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Last page edit 09/23/08
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Holding Over Without Consent (Public Local Laws of Baltimore City, Secs. 9-19 - 9-33) 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) 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. Last date legally reviewed: 9/23/08 (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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