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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My brother in law lives in Maryland, in a house owned by his

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My brother in law lives in Maryland, in a house owned by his wife's mother. They have recently separated and she has filed for divorce. He is still living there (separate bed rooms) with his wife and there 3 yo daughter and is actively looking for a house to buy (have made 3 offers so far, but all have fallen thru). They have no formal lease with the mother in law. He provides care for their daughter, during the day because as a music teacher and musician, I work evenings and weekends. This arrangement has been agreed to continue after the divorce.
He received an email from the Mother in Law, who lives in Orlando, telling me that I have to be out of the house by Sept 10th. Indicating that she will be moving back in, and still maintaining the home in Orland with her husband. A certified letter has also been sent.
Can she kick him out with such limited notice?
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Good morning. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

I'm so sorry for the delay! There's been a glitch in the system. I keep typing your response and then it erases. I'm trying again now. Thank you so much for your patience!!

Expert:  Richard replied 11 months ago.

When there is no lease and whether or not your brother in law is paying rent, hi is legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Maryland law (Md. Code Ann (Real Prop.) § 8-402), she can terminate the tenancy by giving written notice of at least one month. Then, if he doesn't leave, the law does not allow her to forcibly evict him without obtaining an eviction order from a court. What that means is that if termination date comes and he does not move out, she cannot simply change the locks or throw his things out. Rather, what she has to do is to first deliver a 5-Day Notice to quit...which basically says he has 5 days to leave or face eviction. But, if he still doesn't leave, she must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can she have him evicted. That will not only buy him some time, it also gives him leverage....if she wants him out early, she's going to have to pay him to do so.

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