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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2983
Experience:  Litigation Attorney
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If I am buying a house at a action in Baltimore County MD

Customer Question

If I am buying a house at a action in Baltimore County MD which is occupied by a tenant( without lease) how can I get into the house if he doesn't want to leave? Thank you.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 2 years ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Normally when buying a piece of property, you buy it subject to any leases. Since the tenant does not have a lease then they would be considered to be on a month to month oral lease. You should be able to give written notice and get them out pretty quickly.

In month-to-month or week-to-week tenancies where there is no written lease and no code requirement, state or local, relating to notice from tenant to landlord, the common law requirement is that the length of notice must be equal to the base period of the tenancy, such as one week or one month. The Maryland Code is silent on this issue, and the few reported cases do not give clear guidance. If there is any question at all about the actual term of the tenancy, tenant should give notice for the longer period of time.

The notice should be in writing. The day of delivery is not counted as part of the notice time. Notices should always be given with time to spare, because being one day late can invalidate the notice. The notice may be hand delivered or sent by mail early enough to be delivered in time. The courts generally presume delivery three days after mailing.

A landlord may give a written 30 day breach of lease notice which states the alleged cause, anytime during the tenancy. In Baltimore City the notice must be given before the end of the week or month that the landlord wants the tenant to leave. Outside of Baltimore City, the landlord can give an immediate written 30 day breach notice. The tenant, of course can contest the notice.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 2 years ago.

I see you reviewed my answer, do you have any further questions? If not could you positively rate my answer so I can get credit for my work from the site?