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My landlord terminated my lease due to non-payment of late fee's imposed. he threatens to call the police now for trespassing
Anonymous1 views2 answers
I paid the August rent but not the late fee's due to the the landlords continued ignoring purposely of a very important health issue resulting from a neighboring tenant running cars inside with a hose to take out exhaust. He said it would be taken care of (telling an employee to not worry it will be done). It never was and when I mentioned it, the notice went on my door that my lease was terminated due to non payment of late fee associated with the rent being paid on time citing Cabana V Eastern Air Control 61Md App 609, and K&K Management V Lee. 316 Md 137.
What are my rights and would it be wise to pay the District Court of Md the amount they are requesting and fight the premise that he had the right to break the lease? Thanks for your advice!
You likely had no right to respond to the LL by withholding fees and your better option was to have taken the LL to court for not responding to what sounds like a health threat. Now you are defendant without much of a defense--recommend you immediately see a MD landlord tenant attorney--if the LL prevails you may owe WAY more than just fees, you may be stuck with the total balance on the lease--which could be thousands. See a local attorney ASAP.
As to the trespassing, the LL is blowing smoke as he/she has no power to evict, only a court does--the LL must comply with your state's statues regarding termination and eviction
If there's an issue regarding the safety/health of tenants in a rental dwelling, there's a procedure you must follow to force the landlord to make repairs -- and in Maryland, that's typically a rent escrow proceeding. There is no statutory mechanism allowing a tenant simply to withhold rent. If late fees are a part of your lease agreement and comport with Maryland law, then they can be considered part of rent -- and the failure to pay those can be grounds for eviction.
Your landlord cannot avail himself to self-help remedies. He cannot also undertake retaliatory measures against you if you report such an issue to him. If he wants you out under either a nonpayment of rent or breach of lease theory, then he must file the appropriate paperwork in the District Court to do so. As an aside, you don't pay the district court the rent unless a rent escrow account has been established. Your best bet is to fight this in court.
