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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 22417
Experience:  Attorney for over 14 years, landlord 24+ years
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The landlord resists to give me a receipt for paid rent money

Customer Question

The landlord resists to give me a receipt for paid rent money and for security deposit because there was no contract or signed lease. Also, the landlord forced me to sign to move out on July 31st. When I asked him to give me a copy of the paper which I signed to move out. However, the landlord rejected me to give the copy of the signed paper. Thus, actually, I never got any written notice from the landlord to vacate the rented room. Also, the landlord told me that I need to pay more money for security deposit because my family members stayed weekends. (I told to the landlord that my family would stay for a few days and they allowed me to do so.) The LD threatened my family that he would report to the police as trespassing, and then he kicked out my family at 1:30A.M. I want to react to the LD with law.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello,
.
Thank you for using JA. I need to ask a few questions to figure out what is going on here and what your legal options are.
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Why are you being forced to leave the unit?
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Are you current on your rent?
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Was this an apartment or a room in the house where the landlord lived?
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How did landlord force you to sign something saying you would move out July 31?
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Did the landlord terminate the lease and go through a formal eviction action in court?
.

.

.

Thanks.

Barrister

.

If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
Why are you being forced to leave the unit?
Actually, the renter was my mother. The reason is that I visited her for weekends (but my mother gave a notice to the LD, and LD said O.K.)

It was all sudden when LD told her to move out. The thing is that my mother told to LD that she was looking for another rent, and the LD begged her not to do so.
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Are you current on your rent?
.
Was this an apartment or a room in the house where the landlord lived?
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How did landlord force you to sign something saying you would move out July 31? LD kept saying that he is the LD and my mother has no right. So, he can kick her out of his house whenever he wants and calling police as trespassing, and he kicked me out of his house. (I was staying in my mother's rented room as guest)
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Did the landlord terminate the lease and go through a formal eviction action in court?

-no, there was no lease at all. LD told me to my mother to tell lies as she is the LD's family relative that if any neighbor asks her about staying. The LD said the rent must be paid in cash. The LD says that he can sue my mother as trespassing and some unreasonable matter as my mother did not pay extra money when I visit her for weekends.
Expert:  barristerinky replied 1 year ago.
Ok, this sounds like an illegal rental unit if the landlord won't enter into a written lease, won't give receipts and is asking mom to lie about her relationship to landlord. Rental units in Maryland have to be licensed in order to be legal and typically require an inspection before they are licensed.
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But the simple fact is that landlord can't force mother out unless he goes through a formal eviction process in court. If she pays her rent monthly, she is a month to month tenant under an oral lease by default if there is no written lease. If the landlord gave permission for you to stay occasionally, then he can't evict based on you staying over. He can change the terms of the lease to prohibit more than one person from occupying the unit, but he would have to give a 30 day written notice to do so.
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She is not a trespasser, she is a tenant, and landlord has no legal rights to file any type of legal action for trespassing, criminal or civil. Mother has all the legal rights that any tenant under a written lease has. As long as she is not delinquent on the rent, landlord would have to give her a 30 day written notice to terminate her tenancy. If he fails to do so and attempts to force her out, she can sue him for wrongful eviction and seek damages.
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As for a receipt, Maryland law requires the landlord to give a receipt for both rent and security deposit and imposes penalties if one is requested and not provided.
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2010 Maryland Code
REAL PROPERTY
TITLE 8 - LANDLORD AND TENANT
Subtitle 2 - Residential Leases

§ 8-205. Landlord to give tenant receipt.

 

(a) Required.-

(1) In Anne Arundel County, unless the tenant makes payment by check or rents the property for commercial or business purposes, if property is leased for any definite term or at will, the landlord shall give the tenant a receipt showing payment and the time period which the payment covers.

(2) On conviction of violating this section, any person or agent shall forfeit the rent for the period in question.

(b) Exception.- Except as otherwise provided in subsection (a) of this section, the landlord or landlord's agent shall give the tenant a receipt if the tenant:

(1) Makes payment in cash; or

(2) Requests a receipt.

(c) Penalties.- In addition to any other penalty, the landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt as required by this section.

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§ 8-203.1. Security deposit receipt.
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(c) Landlord penalty.- The landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt for the security deposit.

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So if mother doesn't want to move, she can tell landlord that if he tries to evict her, she will notify the local housing code enforcement office about his actions because she believes this is an illegal rental. Then she will file suit against him for any rent paid under the above statute that states "(2) On conviction of violating this section, any person or agent shall forfeit the rent for the period in question."
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This could potentially result in landlord having to repay all rent for any period where she requested a receipt but was refused one.
.

.

.

Thanks.

Barrister

.

If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
The rent was the basement room in a single house where the LD lives together. Is it still illegal to rent out his room to anyone?
Also, since the LD forced my mother to sign the move out date on July 31st (the vacate time was given as only two weeks) and she had to sign, but my mother does not have any written notice of vacate the room, does my mother still needs to move out on 31st? or she can stay within 30days after the LD gives the written notice?
Expert:  barristerinky replied 1 year ago.
It is likely illegal. Most basement rentals are illegal as they have no readily available means to exit in the event of a fire other than going upstairs. If it had another outside door, it may be be able to be licensed, but if it is not licensed, it is illegal. Based on your comments I am virtually certain that it is an unlicensed illegal rental.
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She wouldn't have to move. If the landlord tried to physically throw her out, she can call the police and they will tell the landlord that without a formal order of eviction, he can't remove her or her property.
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The landlord has to give her a 30 day written notice before the clock starts running.
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He is trying to bully her, but she doesn't have to let him and can enforce her rights to a formal notice of termination. She would have to pay her rent during any 30 day period though or he could accelerate any eviction action.
.

.

.

Thanks.

Barrister

.

If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.



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