CALIFORNIA, Md. – Modern tenant rights came into play via the Uniform Residential Landlord and Tenant Act, also known as URLTA, which is a sample law governing residential landlord and tenant interactions, created in 1972 by the National Conference of Commissioners on Uniform State Laws in the United States.
Many states have adopted all or part of this Act. [1]
This law was to protect tenants against improper or inhabitable living situations and other illegal activities landlords could potentially impose upon them. It was a well-intentioned idea that, unfortunately, more and more people are weaponizing instead of paying rent.
When a tenant does not pay the rent, a landlord may ask the court for permission to evict the tenant. This eviction procedure is called “summary ejectment” or a Failure to Pay Rent case. Eviction cases are filed and heard in the county’s District Court, where the property is located.
These laws apply statewide in Maryland. Within Maryland, some counties and municipalities make small changes to the state laws. [2]
The impact is much more difficult for the average person renting a room or their own housing, which has become a popular way to make passive income in the last decade. Property management companies, often owned by corporations, are not as affected compared to the average Joe who is trying to pay their own bills by providing a living situation for others.
What private landlords are forced to endure to either collect payment or evict in a timely manner is outrageous. Here are the series of obstacles when the rent has not been paid that current landlords face in the state of Maryland:
When a tenant fails to pay the due rent, the landlord may file a written complaint in the District Court asking to repossess the property for the amount of rent due and court costs. A landlord must possess a current license to operate if required by the county and/or municipality, in order to use the summary ejectment procedures.
Notice Requirement – Before filing the Failure to Pay Rent complaint in the District Court, the landlord must provide the tenant with a written notice of the landlord’s intent to file the complaint. This notice provides that the tenant has ten days after receiving the notice to pay the rent due. [3]
This alone is a timely and costly step in beginning the lengthy process. Here comes the court system!
If the judgment is ruled in favor of the landlord, the judge may grant an extension of time for surrender of the premises for a maximum of 15 days after the trial. If he/she receives a certificate signed by a physician stating that surrendering the premises within the four-day period would endanger the health or life of the tenant or another occupant.
In the event of “extreme weather conditions,” the administrative judge of the local District Court can choose to postpone a scheduled eviction for non-payment of rent from day to day. When the weather allows evictions to start up again, the postponed evictions will be given priority and must be completed within three days after the severe weather ceases. [3]
But even if the landlord wins, here come the appeals! This is another way for a nonpaying resident to draw out the process to stay inside of the residence and still withhold payment.
The tenant or landlord may appeal the court order to the circuit court within four days after it has been issued. If the tenant appeals, he will be required to post a bond with one or more sureties, who are owners of sufficient property in Maryland, with the condition that he will diligently prosecute the appeal and pay any judgment, including any additional damages incurred by reason of the appeal. [3]
And the final blow? They can still stay!
In any summary ejectment (eviction) for failure to pay rent where the landlord is awarded a judgment allowing the landlord to repossess the leased premises, the tenant has the right to remain in the leased premises by giving cash, a certified check, or money order to the landlord or his agent to cover all past due rent and late fees, plus court-awarded costs and fees at any time before the actual carrying out of the eviction order. This is called the “right of redemption.”
A landlord may not refuse payment from a rental assistance program managed or funded by a county or city. [3]
In extreme circumstances, where a nonpaying resident is inside your home with your children, why should it be so hard to get someone out of the home YOU own?
Hasn’t the government and legal system failed us enough? We’re being stripped of our fundamental and constitutional rights all around the country. They may be able to govern the streets and businesses we frequent, but why should we allow them to come inside and stay rent-free as well? After all, our tax dollars are paying their salaries and for others to manipulate the system.
Knowing all that, I’m in favor of the landlord.
Do you agree or disagree? Have you had anything like this happen to you? Comment below or contact our news desk at news@thebaynet.com if you have a similar story!
Citation:
[1] https://en.wikipedia.org/wiki/Uniform_Residential_Landlord_and_Tenant_Act