How to kick a tenant out in Baltimore?

Being a property owner or landlord in Baltimore comes with its own set of responsibilities, including dealing with difficult tenants. Whether they have violated the lease terms, caused constant disturbances, or failed to pay rent, there may come a time when you need to take legal action to remove a tenant from your property. In this article, we will discuss the steps you need to follow to kick a tenant out in Baltimore, as well as address some related frequently asked questions.

How to Kick a Tenant Out in Baltimore: Step-by-Step

1. Review the lease agreement: Start by carefully reviewing the lease agreement you have with the tenant. Make sure you are well aware of the terms and conditions and any clauses related to lease termination or eviction.

2. Provide written notice: In Baltimore, you are required to give the tenant a written notice stating the reason for eviction and the date they must vacate the premises. The notice period is usually 30 days, but it can vary depending on the circumstances.

3. Serve notice to the tenant: The notice must be given to the tenant in person or via certified mail. If in-person, you should have a witness to prove proper delivery.

4. File for a failure to pay rent: If the tenant has failed to pay rent, you can file a “Failure to Pay Rent” complaint at the District Court of Maryland. You will need to provide evidence of non-payment, such as receipts or bank statements.

5. File for lease violation: If the tenant has violated the lease terms other than non-payment of rent, you can file a “Breach of Lease” complaint at the District Court. Make sure to provide sufficient evidence of the violation.

6. Attend the court hearing: Once you have filed the complaint, a court hearing will be scheduled. Both you and the tenant must attend, and you will have the opportunity to present your case. It is advisable to seek legal representation for this step.

7. Obtain a court order: If the court rules in your favor, they will provide you with a court order for possession of the property. This order allows you to legally regain control of your property.

8. Arrange for eviction: You cannot personally remove the tenant from the property. You must hire a Baltimore City Sheriff or hire a licensed eviction company to carry out the eviction process.

9. Change the locks: Once the tenant has been legally removed from the property, change the locks to prevent re-entry.

10. Store tenant’s belongings: As the landlord, you are responsible for safely storing the tenant’s belongings for at least 30 days. Provide the tenant with the storage location and the deadline to retrieve their belongings.

11. Recover any unpaid rent: If the tenant owes you unpaid rent or damages, you can take legal action to recover the amount owed. This may involve filing a claim in the Small Claims Court or hiring a collection agency.

12. Re-rent the property: Once the eviction process is complete, make necessary repairs (if any) and begin advertising the property for rent again.

Frequently Asked Questions (FAQs)

1. Can I evict a tenant without a court order?

No, you must obtain a court order for possession of the property to legally evict a tenant in Baltimore.

2. How long does the eviction process take in Baltimore?

The eviction process can vary in duration, but it typically takes around 2-3 months.

3. Can I terminate a lease agreement early?

Early termination of a lease agreement is possible, but the terms and conditions regarding termination should be clearly outlined in the lease agreement.

4. Can I charge late fees for overdue rent?

Yes, you can charge late fees for overdue rent as long as it is clearly stated in the lease agreement.

5. What if the tenant refuses to leave after the court order?

If the tenant refuses to leave after obtaining a court order for possession, you must contact the local authorities, such as the Baltimore City Sheriff, to carry out the eviction.

6. Can I evict a tenant for smoking in the unit?

Yes, you can evict a tenant for smoking in the unit if smoking is prohibited and clearly stated in the lease agreement.

7. What happens if the tenant abandons the property?

If the tenant abandons the property without notice or clear intention to return, you can consider it a voluntary surrender, terminate the lease, and repossess the property.

8. Can I legally withhold the security deposit for damages?

Yes, you can withhold the security deposit to cover damages beyond normal wear and tear, as long as it is stated in the lease agreement and you provide an itemized list of deductions.

9. Can I evict a tenant during winter months?

Yes, you can evict a tenant during winter months in Baltimore. There is no specific prohibition against winter evictions.

10. Can I increase the rent for an existing tenant?

Rent increases for existing tenants are allowed in Baltimore, but you must provide written notice at least 90 days before the end of the lease term.

11. Can I evict a tenant for having a pet?

If the lease agreement explicitly prohibits pets, you can evict a tenant for having a pet without permission.

12. Can I enter the property during the eviction process?

During the eviction process, you cannot enter the property without the tenant’s permission or a court order. It is best to respect the tenant’s privacy until the eviction is complete.

In conclusion, evicting a tenant in Baltimore requires following a strict legal process. It is crucial to be well-informed of the local laws and seek legal advice when needed. Remember to maintain professionalism and adhere to the correct procedures to ensure a successful eviction process.

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