are several options available to Maryland Landlords.
If You Dont Need Them To Leave-Do Nothing:
If your tenant is continuing to pay rent on time and you do not need them to vacate to make any major repairs or due to a breach of lease terms, you can allow the tenancy to continue on a periodic basis with all of the same lease terms that were in the original lease agreement.
Evicting a Holdover Tenant in Maryland:
To start the holdover tenant eviction process in Maryland, you must give the tenant proper written notice to vacate the property. In most jurisdictions, this is 60 days’ notice; In Baltimore City, it is 90 days. If they have failed to vacate by the date requested in your notice, you can file a complaint of a tenant holding over with district court form DC-DV-080, “Complaint and Summons against Tenant Holding Over.” The sheriff or constable will post the court summons on the property notifying your tenant of the court date. On the day of court, the tenant will be asked to make a case as to why they should be allowed to continue their tenancy after being notified to vacate. There is very little defense for Tenant Holding Over cases, one being a retaliatory eviction.
If either party fails to appear on the hearing date, the case may be dismissed or postponed for up to 10 days. If you obtain a judgment, you can immediately file for eviction. Under the law, there is no requirement to notify the tenant of the eviction date. However, Baltimore Rent Court Agents always provide notice, and we recommend that you do the same to avoid any further issues.
Avoiding Holdover Tenants
Protect yourself and your property from tenant holdovers by setting clear terms in your lease agreement. Start and end dates and when rent is due each month. Outline lease renewal procedures explicitly in the lease agreement to ensure tenants know their expected move-out date and the lease renewal process to avoid confusion. Additionally, consider adding a clause that outlines what will happen after the initial tenure ends; Remember, in Maryland, at the end of a lease agreement, if no action has been taken by either party to notify the other that the lease will not be renewed, the lease will be deemed to be a periodic tenancy.
Do Holdover Tenants In Maryland Have Rights?
When a tenant occupies the premises after the lease has expired and without the landlord’s consent, it is important to remember that they are still protected under the law- even during periods of holdover. This includes everything from having access to the unit and advanced notice before landlords enter the property to a safe and habitable dwelling. A tenant can still file a rent escrow for life, safety or health violations even if they’re holding over. As a landlord, you cannot just turn off landlord-paid utilities or utilities that may be in your name, but your tenant is responsible for paying; restricting access to the property or changing the locks is still illegal in these situations. It’s essential to follow the law and ensure that their rights as tenants are respected, as ignoring the law can lead to wrongful eviction cases against property owners.
In conclusion
A holdover tenant is someone that has stayed beyond their lease agreement. To avoid the situation, it is important for landlords to ensure all leases have an expiration date and proper laws are followed before taking action. Furthermore, tenants who holdover do still retain certain rights as they are still a tenant. Lastly, if you live in Maryland and find yourself facing a holdover tenant, we can help you. When done correctly, evicting a holdover can be relatively straightforward, but speaking with an experienced professional is always suggested before continuing.
At Baltimore Rent Court Agents, we have experienced agents to help you navigate Holdover situations. Call Us Today!
