DC-CV-089 or DC-CV-082... - Landlord Forum thread 323815

DC-CV-089 or DC-CV-082... by Anonymous on September 4, 2014 @19:50

I have a tenant that paid me a prorated amount to move in 5 days early for a 1 September, month to month rental agreement. He also gave me a security deposit. I took the prorated amount and the security deposit and gave him a key in good faith he would sign the lease and pay me first months rent. Rookie move on my part.

You guessed it, He now has changed his mind and doesn't want to stay for more than the current month. Problem is, he said, by text, that he would still pay by direct deposit the months rent and put the electric in his name, buuut, He has now gone 'dark'. Won't return calls or texts. Hasn't paid the rent. Hasn't put the electric in his name.

Question #1 - is this a 'squatter' situation? I am going to file to evict, but do I use DC-CV-089 (Complaint/Wrongful Detainer or Grantor in Possession) or a DC-CV-082 (Failure to Pay Rent/Landlord's Complaint for Repossession of Rented Property).

My (sort of) atty tells me to use 082, but I seem to think he is not correct. I would think a 089 is more appropriate since we have no lease agreement. Best part about a 089 is there seems to be a provision that I can sue for atty fees, where he tells me using a 082 I cannot sue for atty fees. only court fees.

The rent court in Glen Burnie today told me that they are backed up 5 to 6 weeks to get a court date. They also told me to use a 089. My atty seems to think if I use a 082 its a much quicker (5 day) process before getting a court date. Why would it matter - seems to be an odd thing to say. My atty wants $225 to file a 082 on my behalf btw.

Any help from someone who knows MD Landlord/Tenant law would be greatly appreciated.

Question #2 -
My atty also tells me even though the tenant agreed in writing (by text) to put the utilities in his name, but now hasn't, I cannot turn the utilities off no matter what, lest I be sued for $500 or risk jail time. Seems insane that I have to provide this jerk free utilities, or go through a lengthy court process just to collect that.

Don't feel sorry for the guy either, he brags that he makes $500k a year as a firetruck chaser (he 'represents' people that have had their houses burned down). I am just a blue collar military guy trying to rent his house out while being stationed out of state and am being steam rolled by this guy. Who knows how much military leave I will have to burn up to get this resolved. ugh...

Thanks in advance you all.

J

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Re: DC-CV-089 or DC-CV-082... by Kim (WV) on September 5, 2014 @01:39	[ Reply ]

I'm sorry, I can't help you with the answers, but I thought I'd reply because I know it's disheartening to put a question out in a forum and not get ANY answers at all. I hope someone familar with MD LL/T law will come by and be able to give you some answers, but that may not happen. You have made a lot a rookie mistakes and it looks like the School of Hard Knocks is going to charge you dearly for the lessons. You have my sincere sympathy. I used to be in the Navy. I was assigned to the Pentagon for a number of years and after war exercises we used to do a "hot wash" to go over the mistakes and lessons learned. I know this doesn't change what happened but I'm going to do a "hot wash" on this. Mistake one: Accepting less than a full month's rent and the full security deposit. Never do this. If they want to move in early (or late) and the rental period is less than a full month, make them give you a full month's rent up front and then allow the pro-rate on the second month. Mistake two: Handing over the keys before the lease signing. NEVER, EVER, EVER do this under ANY circumstances whatsoever. Mistake three: Not making sure the prospective tenant had the utilities switched over to his name before handing over the keys. Check with the utility companies yourself to make sure the service is no longer in your name. I made Mistakes one and three once myself. With the utilities, I got the money reimbursed by the tenant (eventually) but I should never have allowed it to happen. Both times I made mistakes it turned out OK, but I would never allow that to happen now. I got lucky and my mistakes didn't bite me in the butt, but you aren't going to be so fortunate, it seems. Best of luck, and I hope you get your day in court and all the monies due you.

Re: DC-CV-089 or DC-CV-082...