Tenant Holding Over in Prince Georges County Maryland

Property Foreclosure 6 views 3 answers
I live in Prince Georges County Maryland. The house I owned house was sold in foreclosure. I am still in the house. The purchaser filed a Complaint And Summons For Tenant Holding Over under Maryland Real Property 8-402 against me. The purchaser is not a licensed Landlord in Prince Georges County, Maryland and I did not sign a lease. Is this a correct and legal course of action or should he have filed another course of action against me?

Attorney Answers

3
Richard Lebovitz ·
The new owner is only seeking possession and not rent so he is entitled to file against you as a tenant holding over as I can only assume that the foreclosure sale was ratified and you no longer have a right to remain in the home. Contact a real estate attorney to discuss further.
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Melanie Mfume ·
You are either a tenant or an occupant. You are correct in that the landlord/tenant court does not have jurisdiction in a summary ejectment action if the landlord did not have a rental license. That may suffice as a defense in LL/T court, however, that does not prevent the purchaser from trying to evict you as a mere occupant within the foreclosure case.
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Anthony Carmen DepastinaDivorce / Separation LawyerTimonium, MD ·
If you were the owner of the property prior to foreclosure and were not listed as a tenant and did not represent yourself as a tenant or contract with the bank to do a deed in lieu with a rent back, then the new purchaser is incorrect and he should not be filing through the landlord tenant process of the district court. If he purchased the property at foreclosure auction, then he only need to file for a Writ of Possession once the sale has been ratified.
0 upvotes

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