Skip to content
General Landlording & Rental Properties

User Stats

69
Posts
9
Votes
Stanley Dean
  • Rental Property Investor
  • Burtonsville, MD
9
Votes |
69
Posts

Renters legal contract

Stanley Dean
  • Rental Property Investor
  • Burtonsville, MD
Posted May 22 2017, 14:07

Hi All if a tenant in Maryland that signed a 1 year lease contract paid the deposit and half month rent and moves in but her check bounced and I have received not a penny in payments. Do I have to seek legal eviction process or can I bar her from entering the unit and remove her stuff and place at the curb. I believed her to allow her to move in being a teacher and she keeps postponing every week saying she will pay and I have collected no money from her. Please advise.  Thanks

User Stats

5,544
Posts
2,359
Votes
Jeff B.
  • Buy & Hold Owner
  • Redlands, CA
2,359
Votes |
5,544
Posts
Jeff B.
  • Buy & Hold Owner
  • Redlands, CA
Replied May 22 2017, 14:17

Tell her the bounced check is Check Fraud subject to 3x the face value in damages.

You can not bar her entry nor even change the locks :sigh:

Give her the proper 3-day pay or quit for your state and include a cover letter informing her this is all-or-nothing and Eviction will be the result of non-payment.  It will not look good to the school district if they determine her eviction (do not contact the district).

User Stats

4,335
Posts
4,227
Votes
Greg H.
  • Broker/Flipper
  • Austin, TX
4,227
Votes |
4,335
Posts
Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied May 22 2017, 14:43

Please research the laws for Maryland as every state is different:

In Texas, you will not be prosecuted for a bad check to a landlord.  I can change the lock but i must provide a key if they ask for one

My guess is that you are goinf to have to evict.  @Russell Brazil do you have any insight?

Rental Home Council logo
Rental Home Council
|
Sponsored
Advocating for Single-Family Rental Housing Drive rental policy change. Protect your investments with a National Rental Home Council membership.

User Stats

16,625
Posts
28,588
Votes
Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
28,588
Votes |
16,625
Posts
Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied May 22 2017, 15:51
Originally posted by @Greg H.:

Please research the laws for Maryland as every state is different:

In Texas, you will not be prosecuted for a bad check to a landlord.  I can change the lock but i must provide a key if they ask for one

My guess is that you are goinf to have to evict.  @Russell Brazil do you have any insight?

 You have to evict, at least in the counties I am familiar with. If it's eastern shore or western Maryland, I'm not sure but in all of the DC and Baltimore area counties I think you need to go through an eviction if they have taken possession of the property. 

Never turn over property unless you have certified funds or until the check clears.

District Invest Group Logo

User Stats

16,291
Posts
12,544
Votes
Ned Carey
Pro Member
  • Investor
  • Baltimore, MD
12,544
Votes |
16,291
Posts
Ned Carey
Pro Member
  • Investor
  • Baltimore, MD
ModeratorReplied May 22 2017, 18:17

@Stanley Dean Start the eviction process. It will take a while so the tenant will have plenty of time to pay if she really intends on paying. 

You generally do not need a lawyer, you can do it your self.  In my area of MD you can use rent court agent. It is cheaper than a lawyer. Google "Rent court agents" in MD or your city. Some have good info on their websites.

You can also check out Baltimore Neighborhoods Inc (BNI). They have landlord tenant laws on their site.

User Stats

70
Posts
54
Votes
Brian Pendergraft
  • Attorney
  • Clinton, MD
54
Votes |
70
Posts
Brian Pendergraft
  • Attorney
  • Clinton, MD
Replied May 22 2017, 21:19

MD attorney here.   Yes, you do have to go to court to evict her. A non-paying tenant is still a tenant.  You have to take legal action to get possession of the property back.  Just locking her out is an illegal eviction, which is a crime.

User Stats

69
Posts
9
Votes
Stanley Dean
  • Rental Property Investor
  • Burtonsville, MD
9
Votes |
69
Posts
Stanley Dean
  • Rental Property Investor
  • Burtonsville, MD
Replied May 23 2017, 09:12

Thank you all.  Great insight and  Feedback. Russell Brazil Thank you for the Tip. I should have obtained secured funds and then given her the key.  But I was in crunch of time having being out of town and back to lend her the key and her being a Teacher I kind of trusted her.  Its a learning lesson.

User Stats

609
Posts
341
Votes
JR T.
  • Financial services executive
  • Frederick, MD
341
Votes |
609
Posts
JR T.
  • Financial services executive
  • Frederick, MD
Replied May 25 2017, 02:57

We require that a new tenant's move-in money be paid strictly in cash. If they bring a money order we invite them to cash it and come back for the keys. If a new tenant came with the deposit and half a month I would write a receipt for the deposit and a receipt showing half still due on the move-in rent. I'd take their money and invite them to come back for the keys when they put together the rest of the money. If it's a mid month move you still collect a full month rent and deposit at move in and then prorate the second month.

Account Closed
  • Investor
  • Baltimore, MD
682
Votes |
1,368
Posts
Account Closed
  • Investor
  • Baltimore, MD
Replied May 25 2017, 05:15

if shes moved in, its hers. If not, dont let her in until money is yours. you cant do your own eviction. (Fyi, money at move in is cash or money order only). Non payment of rent = failure to pay rent filing (step 1 of eviction) myrentcourt.com is a good service