Maryland Complaint regarding double rent damages for holdover

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Multi-State
Control #:
US-01621
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Word; 
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Note that like Virginia, Maryland has also enacted a statute that imposes a duty of mitigation on residential landlords. Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mit- igate when negotiating the default provisions of a commercial lease.

Maryland state law now says that late fees can only be charged after the rent is 7 days late. So, if rent is due on the 1st but still has the grace period until the 3rd, that means your late fee cannot be charged until 7 days after the grace period ends.

Complaint and Summons Against a Tenant Holding Over. A landlord files this when he or she alleges the tenant refuses to leave the property after the lease term has expired. The landlord can use this action to seek EVICTION and MONETARY DAMAGES. Attend the hearing if you want to defend the case.

Tenant Holdover LocationRequired Notice PeriodLocation Existing 1/Year Lease in MarylandRequired Notice Period 90/days ? Judge may review clause in leaseLocation Existing 6/Month Lease in MarylandRequired Notice Period 60/days ? Judge may review clause in lease3 more rows

A civil action must generally be filed within 3 years from the date the cause of action arose, with the following exceptions of interest to tenants and landlords: If the cause of action is based on a judgment of a court or on a lease under seal, the time limit is 12 years.

§ 8-402. Holding over. (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.

How much notice of their intention to vacate must a tenant give the landlord? The tenant must give written notice, as required by the lease, generally one month for single-family units and two months for multi-family units.

If you are unable to agree to a payment plan, ask if your landlord will agree that you can stay in your home until a specific date. Make sure you get any agreements you make with your landlord in writing. Most failure to pay rent evictions can be stopped by paying the rent that is owed.

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Maryland Complaint regarding double rent damages for holdover