So, you're here, no doubt, because you've gotten one of these:
"Failure to Pay Rent: Landlord's Complaint."
Simply put, this means that the landlord is asking the judge to evict you
because you didn't pay the rent on time.
Make sure to get to court on time, and bring your court notice.
If you are late, you may lose your chance to defend yourself.
First, check the court docket for the list of cases to be heard today.
They're listed by address, not by name.
The landlords, their agents, or attorneys are often in the hallway before court begins.
Even if you haven't paid your rent for whatever reason,
consider speaking with the landlord to see if you can either
resolve the problem or agree on a settlement.
But do not leave.
Do not allow the agent to handle the case without you.
The only person that can assure that you receive a fair hearing
where your side of the story is heard, is you.
Do not leave without the judge hearing your case.
If you do make an agreement with the landlord,
make sure to get a receipt for any money that you pay
and stay in court so that you and the landlord
can tell the judge about the agreement that was made.
Clerk: Case number 8651072008,
7205 Eutaw Street.
Judge: Are you Theresa Jones?
Tenant: Yes.
Agent: We've reached an agreement, your honor.
Judge: Please state the terms of the settlement for the record.
Agent: Tenant agrees to pay 300 dollars to the landlord in rent and court fees,
and the landlord agrees to dismiss the case.
Payment was made this morning.
Judge: Do you agree with the settlement?
Tenant: Yes, your honor.
Judge: Very well.
So here's what just happened.
Theresa showed up to court, found the landlord's agent,
and they made an agreement as to how much money
she would pay to have the case dismissed.
She made the payment before court began,
got a receipt, and then stayed to make sure that
everything went according to the agreement.
You see, the burden of proof lies on the landlord.
That means that the landlord has to prove to the court
that they own the property,
that it was rented to the tenant,
and that the tenant didn't pay the rent on time.
The landlord writes all of this in the complaint
and swears it is true under oath.
If you are not there to tell your side of the story,
no one is going to do it for you.
Judge: Mr. Plimpton,
the complaint states that the tenant owes 75 dollars in rent. Is that right?
Landlord: That's correct, your honor.
Judge: Mr. Jones, do you owe rent in the amount of 75 dollars?
Tenant: Yeah, but I-
Judge: The court rules in favor of the landlord. 75 dollars plus court fees.
If you have a defense,
or don't agree with the charges, say so.
Judge: Mr. Jones, do you owe rent in the amount of 75 dollars?
Tenant: I don't agree with the landlord, your honor.
Judge: Go ahead.
Tenant: The 75 dollars is not a part of my rent.
It's a citation that the landlord received because the trash area isn't large enough-
Landlord: That's not the point, Marcus. You didn't put your trash in the right place.
Tenant: There was nowhere else to put it.
The trash room is not large enough for everybody-
Judge: You will be respectful in this court.
Please address your comments to the court, not to each other.
Judge: If you are asking the court to authorize
an eviction for nonpayment of rent,
can you prove that the amount of rent that the tenant owes
is classified as rent under the law,
and that the lease defines it as rent?
Landlord: I have the lease right here, your honor.
Judge: After reviewing the lease,
I find that the citation isn't classified as rent,
and the citation is not rent under the law in any event.
The citation therefore cannot be collected in this court.
The court rules in favor of the tenant.
The rental agreement is what tells both landlords and tenants
how they're supposed to deal with each other.
A rental agreement may be a written lease agreement, like the one Marcus had.
But an oral month to month agreement is a valid rental agreement as well.
Let the court know you have a defense.
In court, speak only to the judge, not the landlord.
Bring any evidence you have to court
such as leases, rent receipts, or letters or notices to or from the landlord.
Remember, to evict you for nonpayment of rent,
the landlord must prove that what you owe
is actually considered rent under the law.
Rent is the payment you make to the landlord
for use and occupancy of the property.
Some charges, such as utilities paid for by the tenant, may be considered rent
if they are included as additional rent in the lease.
Items that are not considered rent include
charges for citations or fines against the landlord,
even if you, the tenant, caused them.
Charges for maintenance, repairs or damages
also cannot be collected as rent,
nor can security deposits.
Your landlord may have the right to sue you in a separate case for these amounts,
but cannot evict you through Rent Court for these
because they are not considered rent.
Judge: Mr. Plimpton, the complaint states that the tenant owes rent in the amount of 230 dollars.
Landlord: That's correct.
Judge: Ms. Smith, do you owe that amount?
Tenant: No, your honor, I disagree.
Judge: Go ahead.
Tenant: The charges on the notice don't match the amount that I owe.
My rent is normally 600 dollars per month.
I paid 400 dollars, and I notified my landlord that
I didn't have enough money at the time to pay it in full.
I told him I would pay him the rest next week after I got paid.
Judge: Do you agree that she has paid 400 of the 600 dollars in rent?
Landlord: That's correct, your honor. She still owes 200 dollars.
Judge: The amount on the complaint says you still owe 230 dollars.
Where is this additional 30 dollars coming from?
Landlord: It's the late fee.
Judge: Were you aware that you would accrue a late fee
if you didn't pay the full amount of your rent on time?
Tenant: No, your honor, he didn't make any mention of any late fee.
Landlord: Your honor, it's written right here in the lease.
Judge: The law does allow the landlord to charge
up to 5% as a late fee if it's in the lease.
The court rules in favor of the landlord
for the amount of 230 dollars plus court fees.
Ms. Smith, since you have not paid your rent and late fees in full,
I'm going to enter a judgment of possession in favor of the landlord.
This means that the landlord may file a warrant of restitution to have you evicted by the sheriff.
However, you have what is called the right of redemption.
This means that you can pay the 230 dollars plus court costs to the landlord
up until the time the sheriff comes to evict you.
If you pay, the eviction will be stopped.
But if you don't pay, the sheriff will evict you.
Clarisse now has a judgment of possession against her.
But that doesn't mean that
they'll change the locks on her doors right then and there.
Let's review.
In nonpayment of rent cases, the landlord is claiming that
the tenant did not pay a certain amount of rent when it was due.
If you disagree with the amount of rent that the landlord is claiming,
or do not understand how the landlord came up with that amount,
tell the judge you have a rent dispute.
Explain your dispute or questions to the judge.
Make sure the judge is clear about any partial payments you have made.
Bring your evidence of payment to court,
including rent receipts, checks or money orders.
Legally, the landlord may charge up to 5% of the rent as a late fee,
but only if the late charge is written in your lease.
After hearing all the facts from both the landlord and the tenant,
the judge will arrive at his decision.
The judge will decide what is called possession:
who gets the property.
If the court rules in favor of the landlord, the tenant is subject to eviction.
The judgment will also decide the amount of rent and late charges that the tenant owes.
If the judge orders possession to be returned to the landlord,
the tenant may still have what is legally called the right of redemption,
and is informally called "pay and stay."
This means that the tenant may stop the eviction and stay in the property
by paying the amount of rent and late charges that the judge said was due, plus court costs.
Payment must be made by cash or money order to the landlord
anytime before the sheriff begins the actual eviction.
You can lose your right of redemption if you have 4 judgments for nonpayment of rent
in the last 12 months.
The judge can then order that the tenant has lost his right to pay and stay,
and the tenant will be evicted.
Judge: What is the complaint?
Agent: Ms. Johnson rents the property for 675 dollars per month, due on the 1st,
and it has not been paid.
Judge: Do you owe this amount?
Tenant: Your honor, I did not pay the rent this month because the repairs have not been in the home
and I'd like to escrow my rent until they are.
Judge: What's wrong with the house?
Tenant: I have some pictures of the water damage and the mold that's been growing.
There's also roaches.
It's just not a healthy place to live.
Judge: Have you notified the landlord before today about these problems?
Tenant: Yes, your honor. I called the landlord several times on the phone last month
and then I sent a certified letter.
The letter was postmarked and delivered over a month and a half ago.
Judge: Do you have a copy of the mail receipt?
Tenant: Yes I have it. It's right here.
Judge: Has the landlord made any repairs?
Tenant: He keeps saying that he will, but nothing's been done yet.
I'm afraid my kids are going to get sick. There's mold.
Judge: Very well. I'm referring this case to the rent escrow docket.
Ms. Johnson, you must contact the housing inspector's office
to have an inspector come out to that property.
I will schedule a hearing on the 20th of next month.
Now you both will receive notice of the hearing,
and both of you will be required to show up in court.
You will be required to bring rent payment for this month and next.
A judge will hear your evidence and decide if there are any substantial life, health
or safety issues on the property.
If there are, the judge may decide to order the rent payment
to be made to the court until the repairs are made.
If payment is not made, rent escrow will be dismissed
and the judge may decide to rule in favor of the landlord for possession.
Case is continued to the next hearing date.
If you have health or safety concerns about your home,
there are some steps you need to take before you come to court.
One defense of not paying the rent on time is if there are conditions in the property
that are serious fire, health, or safety concerns.
The tenant may ask that the court order a rent escrow.
Rent escrow means the tenant will pay the rent money into court
until the landlord makes the repairs.
Tell the judge that you have not paid your rent because
the landlord has not repaired these problems. Tell the judge what the problems are.
You also need to show the court that you notified the landlord and the landlord still did not
make repairs.
Bring any written notifications to court.
Your case will then be transferred to the rent escrow docket,
and another court date will be set.
You must schedule an appointment with the housing inspector to come look at the property.
At court, the housing inspector will testify.
You also will testify to explain the conditions and the notice you gave to the landlord.
The landlord will present his side of the case
and the judge will make his decision.
If the judge rules in favor of the tenant, the judge will order the tenant to pay back rent
and any future rent payments to the court clerk until the repairs are made.
If you do not pay the court, your case will be dismissed and you may be evicted.
The landlord then needs to make the repairs and have the housing inspector certify that
the repairs are completed.
Once the repairs have been completed, or if they are not completed within 6 months,
the judge will decide what to do with the rent escrow money.
The judge ordered a judgment for possession against you,
because you owed the rent but didn't get the money together.
Here's how it all happens in Baltimore City.
If you lose the eviction in court, you will have 4 days to file an appeal.
If you do not appeal,
move out or pay the redemption amount to stop the eviction.
The next notice you receive will be in the mail.
You will receive what is called a warrant of restitution.
This is an order from the judge telling the sheriff to evict you.
You will receive 2 notices of the date the sheriff has scheduled
to come out to the property and evict you.
14 days before the date of the eviction,
you will get one notice by first-class mail.
7 days before the eviction, the notice will be posted on your door.
These notices tell you the scheduled eviction date
and that you have the choice to either pay and stay,
or move out before the eviction date.
Otherwise, the eviction will happen.
The only way to stop the eviction at this point
is by paying the amount the judge decided you owe
plus court costs to the landlord.
You may pay up to the time the sheriff actually starts the eviction.
Any belongings left in the property are considered to be abandoned.
That means they are not owned by anyone.
The landlord must legally dispose of abandoned property
by taking it to a public dump or other legal means.
But the landlord is prohibited from dumping the abandoned property
in a public street or on public property.
Now that you know the date of the eviction,
you know how much time you have left to either
pay the amount of rent, court costs, and late fees that the court ordered,
or you need to move out.
Sheriff: Good afternoon. I'm here to carry out this eviction notice.
Ms. Clarice, you and your family have to leave now.
The landlord is going to change the locks.
Anything left in the house will be considered abandoned property
and he will have to dispose of it legally.
It is illegal to leave any property on a public street or on the sidewalk.
Landlord: Ok.
Sheriff: Sorry, Ms. Clarice, it's time to go.
Your voice is the only thing that can protect you.
Even though the landlord has to prove to the court that you owe the rent,
you are your only defense.
And if they say that you owe 500 dollars
and you're not there to say that you don't think so,
no one is going to do it for you.
Remember, know your rights, know your resources,
and use your voice.