Tuesday, August 3, 2010

Landlord-Tenant Issues - Portions of the Maryland Law Landlords Should Know

A successful landlording experience is contingent upon a good relationship between you and your tenant. A rental agreement between the two of you is always a requirement; therefore it is important that you have an understanding of the commitments made in your contracts in order to avoid any potential problems.   Below are key portions of Title 8 (Landlord and Tenant) of the Maryland Code as it relates to Residential Leases (Subtitle 2) and Landlord Remedies Other Than Distraint (Subtitle 4).  Other portions of the code will be visible as you scroll through those below, such as:  


Security Deposit Receipts
Automatic Renewal Provisions
Retaliatory Evictions
Repair of Dangerous Defects
Rent Escrow
Applications for Leases/Deposits
Holding Over
Liability of Military Personnel Receiving Certain Orders

However,  here are two major areas where many landlords are not compliant and should become more knowledgeable:



Section 8-203:  Security Deposits and Surety Bonds

Section 8-204:  Right of Tenant to Possession at Beginning of Lease (Quiet Enjoyment)

Although the Maryland Code itself is quite lengthy, the above bullets illustrate some of the more common situations that arise between landlord and tenant.  Complying with Title 8 could save you quite a bit of pain (and money) should problems arise.   I highly recommend that Maryland landlords compare their current lease agreement and rental documentation to the Maryland code and see if they are in compliance. If not, make the necessary changes immediately. Not doing so could make your agreements partially unenforceable if not void altogether.   Landlords having knowledge of just the aforementioned sections of the code will be heads and shoulders above their contemporaries.

Having a successful landlording experience truly is contingent upon having a good relationship between you and your tenant. Understanding the commitments made in your rental documentation is critical to avoiding any potential problems.

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