Evictions can actually be complicated for some landlords. Just one wrong move and you can wind up making embarrassing or costly mistakes which can result in delay in eviction and disrupt the flow of your income. Unfortunately most of the landlords in Maryland and rental Property Management Company in Maryland tend to make the same mistakes again and again.
To avoid such common eviction mistakes Maryland landlords make, you must understand when you can legally evict a tenant giving a justifiable and valid reason. It’s not easy to evict a tenant from a rental property in Maryland especially for the landlords who are not aware of the tenants’ right. Usually the landlords evict Maryland tenants when they aren’t paying rent on time or not vacating the property even after the completion of the lease agreement. Being a landlord you must know the landlord-tenants right and also the ways when you can legally evict your Maryland tenant.
Table of Contents
- Grounds to Evict a Tenant from Your Maryland Rental Property
- Most Common Eviction Mistakes Landlords in Maryland Make
- How to Evict a Tenant in Maryland?
Grounds to Evict a Tenant from Your Maryland Rental Property
If there’s a justifiable and valid reason then the rental laws of Maryland enable the landlords to file an eviction suit against the tenants. Here are the grounds for eviction of tenants from your Maryland rental property:-
- The tenant is not paying the mutual agreed rent amount for more than 15 days from the due date.
- Without providing a written notice or informing the landlord the tenant has sublet the rental property to another person.
- Tenant is using the premises for unlawful purposes other than mentioned in the rental agreement.
- The landlord needs the rental property for personal use or a family member.
- Tenants have damaged the property or its value.
- The landlord needs to repair the property which is not possible unless the property is vacated.
On these grounds you can evict your tenants from your rental unit. But, even after knowing this there are some landlords who often make eviction mistakes. If you want to know what kind of eviction mistakes a landlord can make then keep on reading this article and also know the ways you can avoid them.
Most Common Eviction Mistakes Landlords in Maryland Make
Skipping Rental Agreement
Most of the small landlords often make mistake of renting on a handshake. You must have a professionally written lease or rental agreement that must contain the following elements of the contract in details:-
- Rental amount and its due date
- What happens if the tenant not pays the rent on the due date
- When the lease expires
- How much move-out notice is required
- What happens if the tenants terminate the lease or rental agreement
It is true that many landlords get attached with the tenants, but the landlord should be professional.Or, it’s better to hire professional property manager in Baltimore rental property to provide a professional buffer between the tenant and landlord.
Cutting Off Power or Other Utilities
You may find it the best way to deal with unpaid or late rent but, this amounts to constructive eviction is actually illegal in many states. If you don’t want to face any late rent payment and want the tenants to vacate the place then you will have to do it properly by convincing your tenants leave the property either by normal process or by winning your case in the court.
Accepting Partial Payments
One of the most common eviction mistakes Maryland landlords make is accepting partial payment than the full amount. If you are doing so then you are giving up certain rights to the tenant that could forestall the eviction process. Nice landlords might be interested but the smart landlords won’t be. If you have multiple rental units in Maryland and cut a deal for one tenant then others will expect the same treatment.
Entering Property without Any Permission or Notice
Being the landlord of the property you may not find it necessary but, the laws for the landlord to enter a rental property vary by state. You must provide written notice before you enter to inspect your Maryland rental unit.
And if you are entering the property when you want to evict the existing tenant then it make sense to arrange for a law enforcement office to accompany you.
Threatening to Withhold the Security Deposit
Most landlord thing this is the best way to recover unpaid rent from tenants, which is actually a bad idea because security deposits are supposed to be held separate from rent. This is actually the tenant’s and not yours. You can only withhold it under specific circumstances – mainly for compensating the damages to the property.
So, how to avoid these eviction mistakes and what is the right way of eviction process MD?
How to Evict a Tenant in Maryland?
Eviction process Maryland
Keep on reading to know the general eviction process Maryland and easily remove delinquent or deadbeat tenants from your Maryland rental property.
It is true that you must should be a good landlord if you really want your tenants to stay in your property for longer period. But, that doesn’t mean that you are immune from having a bad tenants. Of course, tenant screening is important but there are certain circumstances when you face problem to get rent from tenants. Most of the times this happens when the landlord has a good relationship with the tenants. They just take advantage of behavior, but you can’t let them stay free of charge no matter how good relationship you have with them, especially when they are consistently putting you in trouble by paying no rent.
You may find eviction the last option to get rid of bad tenants, but before starting the eviction process here are the proper rules and procedures of the eviction process that you must follow:-
Understand Maryland eviction laws
You need to understand that Maryland eviction laws are different from other states, usually the eviction law are different from state to state. You should know about it and also mention it while writing up your rental agreement. The best way to make a lease agreement is by a lawyer, who will make the agreement specifically designed for your state.
Have a good and lawful reason to evict
If you don’t have a valid reason for eviction then you won’t be able to remove your tenants from your property.
Give a formal notice
After establishing the ground of the eviction you can send a formal notice to your tenants. But for that you will have to follow the legal procedures. The document should be simple that gives an ultimatum to your tenants- telling them why you are not ready to continue tenancy period with them and what they can do to avoid eviction process.
File eviction with the court
If your tenants are not ready to leave the rental unit then you can go to the local courthouse to file your eviction. When the clerk will schedule your hearing they will also notify the tenant on your behalf. But then you will have to show your proof to justify your allegations.
Get ready to attend the hearing
Before you visit the court for hearing gather all related documentation and proof of your claim. Let’s see the common items you will be required: –
- Rental or lease agreements (undersigned by both the parties)
- Records of payment
- Bounced checks (if have any)
- Records of the conversation in between you and tenants may be a phone call record, email records, screenshots of chats, etc.
- Copy of the written notices you have sent to your tenants.
Always be honest and let all your proofs and documentation or evidences to speak for itself. You will get justice for sure.
Evicting the tenant
You may find evicting a tenant in Maryland a difficult process but, if everything go well in the court then your tenants will have no option left other than leaving the rental property. The court will provide them a limited time like 48 hours to vacant the property, depending on where your rental property is.
Collect past-due rent
Most of the courts allows the landlord to combine eviction and small claims lawsuits if both are related to and involved the same individuals. Then you can easily sue for any back-due rent at the same time, but if the court doesn’t allow you for this then you can have no other option than filing a separate small claims lawsuit to collect the owed rent money.
Being a good landlord you may find eviction harsh, but it’s actually the business of rental properties. You cannot tolerate a tenant who cannot pay. If they are not behaving well then you have the right to remove them from your property. Sometimes it’s simple, but somethings things end up in the court. Well, eviction process can be costly and time-consuming so, it is advisable to avoid it if possible. Well, the best way to avoid Maryland eviction process and eviction mistakes that usually Maryland landlords make is to screen the tenants well and gather as much information as you can before the tenants move in.