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Sunday, July 12, 2015

A Viewer Writes: Landlord Rights

Dear Joe,

My boyfriend and I rented his house a few months ago to a young couple with a small child. Out of the goodness of our hearts we allowed them in without receiving their government assisted security deposit on good faith. Within the first month the house was a wreck trash all over the porch the yard the house you name it even after they had a trash pile of burnt plastic, glass and diapers less than 3 feet from the house. Our first month was a struggle to collect the rent but we finally received full payment after weeks of frustration. By the second month same issue no rent and utter disrespect. In following the law we took it to court. She had her legal aid dismiss the case due to a paperwork glitch and a cost to us of $25.00. So we filed the paperwork again confident we got it right this time only to have our case dismissed once again due to a box on the paperwork not being checked off. We are not lawyers we are hardworking people who tried to do a good deed. Here we are 2 months later no rent a house destroyed and the legal system on their side. It seems the low life’s in Wicomico County get the free ride of legal aid and free housing with our court system giving them all the tools they need to keep the scam going. You can obviously tell they have done this before to avoid paying for housing. I would personally like to fight for the landlord right in this county but have no clue where to begin it is time the squatters of this county realize their free ride is over. Any suggestions????

45 comments:

Anonymous said...

So sorry that this has happened to you. You seem to have a good heart and tried to help out other people. I believe that a lot of people are getting out of the rental business because the laws are making it increasingly difficult to evict people when they cease paying. Like you wrote, some people know how to work the system. Hope you can get those people out soon!

Anonymous said...

Go to a county council meeting.

Anonymous said...

If they know the system you could spend 6mos to a year before they are evicted, sorry to say it does not pay to have a good heart these days when it comes to money. Even references are faked by their friends!

Anonymous said...

Have them evicted duh, start the eviction notice, the notice is like 30 to 90 days long and if you have no contract, call the cops and say they are trespassing...

Be sure you can prove you own the house and all that jazz, bc the cops don't give a crap unless you can prove it...

Anonymous said...

Free loaders ! Sorry but I would cut their water off. They can rent at the Chesapeake in for $125.00 a week. No learning responsibity if there is no consequence. Even though you did it out of the kindness of your heart, don't get taken advantage of. I am a firm believer that as long as no one does anything they will continue to work the system.

Anonymous said...

Maryland in general, not just Wicomico County, is on the side of the tenants. Just go to the Attorney General's website for the State of Maryland, and search for Landlord Tenant issues. The PDF file says it all. As the landlord, you jump through all the hoops. In the city of Salisbury, it's even more strict on the landlord. It truly sucks as a business.

Anonymous said...

It's all about the entitlement people . We have lost our fight for freedom and a free republic with a true and honest judiciary system.
This kind of crap is everywhere and these people know it.
Suck it up and move on , maybe next time you rent , get that deposit , that is insurance. The days of trust are long gone.
Whatever you do stay away from the sob stories.

Anonymous said...

they know how to play the system!!

Anonymous said...

get references
do background checks
ect ect

Anonymous said...

I also feel sorry that this happened to you ,I think a good part of the problem is people cant find jobs and then they get discouraged ,and at that point they just don't care more then likey they have been evicted more then one time .I know my daughter has been evicted more then once and she is a single mom with a boyfriend that don't want to work.

Anonymous said...

Not just Wicomico County. Had tenants water shut off due to non-payment. Court ruled in tenants favor and I had to pay for water to be turned back on. Paid entire bill. This happened in Sussex county.

Anonymous said...

We have found that it's well worth the fees and commissions to use a REPUTABLE agency. Sorry for your misfortune, but the old "Ignorance of the law is no excuse" applies both ways.

Anonymous said...

Wonder if they are my old tenants. Sounds like same modus operandi.

Anonymous said...

Trust in God-all others pay in cash. Sorry for your troubles.

Anonymous said...

Hate to say it, but you live and learn. You need to get an attorney to do the eviction process. Especially if you've never done it before. Is about the only way your not going to keep getting it thrown out on technicalities. I only rent to those with clean criminal history and a 700 plus fico score.

Anonymous said...

Perhaps someone could start a list of deadbeat tenants and naturally have proper documentation to avoid lawsuits when their names are listed.

Anonymous said...

1:14 You do not know what you are talking about! DUH Its not that easy trust me! There are Professional Renters out there that know the law and look for people like the fore mentioned! The best way to rent in Maryland is NOT TO! The Slum Lords have ruined it!

Anonymous said...

You really must learn to do it the right way (legally)or get out of it.

Anonymous said...

It's funny. I'm renting from a slum lord. Afters years of fighting to get things done, like screens in the windows, cabinets fixed, insulation, heat in the house , fridge working, and simple routine maintenance, he sells it to another guy. This guy half gets half ass contractors to do half ass work and nothing is completed in the first year. So after huffing and puffing he hires Caldwell Banker to manage. They are even worse to deal with. Complete bullies. For instance.... Still have no flowing air in the house , dead mice in the fresh air return, missing drawers from the cabinets , dish washer leaking and fridge not working. Rent is due on the 1st thru 5th or a late fee is assessed. I tried to pay on the fourth ... A day after payday when my check has cleared, they were closed for the holiday normally open. Try to pay them on Monday and they want to asses the late fee. Really?. My a.c. and fridge ,dish washer etc..... Isn't working. I've complained for years! Was told months ago it would be fixed and its not. When j said screw your late fee.... They threaten eviction and to file papers the next day!
Don't pull that crap about these people. Your a slum lord! You accept these people! You are to blame! Don't accept sect 8!
We pay good money and are not sect 8. All we ask is for the house to work and be in order as we rented it. Is that to much to ask?

Anonymous said...

Leave the trash to live in public housing-- lesson learned--No good deed goes unpunished--learning tool

Anonymous said...

It's actually pretty easy to get someone evicted for nonpayment. Usually takes less than a month. Pay attention to your paperwork and next time, get some references before you attempt to do a good deed.

Anonymous said...

You can't have the cops put them out for trespass after being there for more than 5 days, squaters rights in Maryland. After 5 days you have to go through the court and get an eviction ordered, know the law before you rent or even let someone stay at your house. Benjamin Franklin said it right when he said guest and fish are both alike, after 3 days you need to throw them both out!

Anonymous said...

Never rent to section 8. They are all trash and ruin good neighborhoods.

Anonymous said...

@2:02 no actually it is not that simple and takes way longer than one month. This person is correct, the legal system is set up on the renters side.

Anonymous said...

Being a landlord is good for some people. I was a landlord once. I hated the business. I have no desire to be one again.

Anonymous said...

To answer the question you asked, file again with the district court of Maryland. you will file a "Failure to Pay rent" action. Have it served by the sheriffs Dept or use my guy, Chris Pittas. just make sure all your boxes are checked and your t's crossed and i's dotted. you will get a judgement for the amount not paid. 7 days later if still not paid, you will file the second paper to the sheriff dept for the actual eviction action. this is called a "Petition for Warrant of Restitution". Once that is filed, it is usually 2 weeks before the sheriff can get you on their schedule for the eviction. from beginning to end you are looking at about 5 weeks. I would love to walk you through the process as I do this every month, but not sure how to connect with you without putting our personal information out there. There are some deadbeat people that make it really hard for the good tenants and the good landlords, but once you get that really good tenant that takes care of your investment as they treat the property like a home...their home, it makes it all worth it. Good luck!

Anonymous said...

https://www.oag.state.md.us/Consumer/edge81.htm

Anonymous said...

It's MD law that applies to this and believe it or not MD law favors the landlord.

Anonymous said...

Before any court action can occur, State law requires landlord to give tenants one month's advanced notice that the lease is going to be terminated. Specify why i.e. breach of lease, nonpayment of rent. Make 3 copies, sending one certified USPO, one regular mail and keep one for your records if it comes down to going to court.
If the reason for eviction is a danger to people or property only 14 days notice is required under MD law.

Anonymous said...

Seriously. This problem falls on the landlords and slumlords, and unfortunately any neighbors that are having to put up with the mess you made for them.. You've no one to blame but your self.

Anonymous said...

since they have already destroyed the property and the house as you say - burn it to the ground - no house - no tenants- no more problems!!!!!!!!!!!!!

Anonymous said...

People think being a landlord is easy money. Nothing could be further from the truth! At least not if you do it the right way.

Anonymous said...

There are no "squatters rights" but most cops won't just kick people out, because they MIGHT be a legitimate tenant and they'd be evicting them illegally.

Anonymous said...

2:51 you are incorrect. if the rent has not been paid, you do not have to give the tenant a written notice that you will be taking them to court for non-payment of rent. if you are asking them to leave before the lease is up, then yes, you have to give them a 30 day notice to vacate and if they do not, then you file a "Tenant holding over" action. you can file them simultaneously and one will happen before the other but at least you will have them removed one way or the other.

Anonymous said...

Long story short, if you intend to do this yourself, go read up on the laws! If you follow them, to the T, you'll be out 3 months’ rent + whatever damage they do. If they know how to work the system, you'll be out a lot more... but wiser!
Until then don't accept any partial/full payment for anything, until they're out and you have court order.

By all means expose them on social media, craigslist, rental pages, etc!
And don’t ever rent to: little old lady on fixed-income, people down on their luck, single mothers, and people just getting back on their feet…. They WILL all be late on paying you!

Anonymous said...

As you can tell from the advice given here, you will save yourself some trouble by hiring an attorney to help you. It will cost, but the tenants will eventually be gone... hopefully with minimal damage to the house.

Anonymous said...

I rented a small house and when this happened to me I did the following:

I waited for the squatters to leave, changed all locks, paid a bunch of college kids $50.00 cash to clean out the house in 30 min, and cut off the power. The entire process was complete in an hour. The cops did call me and I just played dumb and said 'what renters?'. Fortunately for me Salisbury cops just told the people to go away because they didn't want to deal with it.

FYI, this is not recommended and is not legal but my money and property was at stake and I didn't care.

Anonymous said...

Check out their history on the Maryland Judiciary Case Search. It may or may not show rental problems, but a history of bad checks, repeated domestic violence issues, and protective orders are some of the red flags for undesirable behaviors that are related to being indesirable tenants.

And Google their kids names, look at their Facebook page for clues to their character. Is the kid posting about his Boy Scout accomplishments and new bike? Or grunting out inarticulate gibberish with a selfie of himself looking like trayvon jr?

The apple doesn't fall far from the tree.

Anonymous said...

Better get moving fast on this, if fall comes, all bets are off, they can't be put out on the street in winter! I know, I have had scum living off my dime till spring, it took over a year to get them out!

Anonymous said...

I was ripped off by a woman who uses a email tag of "mother of six". She and her whole crew came and emptied my house and gave me a check for 1/2 and (since she was in the church) I allowed her to pay the rest the following month. You have seen as much of that money as I have. She is a thief. BEWARE

Anonymous said...

No good deed goes unpunished.

Anonymous said...

It is a sad world we live in today but the fact is no good deed goes unpunished. I would recommend you hire an intelligent attorney and have them go after these scum and evict them. The lesson and money you spent will serve to remind you never ever under any circumstance rent or loan anyone anything without verification first and the money in your hands no personal checks either! Then always use a firmly written contract spelling out to the letter the dos and don'ts to the renter and have them sign and date it.

Anonymous said...

3:28 I was giving advice on how to terminate a lease, not collection of rent. While we are on the subject though, the court does like to see a letter because this shows the landlord tried to handle it before resorting to the court system. You attach a copy of the letter along with any other records like phone, copies of emails, etc, that show you tried to collect the rent when you file the initial paperwork. This is your evidence.
The best advice though is-if rent is going unpaid or there is a pattern of it being late, terminate the lease and forget about ever getting paid for back rent.

Anonymous said...

Call social services too!! That poor child!

Anonymous said...

Let me guess...Amy?