Need help..wife being evicted (1 Viewer)

[dutch]

Wife is disabled, we are seperated, we have a 15 year old son lives mainly with her although we do live close to each other.  She struggles to pay monthly bills but so far has managed.  Always late on rent, sometimes dangerously so.  November was paid on thec30th.  Sheriff came by today tpcserve eviction by Dec. 22.  Can this be reversed or is she screwed.  It's in maryland.

 

[Gawain]

Wife is disabled, we are seperated, we have a 15 year old son lives mainly with her although we do live close to each other.  She struggles to pay monthly bills but so far has managed.  Always late on rent, sometimes dangerously so.  November was paid on thec30th.  Sheriff came by today tpcserve eviction by Dec. 22.  Can this be reversed or is she screwed.  It's in maryland.

Never did anything in Maryland, but did a little bit of tenant work over a summer in NY.
Have her reach out to her local Legal Aid society first thing tomorrow morning. There is likely one in her county or general area that will work in landlord-tenant law.
In NY, there are several very specific steps that need to be performed in order for an eviction notice to be valid. Having a sheriff serve her is a bad sign, because she has already missed her court date. However, if she did not receive notice, that may be a defense and restart the eviction process. If statutory timelines were not followed, she may be able to restart the process. All Legal Aid can do is ensure the landlord is perfecting service. No attorney will be able to delay the process forever. If she can gain time, she needs to use that time to prepare to move out.

https://www.mdlab.org/get-help-services/#housing

ETA: There's also a fact pattern here that someone who practices needs to go through. According to your post, she isn't in arrears, as November was paid. The bottom line though is, even if she is allowed to stay, she's going to be renting from someone who wants her out and will serve for the slightest issue. She needs to plan to find a new place ASAP.

 

[dutch]

####, this doesn't sound good

 

[Mr.Pack]

@Thorn Might be able to help

 

[dutch]

@Thorn Might be able to help

Thabks

 

[Doctor Detroit]

I'm in Maryland too and it sucks.  Other than that, good luck to you with this.  Oof. 

 

[BigJim®]

Sorry for your situation. You say she is always in arrears. Is figuring out a way to perpetuate her current situation of constant struggle, debts hanging over her head and now probably a disgruntled landlord a better option than finding a more manageable (cheaper) place to live? Moving is a hassle for sure but that doesn't sound like an enjoyable life.

 

[Thorn]

She should check in with the local office that assists low income renters.  In my state, when a landlord accepts rent to bring the tenant current, even if past due, the landlord forfeits the right to evict.  No idea on MD law though.  Also, what was she served with?  A notice to quit?  Notice of a hearing?  It's likely that there needs to be a first notice to vacate, and a failure to vacate, before a landlord can bring an eviction action.  At least that's how it works in my state.  I can try to answer questions but you really need someone local who does LL/T law.

 

[dutch]

It all worked out.  Spoke with the leasing agent and she said that due to the rent payment being made so late it triggered an automatic eviction process but because payment Was made the process is stopped.  Wife just has to be sure payments are in no later than 15 th from here forward. 

Appreciate the responses.

 

[Jaysus]

so.... why aren't you divorced? 

 

[dutch]

issues that cant be talked about at this point. Fingers crossed I'll be a free man no later than mid-year 2018.

 

[dutch]

I love this place. 

 

[Gawain]

She should check in with the local office that assists low income renters.  In my state, when a landlord accepts rent to bring the tenant current, even if past due, the landlord forfeits the right to evict.  No idea on MD law though.  Also, what was she served with?  A notice to quit?  Notice of a hearing?  It's likely that there needs to be a first notice to vacate, and a failure to vacate, before a landlord can bring an eviction action.  At least that's how it works in my state.  I can try to answer questions but you really need someone local who does LL/T law.

In NY, the sheriff generally won't get involved until there's a court order (now local cops moonlighting as process servers has been known to happen).
Having the sheriff in there made me think that the landlord may have sloughed notice requirements and gone to a friendly judge to push the process through.
In my very limited experience, I was saddened by how collegial the relationship is in small towns between slumlords and local judges. Both generally were fairly well-to-do and were in the same social circles. It really took someone reaching out to the Legal Aid clinic where I did my 1L summer to have any hope of understanding how to proceed in an eviction case. There were a few times when we would be in court and there would be ten eviction hearings and only our client got the case dismissed for process defects.

I love this place. 

Glad everything worked out. Tell her to pay on time.

 

[Johnny Rock]

It all worked out.  Spoke with the leasing agent and she said that due to the rent payment being made so late it triggered an automatic eviction process but because payment Was made the process is stopped.  Wife just has to be sure payments are in no later than 15 th from here forward. 

Appreciate the responses.

Is it just me or does anyone else think she needs this rescission in writing? Verbal from a leasing agent isn’t going to trump the last legal notice she received. I’m not a lawyer though.

 

[Zow]

She should check in with the local office that assists low income renters.  In my state, when a landlord accepts rent to bring the tenant current, even if past due, the landlord forfeits the right to evict.  No idea on MD law though.  Also, what was she served with?  A notice to quit?  Notice of a hearing?  It's likely that there needs to be a first notice to vacate, and a failure to vacate, before a landlord can bring an eviction action.  At least that's how it works in my state.  I can try to answer questions but you really need someone local who does LL/T law.

All of this is true for my state as well... but my state isn’t Maryland. 

The applicable law/rules are likely to be very specific to Maryland and it’s likely only a Maryland attorney who practices landlord/tenant can help you.