Failure to Pay Rent – FTPR

Section 8 or Government Subsidized Housing cases

Read the regulations: U.S. Code of Federal Regulations, Title 24, Part 982, Subpart G 

All Section 8 housing is filed in the district courts the same way as regular FTPR, except for a few extra requirements. They are:

• Once the NOIF is sent, the landlord must wait at least 30 days before filing the FTPR
• All accepted rent payments by the tenant or Section 8 must be applied to the month the payment was received.
• A proper ledger reflecting all payments due and paid from both the tenant and Section 8
• Notifications to all proper parties involved.

Rent Escrow

A Landlord is required to repair and eliminate conditions that are a serious threat to the life, health, or safety of the occupants. If there is a dangerous condition, the tenant should not withhold rent from the landlord. The landlord can bring an action for an FTPR. The landlord should fix any unsafe conditions, or the tenant has the right to file an escrow. The tenant will pay the rent amount into an “escrow account” that is set up by the court until the landlord fixes the hazardous conditions.

No Rights to Redemption / No Rights (NRR / NR)

Baltimore City: If the landlord has obtained four rent judgments within a year, on the fifth FTPR filing, the landlord can request a “No Rights of Redemption,” meaning the tenant cannot redeem the property and must leave before or on the day of the eviction.

All Counties: If the landlord has obtained three rent judgments within a year, on the fourth FTPR filing, a landlord can request a “No Rights of Redemption,” meaning the tenant cannot redeem the property and must leave before or on the day of the eviction.

Eviction Notifications (EN)

After filing the warrant and it’s signed by the judge, the clerk sends the warrant to the sheriff’s office. MRC can now request an eviction date and time. When the date and time have been received, MRC will notify the landlord, create the notification, and mail and post the proper paperwork set forth by Maryland State law to the tenant’s door.

Landlord Stand-In

We have attached two videos showing how hazardous an eviction can be. WARNING: The black-and-white video is very graphic. Please use discretion when viewing.  

https://www.youtube.com/watch?v=p_5IXSbMVJc

Landlords often face fraud, manipulation, physical assault, bodily harm, attempted murder, and even homicide on eviction day. As a landlord, don’t put yourself in a treacherous position. MarylandRentCourt.com has developed a team to handle this process for you. Current and former law enforcement officers uniquely prepare our eviction agents to deal with the risks.

The Maryland Constitution and courts order that only law enforcement officers can execute evictions because it is a warrant to take possession of a dwelling, and it is due to the inherent danger to the landlord. This means only a sheriff/constable/deputy can serve the warrant. After entering the premises, we remove the old locks and deadbolts, change the front and rear locks and deadbolts with new ones, install a lockbox with the new key, and get a signed executed warrant from the officer. If any issues arise, our managers will assist and address the problem before, during, and after the eviction. 

If the landlord requests an eviction stand-in, MRC’s eviction agent will meet with the sheriff/constable on the eviction day. The designated agent will act on behalf of the landlord and breach the dwelling door, allowing the sheriff/deputy to execute the WOR, and return the property to the landlord. The agent will change two sets of locks and deadbolts (front and rear) and install a lockbox with the new key. The locks and deadbolts we currently use are intended for temporary use only, until the landlord can replace them with more secure options. If the landlord prefers a more durable set of locks and deadbolts, we will purchase Kwikset locks and bill accordingly.

Landlord stand-ins are available in the following Maryland counties: Baltimore City and County, Harford, Cecil, Anne Arundel, Prince George’s, Howard, and Carroll.

*Counties that require extra men to be accessible on the day of eviction are Anne Arundel, Baltimore, Howard, and Prince George’s. The total number of men needed for the eviction is at the sheriff’s demand, not ours. Before the eviction, MRC will bill the landlord for the “extra manpower,” and the invoice must be paid in full before the eviction happens.*  

Emergency Stand-In

If a landlord requests a stand-in within 48 hours of the eviction, the landlord must call the office to check for availability. An emergency fee will be assessed.

Right to Redeem – Pay to Stay

The tenant may pay the landlord or MRC’s agent on the eviction day. This is called “Right to Redeem the Premises”. The tenant can pay by cash, certified check, or money order for the judgment amount and court costs. MRC is a licensed collection agency, and our agents follow strict protocols when collecting money from tenants. The agent will provide the tenant and landlord with a receipt for the collected amount. If the tenant does not have the full judgment amount due, the agent will contact the landlord/owner for approval before accepting any money.

Additional Locks

If more than two sets of locks are needed for the stand-in, all additional locks will be billed accordingly.

Emergency Labeling of Property/Apartments/Units

The sheriff’s department requires all properties and/or apartment/unit doors to be clearly labeled and large enough to be visible to the public. If the doors or property are not correctly marked on the day of eviction, the sheriff will cancel the eviction. To prevent this from happening on the day of the eviction, MRC will adequately mark the property and/or doors, ensuring the eviction proceeds. We will also notify the landlord and bill subsequently.

Eviction Photos – Reports

On the day of the eviction, the agent will document the belongings left behind and/or damages made by the prior tenant. This documentation will support the landlord’s claim in Civil Court.

Property Clean-Outs

After the initial eviction stand-in has been completed, what do you do with the mess the tenant has left behind? Another benefit we recommend is our post-eviction trash removal. Our division leaders will assess the cost of removing all trash from the house. Our team member will send a proposal to the landlord. The landlord will be billed accordingly when the proposal is accepted. The clean-out group is then scheduled and performed under the supervision of the management.

The clean-out division services are only available in the following Maryland counties: Baltimore City and County, Harford, and Cecil.

Swipe Testing

With a swipe test, the inspector will perform dust swipes in all rooms and send the samples to the lab for testing. A landlord must schedule a swipe test before every tenant turnover.

Lead-Free Testing

A lead-free inspection requires the inspector to test rooms for any trace of lead. Two tests can classify a property as lead-free:

• Limited lead-free – the exterior doesn’t pass the lead-free inspection, but the interior does pass. The exterior must be inspected by a visual inspector every 2 years.
• Lead-free – Using an XRF gun, the exterior and interior of the property pass the inspection, and the testing never has to be done again.

To order a lead inspection, call our office: 443-529-9900

Baltimore City And County Properties

Baltimore City and County properties need a rental inspection and should be registered before the tenant moves in. The investigation ensures that all rental properties meet safety and habitability standards. The assessments aim to protect everyone and confirm the property is up to code, particularly regarding basic life, health, and safety items.  

All non-owner-occupied rental properties requiring a license include:

• a whole house and two-family units
• multi-family dwellings (3 and up units/apartments)
• vacant, occupied, or unoccupied property
• a property generating income
• rooming houses  

New Rental Property Registration

To obtain a rental license, the property must meet the following criteria:

• Register the property with DHCD within 30 days of the inspection.
• Complete the online property registration and include the owner’s current contact information by registering with DHCD (Baltimore City) https://baltimoremddhcd.viewpointcloud.com/categories/1080/record-types/6432 or Baltimore County https://www.baltimorecountymd.gov/departments/pai/rental-registration/registration.
• Submit a passing third-party inspection report performed by the inspector or a passing Section 8 inspection report for each unit.
• For multi-family dwellings (3 or more units in a building), the report should be submitted within 90 days of the inspections. Contact us for further information.
• Section 8 inspection reports cannot be older than one year.
• Present the current lead certification information for each registration. If needed, MRC offers lead inspections as well. (See above)
• Pay all registration fees.
• Have no open code violations.
• Inspection reports submitted beyond the date range (30 days or 90 days) will not be accepted, and the landlord will need to get a new inspection report.
• If there is a bedroom in the basement, two escape routes must be available.
• New rental licenses will be issued for two years. Subsequent licenses will be valid for three years.

During the inspection, a detailed checklist is used to assess various aspects of the property, including electrical, plumbing, smoke and carbon monoxide detectors, interior and exterior sanitary conditions, and free of lead paint and pests. If issues are recognized during the inspection, the landlord must make all necessary repairs, and the property ought to be reinspected within a specified time frame.  

Landlords: Remember that tenants have the right to request an inspection if they believe their rental unit does not meet minimum standards.  

Existing Rental Licenses

Current licenses remain valid until their expiration date. New inspection reports must be obtained and submitted before the current rental license expires.

For more information and scheduling, contact our lead and rental division.

Onsite Inspection

Upon request, MRC will send an agent to the landlord’s property to post a required notice, notifying the tenant of the pending inspection. Upon arrival at the inspection, our agent will report on the dwelling’s condition by taking photos, showing the conditions, and determining any repairs or damages.

Skip Trace – Locating Prior Tenants

MRC has the resources to search for the landlord’s prior tenants. MRC uses a database with current records, such as utilities, credit applications, cellular carriers, etc. This service is vital in taking the necessary steps to start your collection case.

SCRA (Servicemembers Civil Relief Act) Reports

Many jurisdictions require SCRA reports on all tenants who sign the lease. This report is proof that the tenants are not in the military. Some judges are dismissing cases if they are not completed. We are set up to run those reports and will upload them to your account. A new report should be done at least every three months.

Civil Actions

Tenant Holding Over (THO)

A landlord may begin to file a THO when the tenant’s lease has expired, and they are illegally extending their tenancy.

• The landlord must give the tenant a 90-day written notice on a year-to-year renewal term. If the renewal of tenancy is a month-to-month lease, then a 60-day written notice is required.
• A complaint must be properly filled out in the district court of the county where the property is located. The court will then issue a summons to the tenant.
  • oIf action is only for repossession of property, service of complaint and summons to the tenant by posting and mailing is proper.
  • oPersonal service is required for money judgments.
• If the tenant was not properly served, or if the notices were not sent within the proper time, or the complaint is not correctly filled out, the court may dismiss the action.
• Money damages may be sought after. Call MRC’s in-house attorney for further action.
• Attorney’s fees may be available.

Breach of Lease (BOL)

According to Maryland law, a breach of lease occurs when a tenant fails to uphold the terms of the signed lease and commits one or more substantial lease violations. This does not include failure to pay rent and late fees.

Notice Required

If an unexpired lease for a stated period of time provides that the tenant may be evicted for breach of the lease, the landlord may file a complaint in district court if the tenant or person in possession has:

• violated (breached) the lease
• the landlord has given a 30-day written notice to the tenant stating they have violated the lease, and the landlord wishes to repossess the premises; and
• if the tenant refuses to comply with the landlord’s request.

Emergency Breach of Lease

14-day written notice from the landlord to the tenant, or person in possession, is required if:

• violated (breached) the lease
• the breach of the lease involves disruptive behavior by a tenant or a person who is on the property with the tenant’s consent, and
• the behavior demonstrates a clear and imminent danger of the tenant or person doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property.

Read the Law: Md. Code, Real Property § 8-402.1(a)(1)(i)

Source: Fair Housing Action Center of Maryland (Formerly Baltimore Neighborhoods, Inc.)

Wrongful Detainer (WD)

Wrongful detainer actions in Maryland address disputes where an occupant remains on a property without a legal right after their lawful possession (signed lease) ends. This action also includes when the property is occupied by “squatters.”

If you are the tenant or another person with the right to possess a property, the landlord may ask someone to leave. Even if you permit that person to enter the property, your guest must leave when you ask. If a guest or squatter refuses to leave, you may ask the court to issue an order to remove them by filing a “wrongful detainer” action in district court. 

After filing a complaint in the district court, if the tenant was not properly served or the complaint was not properly filled out, the court may dismiss the action.

The landlord or tenant can ask for a jury trial. This will move the hearing to the circuit court. 

The court may also award the plaintiff money for any harm suffered, court costs, and/or attorneys’ fees if:  

• the plaintiff asked for damages in the complaint; AND 
• the court finds that the person in wrongful possession was personally served with the summons, or there was service of process, or the defendant agreed to the jurisdiction of the court. 

Money damages may be sought after – contact MRC’s in-house attorney.

Court Decision Appeals

If the landlord or tenant disagrees with the court’s decision, any party can file an appeal no later than 10 days from the date the district court enters the judgment. You must file the appeal in the circuit court where the property is located. The tenant may be able to keep possession until the circuit court decides the appeal.

The appeal may be filed based on whether the tenant: 

• files an affidavit that the appeal is not to delay the eviction; AND 
• files a bond OR pays  
  • othe fair rental value of the property for the entire period of possession up to the date of judgment
  • all court costs in the case 
  • all losses or damages that the court determined to be due because of the wrongful possession, and 
  • othe fair rental value of the property during the length of the appeal. 

The court must set a hearing date for the appeal that is not less than 5 days or more than 15 days after you apply for the appeal. Notice of the hearing must be served on both parties and or their attorneys not less than 5 days before the hearing. 

Court Decisions

If the landlord wins the case, the court will order the sheriff to remove the person unlawfully in possession. 

Read the Law: Md. Code, Real Property § 14-132

Source: Fair Housing Action Center of Maryland (Formerly Baltimore Neighborhoods, Inc.)

Collecting Judgments

Once the court issues an order requiring the tenant to pay money owed to the landlord, the landlord can proceed with further action. The landlord is responsible for collecting the debt if the tenant is unwilling to pay their obligation or work out a payment plan. Our in-house attorneys can handle this lawsuit for the landlord.

Small Claims

A landlord’s claim is for $30,000 or less. It does not include the return of the property. Example: A tenant damages the property, or they still owe for past due rent. MRC’s staff attorneys will help the landlord with this process.