Can I evict with default in lease agreement : ezLandlordForms

P

Pam L

started a topic about 14 years ago

In my lease it states it a tenant is late 3 times they are in default. Do I have to go through the court? Im in Maryland

R

Renee R

said about 14 years ago

He11, if they're late ONCE they're in default, and you can evict. What I think you're referring to is a clause included in some leases that says if a tenant is late more than 3 (or more commonly 4) times in a one year period, the landlord can evict them without offering them a chance to cure the default and stay in the rental property. You still have to take them to court and go through the joys of the eviction process, which in Maryland is a particularly large PIA due to Maryland's tenant-friendly laws and generally consumer-friendly atmosphere.

P

Pam L

said about 14 years ago

Yes in my lease that is what is says. I do know each time they are late you can file with the Courts and on the fourth time then it is automatic they are out. What a horrible process us landlords have to go through. It is so for the tenants when it should be for us. In my lease it says if tenant late 3 times default in lease. So I want to know if with this clause can I just give thirty days and evict???? Or do I have to go through the whole nine yards with the Courts?

R

Robert A

said about 14 years ago

It's my understanding that, at least here in Tennessee, that you can evict for any reason whatsoever as long as you give the tenant a 30 day notice. I get calls often from tenants of other landlords saying they need a new place to live b/c they've just been given a 30 day notice to vacate. If the tenant is in default on rent, and I use the "3rd time and you're out" policy and give only a 14 day notice to vacate. But I've never had to go to court b/c they have always left after that notice was sent. I also have to the permission to copy my attorney in my notices, which communicates to the tenants that the notice is legit and will be further pursued via legal proceedings if necessary. In the bottom of all my notices there's my copy signature to my lawyer, "CC:// Attorney, John Doe." But as for Maryland you'll want to double check with a real estate lawyer. There's also a pretty good, cheap book out there called, "American Landlord Law," by Trevor Rhodes & Nicole Fevrier that has a lot of the different state rental property laws and stipulations. I keep it by my desk in my office everyday. Let us know if you find something else out different than what's been suggested and good luck!

D

Denise S

said about 14 years ago

In MD: A landlord can begin the eviction process as soon as the rent due date has passed in cases of non-payment of rent. In most instances, a tenant can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed. Holding over-If a tenant does not move out when their lease has ended, the landlord may evict for "holding over." The landlord must prove that he or she gave proper notice (at least one month's advance written notice) of the ending of your lease. Violating a lease- A landlord may evict a tenant for violating some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give provide the tenant with one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others'safety). The landlord will have to prove the tenant violated the lease and that the violation was a serious one.

D

David &

said about 14 years ago

I have given my tenants a 30 days notice and they change the locks on our house . this is illegal isn't it. Also they have not pay there garbage bill for about 8 months, can they be given a 14 day noicte to vacate because of the garbage bill not being paid. Unsanitary to. Probably storing in the house some where. They shut there garbage service off to them and sent us there bill.

D

David &

said about 14 years ago

Does anyone know about how the new law works when it comes to leases before the new law. Do we have to give a tenant 60 days if they lived there over a year? When they are a month to month tenants and they lease started back in 2005. Or can I give them the 30 day notice which I have already given it to them.

W

William W

said about 14 years ago

My tenants boyfriend and father of her two year old is a convicted drug dealer and user, He has visited the tenant on numerous occasions and neighbors have been offended by the smell of marijuana. I have also smelled the marijuana coming from the apartment. There was a recent drug raid and search of the apartment looking for the boyfriend. NO drugs were found in the apartment and the tenant was not charge by the drug police. What kind of notice do I give?