[lawseeker66]

The judge requires landlord to present valid rental license but the permit office failed to issue one when tenants moved into landlord's property prior to repairs being completed. Tenants have abused the elderly landlord by failing to make the property accessible after changing locks and failing to pay rent for months. Can not get sheriff to evict without court order, cannot get court order without rental permit, cannot get rental permit without tenants vacating property. How can landlord end this circular cycle?

[ScottGem]

Get an attorney. There has to be some out involved here. Maybe getting a temporary permit issued so as to obtain an eviction order. But a local attorney familiar with the local courts, agencies and judges is more likely to be able to help. Especially more than a site like this without even knowing your general locale so we can check the laws.

For example; laws requiring a rental license usually apply to landlords with multiple rentals and exempt single property landlords. Any question on law needs to include your general locale as laws vary by area. By neglecting to include that vital info you have hampered our ability to help.

[LisaB4657]

The landlord should submit an affidavit to the court detailing how he has tried to obtain a permit from the town but cannot due to the tenants' refusal to allow the inspector to enter the property. If that doesn't work then the landlord should give the tenants 24 hours notice that he will have a locksmith change the locks, have the inspector come in to inspect and then give a new key to the tenant. Once the inspector issues the permit the landlord should re-start the eviction process.

[ScottGem]

Hmm, I see where Lisa is going on this. I assumed the permit wasn't issued simply because the tenants had moved in prior to its being issued. If the reason is simply because an inspector can't get access, then definitely follow Lisa's suggestion. The landlord definitely has the right to change the locks has long as he provides a key to the tenants. The tenants do not have the right to change the locks unless they give a key to the landlord.

But again, Lisa is assuming one thing, I assumed another. I think both are valid assumptions based on what you posted.

[lawseeker66]

Both of your responses are on the money and I apologize for failing to indicate the state is MD. The county office of law said they were going to take this issue to the judicial board for review since the county administrative procedures and the court procedures had not been fully vetted before the court change went into effect earlier this year. Still have yet to hear from them and other officials are powerless(?) to help at this time.

[ScottGem]

Ok, but there is the question of why the landlord did not obtain a license. Was it because the property could not be inspected properly. Or did he just not know the law? And why can't he get a license now? Is it because the property needs to be vacant or, again, because an inspector can't gain access.

This article seems to pertain specifically to this situation:
So you want to be a landlord? Part 1 -- The Rental License - Avvo.com

McDaniel v. Baranowski, 419 Md. 560 (2011) is why the judge is refusing to hear an eviction case.

Since such licenses are specific to the county, we would also need to know the county to review the applicable law.

In any case, it seems that the tenants do know the law and probably went into this knowing they could take advantage and live rent free. There may be laws against taking advantage of the elderly, you may be able to prosecute the tenant for fraud (especially if they never paid rent) as they may have known there was no license and took advantage of it. Again a good local attorney might be able to figure a way around this.

Please keep us posted on how this turns out.

[LisaB4657]

I would contact the inspector responsible for issuing the license and make arrangements to have the property inspected. On the day before the inspection, give the tenants a 24 hour written notice that the locks will be changed, the property will be inspected and a new key will be available for them. Then arrange to have a locksmith there at the same time the inspection is scheduled. I would also see if it's possible to have a policeman on hand as well to make sure the tenants do not cause trouble and to also act as a witness.

[ScottGem]

Again, I agree with Lisa's advice IF the reason the landlord has not been able to get a license is because it could not be inspected. I'm still not sure that's the reason.