What are the Remedies for a Holdover Tenant in Maryland?
Full Question:
Answer:
A tenant who stays past the expiration of a lease without the consent of the landlord is considered a holdover tenant. Unless stated otherwise in the written lease and initialed by the tenant, when a landlord consents to a holdover tenant remaining on the premises, the holdover tenant becomes a periodic week-to-week tenant if the tenant was a week-to-week tenant before the tenant's holding over, and a periodic month-to-month tenant in all other cases. Therefore, a holdover tenant who paid monthly rent can be liable for another month's rent even if occupying the premises for a few days. An eviction action may also be brought by the landlord, and the tenant may be responsible for the costs of the eviction.
Please see the following MD statute:
§ 8-402 REAL PROP. Unlawful holding over beyond termination of
tenancy.
(a) Liability. —
(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.
(2) The damages awarded to a landlord against the tenant or someone
holding under the tenant, may not be less than the apportioned rent for the
period of holdover at the rate under the lease.
(3)
(i) Any action to recover damages under this section may be
brought by suit separate from the eviction or removal proceeding or in
the same action and in any court having jurisdiction over the amount in
issue.
(ii) The court may also give judgment in favor of the landlord for
the damages determined to be due together with costs of the suit if the
court finds that the residential tenant was personally served with a
summons, or, in the case of a nonresidential tenancy, there was such
service of process or submission to the jurisdiction of the court as
would support a judgment in contract or tort.
(iii) A nonresidential tenant who was not personally served with a
summons shall not be subject to personal jurisdiction of the court if
that tenant asserts that the appearance is for the purpose of defending
an in rem action prior to the time that evidence is taken by the court.
(4) Nothing contained herein is intended to limit any other remedies
which a landlord may have against a holdover tenant under the lease or
under applicable law.
