Last page edit 05/20/09

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Holding Over Without Consent

If landlord has given to tenant a proper notice to end the tenancy and tenant continues to occupy the premises after expiration of the lease, landlord may file suit in Small Claims Court asking for possession of the premises.

If judgment is for landlord, tenant is subject to eviction and will also be assessed damages of up to double the rate of rent of the tenancy plus the landlord's court costs, attorney's fees, and related expenses.

Where judgment is for the tenant, the landlord will be assessed whatever damages the court decides is fair, in addition to paying tenant's costs in the proceeding.

Instead of seeking to evict a holdover tenant, landlord has the option of considering that the tenancy continues at double the rent that was payable under the original lease.

(Public Local Laws of Baltimore City, Secs. 9-19 - 9-33)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL). Last date legally reviewed: 9/23/08 (PLL/M.A.J.)
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