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Tracy W | I live in Maryland. What happens if you landlord evicts you for not paying your rent.? |
My landlord evicted me for not paying my rent for April, but I have proof that my rent was paid for April on March 25. What type of lawyer do I need.
Additional Details
No my rent was paid and I have excellent payment history. I pay all my bills between the 20th and 25th of the month for the up coming month. I was out of town and when I returned my entire apartment was already set outside. I do have all checks front and back for every month. |
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Heather R
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To legally evict, there needs to be an eviction hearing, and the judge needs to order the eviction. Just bring proof of paid rent to the hearing. |
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Dave
 |
what do you mean by evict - did he give you a notice to quit? in a certain number of days? If you really paid your rent and he's trying to kick you out, call any lawyer who does general practice, its not going to be free but it wont be expensive either, or call a lawyer referfal service, and look on the web into MD's housing statutes and which executive department is in charge, and call them immediately.
a notice to quit is essentially a demand to get out in a few days, just the legal name for it is notice to quit.
if he physically kicked you out, or started taking out your stuff, you hit the jackpot if you really paid rent and he didnt give you a notice and stuff - you can sue him for all sorts of fun stuff ( I am only a law school grad, not a licensed lawyer so everything above should not be taken as legal advice but rather as opinions of a person educated in law offering opinions and not advice you should rely on as legally authoritative). disclaimers, gotta do em. |
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TheMom
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None, just bring your proof to the hearing. |
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Doctor Deth
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just show him a copy of the cancelled check-you don't need a lawyer |
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65% water
 |
I find it hard to believe that your landlord went through all the legal steps required for eviction in such a short time. On the other hand, if your landlord came to you and said "Get out" and you did, then it's your word against his.
I don't know that any lawyer is going to take this case on contingency, unless you can show remarkable financial losses. What I would do is to write a letter to your landlord stating your case, that you have proof that the rent was paid (enclose a copy of a cancelled check or receipt) and send it certified. That way if he ever tries to take legal action against you you will have a record of having informed him of this.
I'd recommend moving on. If the landlord is this irrational, do you want to be renting from him? |
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estielmo
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They landlord doesn't evict you, he gives you a notice to "Pay or Quit." Only then, if you ignore it, does he file a case to have the court issue an eviction order.
It's possible he lost his copy of the payment so simply make a copy of your proof (both sides, if it's a check) and send him a neutral letter saying something like: "Please find enclosed a copy of my cancelled check dated March 25 that you cashed. If necessary, I will show you the original."
Send it now, don't wait for the court hearing. It's POSSIBLE he just lost track of it. Don't bother with an attorney at this point.
However, you do know that unless you have a lease he simply needs to give you thirty days to move, without any reason. |
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Brandi C
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It sounds like you were not evicted. Eviction is a legal process and it takes a while. The landlord must first serve you a 3 day notice to pay rent or quit. At the point that you got that notice you would have had the opportunity to prove that you paid the rent. If you don't do that, the landlord will file an "unlawful detainer" suit in court and then you would be served a "notice to appear" by a process server. They cannot evict you unless you are served this notice. If you chose not to attend the court date the judge will rule in favor of the landlord and set a date for your actual eviction. The actual eviction is when the police show up and physically kick you out. At that point if you had personal property still in the apartment the landlord would be required to put it in storage for a minimum of 30 days and you would have the right to retrieve it after paying a reasonable storage fee.
It sounds like the landlord just put your stuff out. Which is illegal. They cannot kick you out of your apartment without going through the court. You should have called the police. How long were you out of town? What did you do when you got home and found your stuff? Did you receive any legal notices? Is there a property management company or just an owner? |
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RM
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Find a new place to live if your landlord is that big of a b. |
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orlandocarswell
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I might be able to help you just contact me asap |
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MIND THE GAP
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If your landlord put your stuff outside of your apartment without a court hearing which you were notified about and given a chance to appear, as others have said YOU HIT THE JACKPOT.
Contact ANY lawyer about what happened to you. Your landldord owes you a lot of money. COLLECT IT FROM HIM/HER. |
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mwinterwolf2004
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Maryland law states clearly that eviction cannot and will not occur without proof. Missing one payment is not grounds for evicting so quickly. Perhaps you have a poor payment history?
I don't think any lawyer can help you. A landlord can evict you for whatever reason they want to. I would be searching for a place to live instead of wasting people's time. |
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