Landlord & Tenant Flashcards
Landlord and Tenant - Types of tenancies - Tenancy for Years
POL - One Year term - An owner offering 5 units or more for residential lease must use a written lease (containing terms of use and payment), and a one-year term is presumed
Landlord & Tenant - Tenancy for Years - Termination
POL - One Month Notice - In order for LL to use sum. ejectment procedures, LL must give tenant in TFY one month notice b/f using these procedures
Landlord & Tenant - Periodic Tenancy - Termination
MD - Required Notice for Periodic Tenancy - In order for a LL to use sum. ejectment procedures, He must give a year-to-year tenant 3 months notice (2 months in Montgomery county) & a week-to-week tenant one weeks notice
Landlord & Tenant - Tenancy at Will - Termination
MD - Required Notice for Tenancy at Will - In order for LL to use sum. ejectment procedures, LL must give at will ten. 1 months notice
Landlord & Tenant - Duty to Pay Rent - Destruction of Prem. - Fire or Unavoidable Acciedent
POL - Fire or Unavoidable Accident - When prem. rented for term of 7 years or less become uninhabitable b/c of fire or unavoidable accident, the tenancy ends & tenant has not further resp. to pay rent
Landlord & Tenant - Duty to Pay Rent - Destruction of Prem. - Duty of Good Repair
POL - Duty of Good Repair - If lease provision req. ten. to return leased prem. in good repair at end of lease term → Doesn’t req. tenant to build new building or pay for a building that was destroyed unless tenant’s neg. or other fault contributed to the destruction
Landlord & Tenant - Duty to Pay Rent - Material Breach of Lease By Landlord - Rent Escrow
POL - Rent Escrow -To encourage LL to repair serious & dangerous defects within a dwelling that are a fire hazard or serious & subst. threat to life, health, or safety of occupants, MD allows residential tenant to est. an escrow account into which rent is paid. -Excluded: Defects that impair aesthetic value of prem. or that are non-dangerous viol. of local housing code -Excluded: Dang. cond. in the community at large - Application - All residential dwelling units NOT farm tenancies, pub. & priv. owned and single or mult. unit dwellings - T must give LL notice of defects & allow reas. time for repairs, rebuttably presumed to be 30 days NOTE: T can simply witthold rent & raise LL failure to maintain prem. as an affirm. defense
Prohibited Lease Provisions
POL- Prohibited Lease Provisions - In MD, provisions in residential leases that waive the tenant’s right to jury trial or statutory rights are unenforceable
Landlord Remedies for Tenant’s Breach - Failure to Pay Rent - Military & Medical Leave
MD - Military & Medical Leave - After proper notice to LL, the duty to pay rent is specifically limited to 1 month after member of military is activated for more than 3 months - 2 months if forced to leave for medical reasons
Landlord Remedies for Tenant’s Breach - Failure to Pay Rent - Security Deposits
POL - Security Deposits - MD limits max rental deposit to 2 months rent regardless of how many tenants - If LL charges more - T can recover up to 3 times the excess amount plus reas. atty fees, can be brought any time during tenancy or w/in 2 years after termination
