Maryland Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

§ 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.

Under current state law, landlords may utilize the ?Tenant Holding Over? (THO) eviction action in District Court, under Real Property § 8-402, after expiration of the lease. This statewide statute does not require a landlord to demonstrate any reason for the decision to terminate or non-renew the lease.

A sitting tenant cannot be evicted unless they break the terms of their existing tenancy agreement.

§8?402. (a) (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.

If the tenant does not vacate on the lease expiry, the landlord can attempt to re-enter the property and change the locks; however, landlords should seek legal advice before doing this as caution is needed and a strict process must be followed including in how to deal with the tenant's stock.

You may find yourself in a new periodic lease If the landlord allows you to stay after the original lease has expired, you enter into a month-to-month lease (unless the original lease said something different). If you were originally in a week-to-week lease, the holdover period will also be on a week-to-week basis.

Landlords are required to give tenants sixty (60) days' notice before the lease officially ends.

If the landlord allows you to stay after the original lease has expired, you enter into a month-to-month lease (unless the original lease said something different). If you were originally in a week-to-week lease, the holdover period will also be on a week-to-week basis.

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Maryland Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term