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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34846
Experience:  Attorney with 16 years experience
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My 10 year relationship is ending and my ex is reluctant to

Customer Question

My 10 year relationship is ending and my ex is reluctant to move out. They pay no bills and I live in Maryland. What do I need to do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you the owner of the house on the deed or the sole tenant under a lease?

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Have you given your ex any type of written notice to terminate their tenancy?

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thanks

Barrister

Customer: replied 1 year ago.
I am the owner of the house and the deed is filed in my name, and no I have not given any written notice as of yet.
Expert:  Barrister replied 1 year ago.
Ok, then you would legally be considered the landlord here and your ex is your tenant under a month to month oral tenancy.
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In order to terminate this type of tenancy, you would first have to give ex a written 30 day notice to terminate their tenancy (60 days in Montgomery county and Baltimore City).
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After the notice period expires, if ex hasn't moved out, you can file a formal eviction action in court to get a judgment and a warrant of restitution to have the sheriff physically force ex out.
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After filing the complaint for eviction in District court, the tenant will receive notice of the hearing date and have an opportunity to appear and present his side.
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When the landlord initiates the eviction procedure, the tenant will receive an official court summons. In Maryland, it is proper for this summons to be mailed to the tenant or posted on the tenant's door. A judge will then hold a hearing in which both the tenant and the landlord explain their positions. The burden of proof is on the landlord to show that an eviction is appropriate. If the landlord wins, he or she will petition the court for a "warrant of restitution" and will be able to appear at the tenant's property with a sheriff after 5 working days who will order the tenant to leave and oversee the removal of the tenant's property.
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As a matter of policy, the Sheriff's Office does not enforce landlord tenant orders if precipitation is present at the beginning of enforcement. Once repossession of a property has begun, it cannot be stopped until it is complete.
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thanks
Barrister

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