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Hopeneloim · Mar 6, 2012, 12:46 PM

I have a townhouse that I rented to a renter. It is now month to month. As of December 2011, the renter was 3 months behind. We forgive the lady of the debt for the 3 months. Even though we had to continue to pay the mortgage for the townhome. I sent a letter explaining we could know longer except the rent late. The rent is due on the 1st and late by the 5th. We have worked with this renter to help her out, but she was late January. She has not paid February rent and she is now late on March rent. She is two months behind. Can I start go to the court house and start the eviction process? What is the next steps I need to take? Is is cheaper to get a lawyer or do myself?

JudyKayTee · Mar 6, 2012, 01:28 PM

Where? State law varies.

"Usually" there's a 3 day notice or a 30 day notice, followed by eviction.

You can evict without an Attorney, particularly when it's for failure to pay rent. An Attorney, of course, makes it easier because you don't have to go here, there, everywhere, to file papers.

ballengerb1 · Mar 6, 2012, 01:33 PM

3 months behind, wish you were my landlord. No reason for the situation to get this bad. As soon as you tell Judy where the home is located we can start helping you become an educated LL.

LisaB4657 · Mar 6, 2012, 01:55 PM

If you want to evict the tenant on the basis of non-payment of rent then you have to start by giving her a written notice to pay in full or move out within 3, 5, 7 or 10 days, depending on your location. If she pays in full anytime within the notice date and the court date then you cannot proceed with the eviction.

If you want to evict the tenant on the basis of habitual late payment of rent then you will have to give a written notice, usually 30 days, that the lease is terminated and she must move out. This method is not that easy because I've seen judges dismiss the case if the tenant has started making the rent payments on time after the notice.

If you want to just end the tenancy you can give her a written notice that her tenancy is terminated and she must move out within 15, 30 or 60 days, depending on your location.

If she hasn't moved out within the time of any of the notices you give her then you have to file a lawsuit for eviction. The court will schedule a trial date and if she has no valid defense then you will win a judgment for possession at the trial. If she still hasn't moved out by that point then you make arrangements with the sheriff or constable to perform the eviction.

You don't have to retain an attorney but you can do so if it will make you feel more comfortable.

Hopeneloim · Mar 6, 2012, 03:57 PM

Maryland

ballengerb1 · Mar 6, 2012, 04:02 PM

This might also be helpful to you. Maryland Attorney General - Consumer Publications - Landlord and Tenants

LisaB4657 · Mar 6, 2012, 04:24 PM

To terminate a month-to-month tenancy in Maryland you have to give 30 days written notice, except that in Montgomery County and the City of Baltimore you have to give 60 days written notice.

To evict a tenant in Maryland for non-payment of rent there is no written notice requirement. You can file a lawsuit for eviction as soon as the payment is late.

Check out the link that ballengerb1 posted for more info.