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Does the landlord have to prorate a month if the tenant is not living there?
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Can a tenant not give landlord a 30 day notice on a month to month contract?
no
Does a landlord have to have a reason to kick a tenant out?
Not really: a landlord can reclaim their property at the end of a lease-- no material reason needed-- or give notice to a month-to-month tenant (or week-to-week, if applicable).
Can a landlord sue for future rent in Maryland?
Yes, a landlord in Maryland can sue for future rent if the tenant breaks the lease agreement. However, the landlord has a duty to mitigate damages by making reasonable efforts to find a new tenant. If the landlord finds a new tenant, the tenant who broke the lease agreement will only be responsible for the rent until the new tenant moves in.
Can my landlord kick me out of my apartment anytime he wants?
If you have a lease your landlord would have to take you to court to have you kicked out of the apartment. If you are a month to month tenant then the landlord can request that you vacate with 30 days notice.
How can you ask non tenant to move out?
If the person has the legal right to live there on a month-to-month basis, he is a tenant. But we are presuming that you, the landlord, didn't rent the unit out to this person: perhaps your tenant did, known as subleasing. If you, the landlord, allowed this, then you have to have your tenant evict the sub-tenant. If you didn't allow this, then you have to enforce the terms of the lease, and make your tenant correct this problem immediately or you can evict him, which automatically forces the sub-tenant out.
Without a written lease is it a month to month lease?
No, without a written lease, the landlord can only evict the same as a month to month lease agreement (30 days) but the protections to the tenant and landlord are not stated.
What to do if a tenant decides not to move into a property a few hours before they are due to?
If there was a lease, the landlord has an obligation to try to rent it. Until then, the tenant owes the rent. If this was a month-to-month tenancy, the landlord should keep the first month's rent, and return the security deposit and last-month's rent, if any.
Am I entitled to last month's rent and security deposit back if landlord entered into a new lease with a new tenant and granted access to my apartment to the new tenant before the end of the month?
If you had already moved out of the unit when the landlord granted access to the new tenant, then the answer is no. If you were living in the unit when the landlord let the new tenant in, then you are entitled to a proration of rent for the days when your possession was interrupted. Remember that in a court of law, you must prove damages, so your damages appear to be only the days of rent where another tenant had access to the unit. Since your state may provide additional protection to tenants, check with an attorney or tenant advocacy group.
What about if there is no lease agreement?
Then the Tenant is considered a month to month renter. The Landlord or Tenant may change any terms of the deal with at least 6 months notice to either party.
If a landlord puts a clause in the lease that he can take possession after a month has past with rent owed . Can he or she take possession without going through landlord tenant court after the month .?
yes
If a landlord is stalling on renewing lease what are tenants rights?
Generally none. If the tenant continues in possession once the lease term has expired he would be deemed a tenant at will, or a month-to-month tenant (if the rent is paid monthly) or a week-to-week tenant (if the rent is paid weekly). The frequency of rent payments determines whether the tenant is month to month or week to week, and also the notice the landlord must give before requiring the tenant to move. If its month to month the landlord must generally give one weeks notice to quit if he wants the tenants out. If you would feel more secure with a lease you might have to move. Many people never sign a lease after the first one expires and continue on a month to month basis.
What if I don't have a written residential rental agreement?
Then the tenancy is subject to the application of state or local landlord/tenant laws on a month-to-month tenancy.
