Firstly- thank you very much for your time (this one is going to take up a good bit of it):
My situation is a bit complex.. I am (very thankfully) 3 months from the conclusion of my lease. I currently rent what my landlord has purported to be an "in-law suite" (I have had no success in finding any Maryland code pertaining to this parameter); my apartment is on the second level of a private home wherein there is a "private" entrance. My landlord lives on the property (a mistake I will NEVER make again) primarily on the first floor, but uses the room across from my apartment as her bedroom.
When discussing the utility portion of my lease, she disclosed to me that I would be responsible for the gas and electric only *and that there was one outlet in her bedroom that belonged to my meter, but that there was also one outlet in my apartment that should be on her meter so it "evens out". (this information will apply in a moment)
I am a student at a nearby University- I moved into this apartment June of 2010. A few weeks before Winter semester '10 was to begin, a classmate of mine fell into severely unfortunate circumstances wherein he would have been unable to attend classes due to a sudden lack of transportation from his home significantly farther away. While my lease does specifically state that occupancy is limited to one tenant- the young man and I discussed his situation with the landlord and she agreed that he would be allowed to live in my apartment during the school semester. In my lease, specifications pertaining to assisting with groundskeeping responsibilities, as well as helping with luggage, etc. were outlined; Being very grateful for her allowing him to stay in my apartment, my guest on many many occasions offered his services in a variety of tasks. He has fixed her drapery, clothes dryer, repaired huge holes in her ceiling (in her portion of the dwelling), several hours of gardening, dog sitting, trash removal,. I could go on. After the second month of him being here she spoke to us stating she wanted an extra $150 per month from him for "increased expenses on her water and electric bill". She also stressed the legal risks she was taking in allowing him to be here due to ordinances that specified one tenant only being allowed in "in-law suites"; again- I have been unable to find ANY information on these kind of dwellings. When we asked to see the water bill so that we could pay whatever portion was in excess of her normal quarterly charges it showed an increase of $9.00, in reference to the electric portion- I asked for clarification as to how that would be possible and she again reiterated what she mentioned at the lease signing regarding the outlet that was in my apartment which is wired to her meter. She then added that the two hallway lights in our shared staircase were also on her meter. My guest gave her $100 in essence just to quiet her efforts of extortion. Subsequently, my guest being a former electrical technician, tested each outlet and fuse box correlation and determined that not only were there NO outlets in my apartment that were wired to her box... but that ALL of the outlets that power her bedroom, along with the radiator pipes... were on MY meters. Winter break came and my guest returned to his home. When Spring semester started this past month we again spoke to the landlord to confirm his staying for another semester would be all right. She said it was fine and that she appreciated everything he (constantly) helps her do around the house. She also said we would discuss her increase of expenses when she compiled a package of bills to compare. When those came about it was somehow unclear to her that her usage was actually decreased. Again, we saw it reasonable that the water bill would be higher, so again, he paid her $100 to cover another quarter. It was during this conversation that I put my new information on the table regarding the "mis-wiring" and expenses I was actually incurring and it seemed to be the end of her despicable efforts. Alas- most recently, she seems to have come to a boil regarding her inability to extort poor college students and has requested a formal meeting wherein a friend of hers will serve as witness to the conversation-the subject of which was not really made very clear. I speculate that it will be her notice of her wishes for him to vacate the premises. (I too have arranged for a witness on our behalf.) This meeting is scheduled for Wednesday of this coming week. (Mar 9)
Sooo- my questions are: 1. What rights, if any does he have? And what is the worst case scenario, i.e.. Eviction proceedings timeline. We are in mid semester and he would only need to be here through the 3rd week of May. Secondly, would it be possible for me to re-coup expenses in powering and heating her bedroom?
Other points you might want to know- No late rent, no disorderly conduct/complaints.
Any insight in this matter would be so greatly appreciated. I have been given the pinball treatment from various legal aid facilities and have been unable to get any insight whatsoever.
Thank you so very much for your time and assistance.

First, most of that was immaterial. What rights you have are spelled out in your lease. The LL can't change the terms of the lease until it expires and neither can you unless by mutual agreement.

Second, many areas are not zoned for rental apartments but for single family homes only. Some areas make exceptions for in-law or mother-daughter apartments. These are separate apartments for use by a relative. So it is likely that your LL is illegally renting to you. This means the LL would be reluctant to get the law involved because the town might find out she has an illegal rental.

I'm not going to look up MD code, but in the states I have lived in, an 'apartment' hinged partly but significantly on a kitchen, which was one if it had a stove. Many LLs would take out the stove, put a microwave and hotplate on the counter, and call the room or rooms with bath and kitchenette a suite, making you a roommate (boarders traditionally share the house, as in 'room and board.') There are also rules about egress, 36" exit doors, and so on. So if you have a stove and improper exits, chances are good that it's illegal. You can research all that and use it as ammunition, and of course it can work both ways. You can have an illegal arrangement with more power, or she can kick you out and you can turn her in, or somewhere in between.

Hello R:

I don't know WHAT is going to be discussed at this meeting, but if I were you, I would discuss NOTHING, admit to NOTHING, and agree to NOTHING.

If she has designs on evicting your student roommate, she'll have to do through the LEGAL eviction process. That entails giving a 30 day WRITTEN notice to him, and if he doesn't vacate, she'll have to begin the legal process. As Scott mentioned, the apartment very will may be illegal, so she probably won't take that route. Even if she does, and the apartment is legal, your tenant might WIN his case in court cause he violated NOTHING, and/or if he's evicted it'll take another few weeks to get that done.. By then YOUR lease will be up, and you'll be done..

In terms of you recovering water and electric - who knows? I'd wait till you're OUT, and your deposit has been handled (or not), and then you file ONE lawsuit in small claims court.

excon

Wow- thank so much for all of you reading my lengthy synopsis. I apologize for the irrelevant pieces Scott- I just didn't want to omit anything that I wasn't sure would be pertinent or not. What we have regarding his occupancy is nothing more than a oral agreement- I knew asking for it in writing would have made waves and opted not to request it. I'm thinking she really won't want to draw legal attention to the whole matter as I too believe the dwelling isn't entirely legal in all respects.
To my former criminal friend- thank you as well-I won't forget.. I PLEAD THE FIF!! (in my Chapelle voice) I looked up what you were saying about the timeline of the eviction process and it appears that you are correct in that even if she did want to initiate a formal eviction our semester would be over by then and he'd be all set.
Joy- I looked all through MD code and was unable to find any specifics on dwelling parameters/occupancy limits. What I did find were a bunch of articles regarding student occupancy issues in Towson near their University and that the issue was that no laws existed in the books to refer to in their cases; a problem that apparently is still yet to be addressed. But I was able to find some general guidelines regarding the stove, etc that was helpful so thank you very much for that.
What this all comes down to is a greedy old lady that was disappointed that her tenant/s did not want to establish a "friend" style relationship with her and join her for dog walks, dinner etc. What blows my mind the most is that this woman is a PhD of anthropology, (unemployed) and her CV lists hundreds of publications/projects wherein she extensively studied and was active in underserved/disadvantaged services. Here she has two poor college students scraping by and because she knows I have help with half of my bills now feels a strong sense of entitlement to a piece of the pie. Unbelievable.
Again- thank you all for your time; very much appreciated.

Quote:

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Originally Posted by Rocketsurgeon

What I did find were a bunch of articles regarding student occupancy issues in Towson near their University

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Check with the university housing office. Most larger schools have one to help students find on or off campus housing. They may be able to shed some light on your rights as well.

Thanks again Scott. That's a great idea and I will certainly look into that. I'm a returning to school (again) adult student, so dorm living would definitely not be an option, but I will see if there is anyone that I can speak to regarding tenant rights there. I have been very lucky in retaining a ridiculously wonderful new home to move into come June and can NOT wait to not only get the hell out of here- but to be there. A guest house sitting on the river all to myself- just me and the my dog and the thousands of deer surrounding the beautiful 5 acres. (It also comes with 3 crab pots on the dock to which I have been invited as well) ;)
Thank you once again

And most likely it is not going to be state law but often local even city or county housing codes that may effect it.
Often specific areas around colleges may have their own zoning codes or issues on rentals

But remember that you rented and agreed to rent from her, and that why sounds greedy from your side of the story, may well sound different if she would come here and post also.. At this point, your best bet, just stay there, live with it, for now