Definitions of Legal Terms

Definitions of Legal Terms

Abandon

to leave with the intention not to return.

Administrator

a person appointed by the court to pay the debts of a deceased person and distribute the remaining property according to law.

Assignment

a transfer to another of all or part of one's property, interests, or rights.

Attachment

placing defendant's property in custody of the law before final determination of the lawsuit.

Bona fide

in good faith, genuine, without fraud.

Civil action

a legal proceeding in which one person (plaintiff) sues another (defendant) who has caused him injury or loss. The plaintiff seeks compensation from the defendant for his loss.

Common law

law derived chiefly from the judgments and decrees of the courts, as distinguished from the law created by acts of legislatures.

Confession of judgment

written consent of tenant that the landlord may have judgment against tenant automatically, without legal proceedings to determine the merits of the case.

Criminal action

a legal proceeding in which the state prosecutes a person who is charged with a public offense. The punishment, set by law, is either a fine, which goes to the state, or imprisonment, or both.

Damages

the estimated money equivalent for a loss or injury.

Discriminate

to treat differently, to make a distinction in favor of or against a person or thing.

Distraint

seizure of personal property.

Distress

the procedure of taking possession of the personal property of another to pay a debt which he owes.

Escrow

an item being held by a third person (a neutral person) who holds it until the fulfillment of some condition.

Evict

to eject a tenant by a judicial proceeding.

Exculpatory clause

provision or clause which excuses someone from responsibility.

Executor

a person named in a will to dispose of the estate according to the directions in the will.

Foreclosure

a court action, when the mortgagor fails to make payments of the mortgage, terminating the mortgagor's rights to the property. The property then belongs to the mortgagee.

Garnishment

a legal proceeding whereby money or property due to or belonging to one person but in the possession of another person, is used to pay a debt which the first person owes to the plaintiff in the garnishment proceeding.

Holding over

retaining possession as a tenant after the end of the term.

Injunction

a court order directing the defendant to do or not to do a particular thing. Failure to obey an injunction constitutes contempt of court, which is punishable by fine or imprisonment.

Judgment

the official decision of a court upon the rights and claims of the people involved in the dispute brought to the court for determination.

Land installment contract

an agreement in which the buyer agrees to buy a dwelling that he will occupy or a lot which will be used for residential purposes, the purchase price will be paid in five or more installments in addition to the down payment, and the seller retains title to the property as security for the buyer's obligation. See Maryland Code, Real Property, Title 10, Subtitle 1, Land Installment Contracts.

Lease

an oral or written agreement, express or implied, which creates a landlord-tenant relationship.

Lease option agreement

a lease that contains a clause that gives the tenant some power, either qualified or unqualified, to buy the landlord's interest in the property. A lease option agreement made after July 1, 1971 relating to the purchase of a dwelling, with or without ground rent, must, to be valid, include the following statement in capital letters: THIS IS NOT A CONTRACT TO BUY. In addition, the agreement must contain a clear statement of its purpose and effect concerning the ultimate purchase of the subject property. See Maryland Code, Real Property, Section 8-202.

Lessee

a tenant; one who enjoys the property by virtue of a lease.

Lessor

a landlord; one who grants the lease.

Lien

a charge or claim on property belonging to another, for the satisfaction of a debt or duty.

Liquidated damages

a specific sum of money which has been agreed upon by the parties to a lease (or other contract) as the amount of damages to be paid by a party who has breached the agreement.

Material breach

a breach (violation, failure to perform) which is important, substantial, not trivial.

Mortgage

a pledge of specific property as security for the payment of a debt. The mortgagor is the person who pledges the property. The mortgagee accepts the pledge.

Notice to quit

a written notice given by landlord to tenant, indicating that tenant must move from the premises at a time designated.

Option

the right to make a choice; a purchased privilege which gives the holder the power to make the agreement.

Personal property

movable property or possessions, as distinguished from real property.

Personal representative

usually, the executor or administrator of a deceased person.

Power of attorney, letter of attorney

a document authorizing another person to act as one's agent.

Premises

the land, building, or part of a building which is the subject of a lease or grant.

Prima facie

on the face of it; a fact presumed to be true unless disproved by some evidence to the contrary.

Quiet enjoyment

covenant of quiet enjoyment - assures that the tenant may peaceably enter on the leased premises at the beginning of the lease term and that the landlord will not interfere with tenant's enjoyment of the premises.

Real property

land or buildings.

Rescind

to annul, cancel, terminate a contract, including a lease, and to restore the parties to the position they would occupy if no contract had been made.

Squatter

someone who settles on the property of another, without legal authority to do so and without the consent of the person who has the right of possession of the property.

Sublease

a lease of the premises granted by one who himself is a tenant of the premises.

Subpoena

an order commanding the person on whom it is served to appear at certain proceedings to testify.

Subpoena duces tecum

an order commanding the person on whom it is served to appear at certain proceedings and to bring with him specified documents or other items which are in his possession.

Summary ejectment

a court proceeding, without jury, generally required by statute to be held promptly and speedily, wherein the landlord seeks to regain possession of the premises. "Summary" means short, concise.

Summons

a notice from the court to a specific person, informing him that a court proceeding against him has been commenced and that he must appear in court on the day named to respond to the complaint.

Trespass

a wrongful entry, whether with force or peacefully, onto the property of another.

Warrant of restitution

an order of the court requiring that a specific person be restored to his original position.

Writ of possession

an order of the court directed to the sheriff, requiring him to enter the property and give possession of it to the person entitled to it by judgment of the court.