This is an example of the form required to be obtained from the local District Court when a landlord seeks to evict an unwanted tenant who has stayed past the expiration of the lease term. You should use this form to understand and prepare the information that will be required when you seek to file the form in court.
Maryland Sample Complaint and Summons Against Tenant Holding Over
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FAQ
Legal Courses of Action When a Tenant is Holding Over (Annotated Code of Maryland, Real Property Article, Section 8-402) A holdover tenant refers to a tenant who remains in possession of a leased premises after the expiration of the lease term and when the landlord wishes to repossess the leased premises.
A tenant who remains beyond the end of a lease is considered a "holdover tenant," not a trespasser. Moreover, a tenant's refusal to pay rent may be a breach of the lease for which the landlord may recover damages, but it is not a trespass.
A holdover clause simply states that if a. tenant remains after the lease expires, the tenancy becomes month-to-month. at the increased rental rate.
If a landlord will not make necessary repairs to a rental property, contact Housing and Community Development at 240-314-8320. All other complaints can be made by completing the Landlord- Tenant Complaint Form. 111 Maryland Ave. a.m. - p.m.
Holdover damages in Wisconsin are the damages that a landlord incurs when a tenant doesn't move out when they are supposed to (either at the end of a lease or pursuant to a notice of some sort).
A landlord can file an eviction lawsuit (or, as it's known in California, an "unlawful detainer") against a holdover tenant without first serving a notice to quit, streamlining the process somewhat. A holdover tenant can also be held liable for both rent and damages during the time they've overstayed their lease.
A hold-over clause in a commercial lease typically provides that if a tenant remains in possession of the leased premises after the expiration of the stated lease term, the tenant must pay rent to the landlord in an amount substantially in excess of the rental rate at the end of the term often as high as 150 percent
To evict a hold over tenant, the landlord must treat the tenant as a trespasser who does not have permission to be on the property and who is acting wrongfully by staying on the property from the moment the lease ends. The best way to deal with a trespasser will depend on the laws of your state and locality.
You can immediately file an eviction if the tenant refuses to leave the property.If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.