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Last page edit 09/19/08
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Death of Tenant or Landlord (Public Local Laws of Baltimore City, Sec. 9-8) FOR LAWS SPECIFIC TO THE STATE OF MARYLAND REFER TO MARYLAND CODE, REAL PROPERTY (HB
452) Entitled: Landlord and Tenant – Summary Ejectment – Deceased
Tenant This bill permits a landlord to bring an action for summary ejectment against a tenant under lease who has died without a will and without next of kin. (effective 10/1/08) The general rule is that in the absence of a contrary lease provision, the death of tenant or landlord does not terminate the lease and does not terminate responsibilities under the lease. Thus at the death of the landlord, the tenant continues in the same relationship to the landlord's successor. (Corpus Juris 2nd, Landlord and Tenant, Sec. 22d, Sec. 523) Under Baltimore City law, if the tenant dies, the following persons have the right, upon continued payment of rent to the landlord, to be substituted as tenant in place of and to the same extent as the original tenant: a surviving spouse or any member of deceased tenant's immediate family who was living on the premises with deceased tenant at the time of his death. If tenant dies and the rent is not paid, landlord may file suit for summary ejectment against tenant's personal representative, or if there is none, then against tenant's estate. Last date reviewed: 9/19/08 (PLL/M.A.J.) Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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