Law Office of Leonard A. Englander, Esq., LLC

02/03/2023

FAQ: My boyfriend/girlfriend/friend has been staying in my house for months and won't leave... How do I get rid of him/her? Pt. 3 - filing a wrongful detainer action.

Last time, we talked about what situations call for a wrongful detainer action. This time, we'll talk about how to actually file one.

A wrongful detainer essentially has 3 elements: 1) you own/have a right to the property; 2) the other person doesn't; 3) they are still in the property and won't leave.

The first element is very simple. You simply have to prove that you are either the owner or have a right to the property. If you own it, a copy of the deed or an SDAT report will do the trick. You will need to bring it to Court as evidence. If you are renting the property, a copy of your lease should do the trick.

The second element can be a little more tricky, but likewise is fairly straightforward. All you need to do is claim that the person doesn't have a legal right to be there (ie. tenancy or the like). If the person disagrees, they will need to show some proof (i.e a lease, rent payments, etc.).

The third element is fairly self-explanatory.

After the court rules in your favor, you would then file a warrant of restitution and arrange for the eviction with the sheriff/constable office.

Join us next time as we discuss what to do if the "guest" is actually a tenant.

01/24/2023

FAQ: My boyfriend/girlfriend/friend has been staying in my house for months and won't leave... How do I get rid of him/her? Pt. 2 - they're guests only.

Last time, we discussed the need to properly identify whether or not the person in your home is a tenant. This time, we will discuss how to get rid of a "guest" who is not a tenant.

Sooo... even if they are just a guest, they still have certain rights under law (AKA you can't take their stuff and chuck it to the sidewalk). Because they have a claim to living in the property, there are certain steps you have to take to extinguish that claim. This is sometimes referred to as "squatter rights".

Instead, you have to go to your local district court and file a Wrongful Detainer action to force them to vacate.

Join us next time as we discuss how to actually file a Wrongful Detainer action.

01/19/2023

FAQ: My boyfriend/girlfriend/friend has been staying in my house for months and won't leave... How do I get rid of him/her? Pt. 1 - are they Tenants?

This has shown up a lot, especially as COVID-19 has forced people into unusual arrangements. Your friend asks to stay on your couch for a couple of weeks while they find a new place to live. Then, you find yourself having a roommate for months. You ask them to leave, they say they don't have anywhere else to go and won't leave. How do you get your property back?

The first thing you need to figure out is whether you have accidentally became a landlord (LL) and they are now your Tenants (T). Unfortunately, a lot of people end up being LL's without knowing it. Tenancy is generally defined as an agreement to pay money and/or services (usually money though) to stay in a place.

In this case, it could be as simple as the friend saying that they want to compensate you for their cost by paying a few bucks to sleep on the couch... If you accept, you have become a LL whether you meant to or not.

Join us next time as we discuss the logistics of getting rid of a non-paying guest.

12/27/2022

Changing the locks? Make sure to get permission in writing!

This has been showing up a lot, so I thought it might be a good idea to quickly discuss it:

You, the Tenant (T), want to change the locks. They may be broken, not the best lock, etc.. So, you go ahead and buy a new lock. Then, the Landlord (LL) issues you a breach of lease...

Unfortunately, LL is probably going to win that case. Most leases contain clauses that expressly prohibit changing the locks and/or making alterations without the written consent of the LL. If you are going to change the locks, make sure LL agrees and get it in writing! Don't go with an "oral" agreement. Make sure it's in writing (as the saying goes "an oral agreement isn't worth the paper it's printed on").

Also, make sure you give the LL the new keys ASAP.

Happy Holidays!

11/29/2022

Leaving your leased property: make sure it's verifiable!

This has been showing up a lot lately, so I thought a post might be a good idea. A lot of Client's have been coming in with the following situation:

"I turned in the keys and left the property and now I'm being sued for ___ months worth of rent!"

When I ask them how they left the keys, I get something like: "oh, I left it on the table" or something similar. When asked how they let the Landlord know that they were leaving, they say something like: "I called them on the phone" or "I told them at the front office"...

Unfortunately, this leaves you vulnerable to the Landlord claiming that they never received notice that you were leaving or returning your keys. When you leave the property, you want something verifiable, so if the Landlord claims you didn't tell them, you can prove you did.

Having a written receipt for your keys is great! Having a letter or email with some form of certification is likewise great! Just make sure you have something you can show to a judge if they try to come after you claiming you never gave notice. Your future self will thank you.

09/01/2022

FAQ - Are pets on the property a big deal if the lease says no?

I've run into this one a lot (surprisingly so). It usually goes something like this "My Landlord just gave me a breach of lease letter because I had a dog living in my house. It's a great dog and isn't causing any trouble. Is this going to be a problem?"

The answer is: yes, it likely will be. If your lease states that you can't have a pet absent the written authorization of the landlord and you get one anyway, you are at serious risk for a breach of lease. So, read that lease over carefully and if it says no pets, be smart and don't get one.

There is an exception for service animals and the like, but you would need to have proof of that.

07/25/2022

This just showed up the other day.

Leonard A. Englander, a reliable lawyer, runs one of the most affordable law firms Annapolis MD. He offers legal advice to low-income clients on a range of topics.

07/25/2022

Leonard A. Englander, a reliable lawyer, runs one of the most affordable law firms Annapolis MD. He offers legal advice to low-income clients on a range of topics.