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Right of Possession and Right of Entry
Right of Possession
The landlord is required to make sure that the tenant is able to move in to the premises at the beginning of the lease.
If the landlord fails to provide tenant with possession at the beginning of the term, tenant will not owe any rent until he is able to take possession. If the tenant chooses, he may cancel the lease if he lets the landlord know in writing before he is able to take possession of the premises. The landlord must then return the tenant's security deposit, prepaid rent, or other deposit.
After telling the landlord that he could not move in, the tenant may collect any damages he actually suffered because he was not able to move in, whether he terminates the lease or not. However, the tenant must try to minimize his losses. Read the Law: Md. Code, Real Prop. § 8-204
Right of Entry by Landlord and Tenant's Right to Privacy
The tenant has a reasonable right of privacy; that is, the landlord does not have the right to enter the premises at any time and for any reason. If the landlord does this, he may be guilty of trespassing.
However, the landlord has a right of reasonable entry for such purposes as to inspect the premises, make repairs, show the premises to a prospective new tenant, etc. Except in case of emergency, landlords are advised to notify the tenant and reach a mutually acceptable agreement about the specific time of entry.
The balance between tenant's right to privacy and landlord's right of entry can usually be reached by a fair and reasonable agreement between tenant and landlord.
NOTE: IN PRINCE GEORGE'S COUNTY, LANDLORD IS REQUIRED TO GIVE TENANT 24 HOURS' NOTICE BEFORE ENTERING THE PREMISES EXCEPT IN CASES OF EMERGENCY. (Prince George's County Code § 13-155)
Source:Baltimore Neighborhoods, Inc. (BNI)
Is this legal advice?
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