If your rental home is foreclosed, you can live in your home for whichever is longer:
as long as your lease allows
for 90 days after the last day your landlord can pay back their debt and reclaim the home.
If you pay your rent in cash, your landlord must give you a receipt. If you pay rent by money order, you can use its stub or a copy of it as proof that you paid.
Landlords must give you criteria for their rental applications and look at applications one at a time and in the order received. Your application fee must be refunded if a landlord denies you housing for a reason that is not in their application criteria.
If you lie on your rental application, you could be fined over $500.
Landlords who do not divide utilities fairly have to refund you whichever is more:
$500
triple the damages to you
If a landlord refuses to return your security deposit in bad faith, you can now get up to $500 in addition to double the security deposit.
Landlords have to keep abandoned property for 28 days (no longer 60 days). If they throw out the property before 28 days are up, they have to pay you whichever is more:
$1000
triple the damages
For leases starting after January 1, 2011:
You cannot be charged more than 8% of your rent for late fees unless there is differing federal law – typically the case in Public, HUD, or RD housing (that could charge more or less).
Beginning on August 1, 2011 for new leases and August 1, 2012 for renewed leases:
If the landlord’s lease allows them to get attorney fees for winning in court, so could you.
Please contact HOME Line if you would like hard copies of this information for distribution to Minnesota renters (on card-stock in bookmark format)
You are right that employers fear liability when it comes to hiring ex-offenders. In Minnesota, it is now illegal for employers to ask anyone if they committed a crime on the job application, so there is a chance for a job interview at least.
Collatteral damages from "lifelong sentences" are a fact among job seeking competition, especially when illegal aliens are snatching up any available jobs.
In addition, in Minnesota, 1 in 7 people are criminals due to the fact DWI's are criminal acts. In some states, like Wisconson, DWI's are civil offense.
Posted in Brighan on Jun 15, 2010... modified on Jun 15, 2010
BEWARE OF FRAUD!
I got the following e-mail after I posted ads on Craig's List. Would you think that if you are in a business for yourself that you would know how to post ads on Craig's List?
CRC Group wants people to post ads for them on Craig's List and other hoops to jump through, which I can smell a tightrope scam!
The problem is CRC Group, Inc. dissolved in Illinois years ago. Second, the law for arbitration is held in Nevada for any disputes. Third, workers are strewn all over the country with phone numbers not belonging to the stated personell, etc.
In addition, the BBB rates the company with a "B" rating because they have no contact or reports about the company. The Agent for the business list a Mr. patrick Egan at (815) 439-1549.
I urge caution for any person who wants to lose out on $80.00 or more, including the $2.95 for the free seven day trial for e-mail software.
Hello,
My name is Greg Sutherson and I just came across your ad on Craigslist. I own an advertising company and we would like to offer you $1500 for posting a couple ads each day on Craigslist for our company. We are currently overwhelmed with work and would like to outsource some of it to qualified people who can successfully post ads on Craigslist, and since you have a quality ad that we found, we would like to offer you this position.
This is just part-time work, so you don't need to quit your current job or rearrange your schedule. All you need to do is post 2 or 3 ads a day for us, depending on what our clients need. It only will take 15 minutes to do each day, and will last for about 4 or 5 days. Since you already know how to post an ad on Craigslist, this should be really easy for you to do, and we would be happy to have you work for us. We just need to get caught up with our clients' ads, as we are extremely back-logged. However, depending how well you do, this could turn into a full-time position where you could work from home for us.
If you plan to participate then the following needs to be done:
1) You must fill out the following short form to receive your home income ad posting kit: CLICK HERE FOR THE FORMThe kit is completely free, since you can use the free trial option that we put into place for this project. Depending on your location, there may be a slight activation fee. However, this charge will be reimbursed to you when you receive your paycheck. (i.e., instead of $1500 you will receive $1502.97).
2) After you submitted your order for the free trial, please email us back with your name and confirmation number.
3) We will then contact you back with your first 2 ads that need to be posted on Craigslist for our clients. The ads are just promoting their businesses and services (typically car dealerships, appliance stores, restaurants, etc...), but once again, we have so many clients that we are getting swamped and we need help catching up.
* Spots are filling up quickly, so to reserve your spot, get your free trial ASAP. We are literally being contacted by a dozen people each hour. At the end of the 5 days, we will send you a check to the address we have on file for you. Unfortunately we cannot pay in advance due to people taking advantage of our free kit and compensation thereafter. However, if you can order your free kit and would like to schedule a phone conversation, I may be able to pay half up front and the other half after the work is completed. But once again, we would need to be able to have a phone conversation so I can verify your intentions of working with us.
Thank you to all volunteers and contributors for your participation at the National Night Out 2010 event hosted by the American Legion Post 577 and 474, the Polish –American Club, and other community organizations.
Your contributions and services propelled our neighborhood block party to new heights with an attendance up to 280 people this year. We hope to invite you to join us again next year and make National Night Out in our neighborhood a continuing annual event.
The National Night Out 2010 event is a nonprofit community event. Last year, the American Legion Post #577 held its first National Night Out event with a surprising attendance of over 250 residents. We met last years attendance with more people showing up and failing to register our guest book although many of them were children.
We celebrated the diversity of cultures in the neighborhood, which I had hoped to have the Hmong people come out of their ethnocentric cultures and meet their neighbors for community solidarity. The East side neighborhood can flourish when the people finally meet and know one another, which reduces crime.
We had many Games that included a Fishing game, pop ring toss, sucker tree, Twister, duck pond, and a Dunk tank.
We hosted excellent entertainment only by personal experience a person could enjoy that includes:
Acoustical Music and Songs by Randy Burger, Woodville, WI, rmburger@hotmail.com--Check out MySpace for further details;
Back to Back with Diamond-Mac (Neil Diamond and Stevie Nicks Tributes) Stewartville, MN --fantastic likeness of Neil Diamond and Fleetwood Mac. (612) 876-1094 or (507) 319-1094
--Audio produced by Tom Hilber dba Sober Rose Productions, St. Paul, MN--Tom also plays in a band that is available for bookings. (651) 491-6286 banjotomh@aol.com
If you must file a complaint against a police officer who chooses to falsify police reports or other types of police misconduct, please call the Minnesota POST Board at (651) 643-3060 or the local POST Board for Police Training. Be prepared to run through a Merry-go Around.
Location: 1129 Arcade St, St. Paul, MN 55106Phone:(651) 771-8778
Thanks to all the people who made the National Night out 2009 a great success.
We had an attendance over 350 people who enjoyed a live singing performance by Angela Steele, snow cones, popcorn, treats, and all the hot dogs and hamburgers we could muster.
To me, Symmetry is not anything more than common sense and overpriced products for sale.
Red flags should always arise when you wonder why do I need to sell pomegranate juice loaded with every known vitamin and mineral for $70.00 as a start up kit.
Minnesota law forbids chain level marketing, in which case my opinion is that Symmetry thinks they can operate as a direct marketing company. Symmetry asks new customers to buy products--Legal.
However, once Symmetry asks you if you would like to start a business for yourself and kicking back any type of fees, income, or mandatory product purchases--illegal.
No matter the outcome, Symmetry will gain new call contacts with your references and people you bring into the organization when you show up at the first "Job Interview" to "help people in the health and Wellness industry."
Be wary!
Genesis was reported to contain:
Apple juice, aloe vera juice, whole fruit grape extract and whole fruit pomegranate extract infused with barley grass, cinnamon bark, coriander leaf, coriander seed, cucumber, fig fruit..etc..
It is true that absolute power corrupts absolutely. You can buy your freedom if you could afford to defend yourself. However, legal aid has only so much money to defend the hundreds of people needing legal representation.
The freedoms and liberties our American forefathers dreamed about have long changed and reflected as distorted truth from a political fun house mirror.
This is why getting involved with your local politics is your last option.
You stated that the man replied--"so you would rather work there than in health care? You don't want to work within your major and make more money?"
Right there is a big red flag that should warn you that deception is in play. You should click on the links on the Aidpage and file a complaint with the BBB, The FTC, and the Minnesota Secretary of State.
The reason Mac, Inc. keeps on getting away with their business practice is because hardly anyone takes the time to alert the authorities.
You should have told him to take your name off of the contact list because someone else will call back within one year to try you out again and get names of other people.
You are repeating exactly what I went through with these people working at Mac, Inc.
The road is a frontage Northern road off of the Highway in a small business area in New Brighton.
Do you really feel that this is a scam of sorts? If so, then I suggest you call or write the BBB, the Minnesota Secretary of State, and the FTC to file a complaint about the "employment opportunity" Mac, Inc. offered to you to come in for an "Interview."
In my opinion, Mac, Inc. operates under dubious business practices to lure desparate people to sell or buy nutritional supplements under an illegal chain-referral marketing scheme.
Contact a business attorney to answer your business questions about Mac, Inc.
In addition, tell Mac to remove you from their contact list if you are not interested.
I've been to that address, in which case it is a small brick building that houses other businesses that includes Mac, Inc. The new address is right next door. The phone number you gave--651-636-6018--belongs to Casandra Beeman. The phone number is a business landline provided by Quest.
I'm just surprised the BBB or any other agency hasn't done anything yet to this company. The BBB sent Mac, Inc. a letter for the comapny to answer, but Mac, Inc. did not respond to the BBB.
Be very wary about this company, but go if you feel that you might gain some more insight to what I already posted here.
Report any illegal activity or just ask questions to any one of the regulatory agencys.
Your best bet is to click on the highlighted links to the FTC, the BBB, and the MN State Attorney General. These agencies keep files of all complaints and they watch for illegal activity.
The MN BBB only involve themselves in cases where money exchanged hands.
Mac, Inc. gets their phone referrals from other people duped into an illegal "chain referral marketing" scheme.
Contact a lawyer because when you bought your house the seller should have disclosed the truth in housing disclosure.
You can void the contract for your purchase of the house and the responsible parties to clean up the house. Unfortunately, everything in the house has to be gutted out because of the contaminates.
I think he will not answer your question for the fact that--The Fourth Amendment does not protect the property of foreign nationals and nonresident aliens.
This is the last time I will speak to you about your ignorance.
I hold an AS Paralegal and an BA in Legal Advocacy & Criminal Justice. Your concept of American law stretches my imagination that you do not have a clue unless you also took pre-law or currently working as a licensed attorney.
Please, go to my Aidpage and read the two blog posts--The Eroding of Our Fourth Amendment Right--and the blog, The Fourth Amendment Rights and Terry Stops.
I see that you are 44 years of age and I am 41. So how is a few years different qualify you to say that you know more than myself?
True, I am trying to reason with someone who is clearly trying to serve themselves by making others frustrated for your own ignorance. For this, I am sorry for you but you need to find other ways to vent your beliefs. Try writing letters to the editor.
Congress controls the taxing and spending while the US Supreme Court interprets the Constitution.
I cannot argue with someone who has a strong position, in which case use your knowledge to help yourself rather than to pick arguements with other people.
Here, in Minnesota, contact this link for help. I am sorry for your experiences while I learned victimology in college, in which case search my Aidpage blogs for more answers.
I had to respond to the fact that your message to ekikaseven is out of line.
The US Constitution does permit the dual governments--the Federal and the State--the right to protect and identify its citizens. You have dual citizenship in both of these entities.
If you do not carry Identification then it is your right, but don't complain when law enforcement detains you for twenty-four hours to fingerprint you for identification.
You must read my two Aidpage posts in my Blog area about the Fourth Amendmant rights, in which case I excel in the latter discipline.
I believe your frustration is better vented by writing to your representatives in Congress and locally.
Section 402(b) of the Pennsylvania UC Law provides, in part, that a claimant shall be ineligible for benefits for any week in which his/her unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature. A claimant who voluntarily quits continuing work has the burden of proof in establishing good cause for quitting; and, that such cause was real and substantial, leaving the claimant no other alternative. The burden is on the claimant to show that, prior to quitting continuing employment, he/she made every reasonable effort to maintain the employer/employe relationship.
Following are examples of some common voluntary quit situations.
Health Reasons
To be eligible, the claimant must inform the employer of his/her health limitations prior to quitting so that the employer can offer suitable work within the claimant's limitations. The claimant must also be able and available for suggested accommodations. If the employer fails to offer suitable work, the claimant may be eligible for UC.
Transportation Problems
To be eligible, the claimant must show that the loss of the transportation was through no fault of his/her own and rendered his/her problem virtually insurmountable. He/she must attempt to secure alternate transportation prior to quitting. The claimant must also be able and available for suitable work in the local labor market consistent with his/her limitations.
Spouse Following Spouse
To be eligible, the claimant must show that the reason for the spouse's relocation was beyond the spouse's control, and that such relocation created economic circumstances which could not be overcome or that it was economically impossible to maintain two residences.
Leaving Work Due to Personal Reasons
To be eligible, the claimant must show that he/she quit due to personal circumstances that left him/her no reasonable alternative. The claimant must show that, prior to quitting, he/she made a reasonable attempt to maintain the employer/employe relationship. The claimant must also be able and available for suitable work.
To Attend School
Quitting a job to attend school is not considered a cause of a necessitous and compelling nature, unless it is to attend school or training provided under the Trade Readjustment Act (TRA). If the claimant quits to attend TRA training, he/she must show that the job he/she quit was not suitable work to be eligible for UC. Suitable work for the purposes of this exception to Section 402(b) means work of a substantially equal or higher skill level than the claimant's past "adversely affected employment," and wages of such work is not less than 80% of the worker's "average weekly wage."
Due to Unsuitable Work
When an employe accepts a position, he/she admits to the initial suitability of the position with respect to its wages and the conditions of employment. When a claimant quits because the job was unsuitable, the claimant must show there were changes in the conditions of employment, to which he/she did not agree upon, that made the job unsuitable, or there was deception on the part of the employer with regard to the conditions of employment at the time of hire, or he/she shall be considered ineligible. The suitability of the work will be determined by considering factors such as the degree of risk involved to the claimant's health, safety and morals; the claimant's physical fitness; the claimant's prior training and experience; the distance of the available work from the claimant's residence; the prevailing condition of the labor market; and, the prevailing wage rates in the trade or occupation.
Job Not the Same as What was Anticipated
To be eligible, the claimant must show that the monetary expectations of employment were not fulfilled through no fault of the claimant. For example, a claimant takes a job selling vacuum cleaners because he/she has been told he/she could make $50,000 per year through commission sales. After three weeks, the claimant quits the job because he/she was unable to make any sales and the personal expenses exceeded the income thereby warranting the allowance of benefits.
The following are some exceptions to the disqualifying provision of Section 402(b) of the Pennsylvania UC Law:
You are permitted to exercise the option of accepting a temporary layoff from an available position under a labor-management contract agreement, or under an established employer plan, program or policy.
If you are covered by a Trade Adjustment Assistance (TAA) Program Certification, you may leave work to participate in training approved under the Trade Act of 1974, but only if that work is determined to be "not suitable," as defined by the Trade Act.
Section 402(e) provides that an individual who is discharged from employment for reasons that are considered to be willful misconduct connected with his/her work, is not eligible to receive benefits. The employer must show that the employe's actions rose to the level of willful misconduct. "Willful misconduct" is considered an act of wanton or willful disregard of the employer's interests, the deliberate violation of rules, the disregard of standards of behavior which an employer can rightfully expect from an employe, or negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employe's duties and obligations. While it is the employer's prerogative to discharge an employe, an employe is not ineligible for UC benefits unless the discharge is due to willful misconduct. Pennsylvania's Courts have provided guidance in determining an individual's eligibility in specific situations involving a discharge for willful misconduct. Following are examples of some common discharge situations.
Absenteeism/Tardiness
Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct.
However, there can be factors that may affect the eligibility determination, such as the employer's rule for calling off, the method which the individual used in calling off, the reason for the last incident, the nature of the work, past attendance record, and previous warnings for absenteeism or tardiness.
Rule Violation
Deliberate violation of an employer's rule which is known to the employe constitutes willful misconduct if the employer's rule is reasonable and the employe's conduct, in violating the rule, was not motivated by good cause. The employer must show the existence of the rule and that the rule was violated. The employer must also show that the claimant was aware, or should have been aware, of the rule. If this is established, the claimant must show that the rule was not reasonable, or that he/she had good cause for violating the rule.
Attitude Toward Employer or Disruptive Influence
Disregard of standards of behavior which an employer can rightfully expect from his/her employe constitutes willful misconduct. However, where a claimant is discharged due to his/her attitude toward the employer or due to being a disruptive influence, the employer must show specific conduct adverse to the employer's interests.
Damage to Equipment or Property
Negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employe's duties and obligations constitutes willful misconduct. Where the negligence results in damage to equipment, damage caused by the worker to equipment or materials is not usually misconduct. The employer must show that the action which caused the damage was willful or due to willful carelessness; or, to show that the claimant would not have damaged the equipment if he/she had used reasonable care of which he/she was capable in order for the action to be willful misconduct.
Unsatisfactory Work Performance
Unsatisfactory work performance is not considered willful misconduct where the claimant is working to the best of his/her ability. However, it is willful misconduct where the employer shows that the claimant was capable of doing the work, but was not performing up to standards despite warnings and admonitions. This is conduct showing an intentional and substantial disregard of the employer's interests.
Drug and Alcohol Testing
The UC Law provides for the denial of benefits for failure to submit (to) and/or pass a drug or alcohol test, provided the test is lawful and not in disagreement with an existing labor agreement. In order to be eligible for UC, the claimant must show that the test was unlawful, violated an existing labor agreement, or was inaccurate.
Following are examples of eligibility issues that are not related to the claimant's separation from employment.
Able and Available
Compensation shall be payable to any employe who is or becomes unemployed, and is able to work and available for suitable work. The claimant must prove a realistic attachment to the local labor market as a whole, as indicated by the claimant's readiness, willingness, and ability to accept some substantial and suitable work. The claimant must certify that he/she is able to accept and is available for suitable work during each week for which he/she files a claim for benefits.
Self-Employment
You may be ineligible for benefits if you are self-employed, setting up a business, or have ownership interest in a business.
Self-Employment During the Base Year Services performed in self-employment do not qualify as Base Year employment and will not be used to establish financial eligibility for benefits. Independent Contractors are self-employed. The following two factors must exist for a claimant to be considered self-employed.
1) The individual has been and will continue to be free from control or direction over the performance of his/her services, both under his/her contract of hire and in fact. 2) As to such services, the individual is customarily engaged in an independently established trade, occupation, profession or business. If the claimant alleges an employer/employe relationship, but the employer states that the claimant is self-employed, the employer must prove that the claimant is free from control over the performance of the service and customarily engaged in an independently established trade, occupation, profession or business.
Self-Employment While Claiming Benefits
Section 402(h) provides that a claimant is ineligible for any week in which he/she is engaged in self-employment. When a claimant is starting a new business, the claimant becomes self-employed with the first positive step toward starting the business. For example, the claimant would become self-employed when he/she began advertising for business, rented an office, purchased equipment/property, etc.
Self-Employment/Sideline Business
There is an exception in Section 402(h) for the operation of a sideline business. The Courts have provided a four-pronged test for eligibility for an individual engaged in a sideline business. An employe who has a proprietary interest in a sideline business may still receive benefits if it is proven that all four of the following conditions are met:
Concurrency - the self-employment activities must have been conducted while engaged in employment.
Primary Source of Income - the earnings from employment must exceed the net profit from the self-employment activities.
There cannot be a substantial increase in involvement in self-employment.
The claimant must be able and available for FULL TIME suitable work.
The burden of proof in a situation involving a sideline business rests with the claimant. The claimant must provide information and documents showing that the self-employment venture is a sideline business and that the claimant is separated from employment that constituted the individual's major source of income.
Corporate Officers
The UC Law was never intended to provide benefits to those individuals who become "unemployed" by reason of the failure of their own business ventures. An individual, who, through ownership of stock and his/her position in the corporation, exercises a "substantial degree of control" over its operation, must be considered a self-employed businessperson. The claimant must provide information showing that he/she is not a self-employed businessperson to be eligible. The only exception with respect to ineligibility of corporate officers is provided in Section 402.4 of the Law. If the corporation has been forced into involuntary bankruptcy under the provisions of Chapter 7, Title 11, of the United States Code, the officers of the corporation would not be ineligible for benefits.
Refusal of Suitable Work
Section 402(a) provides, in part, that an employe shall be ineligible for compensation for any week in which his/her unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him/her by the employment office or by any employer. The employer must notify the Department within 7 days of the offer of work.
Section 402(a.1) provides a claimant is ineligible for compensation for any week in which the unemployment is due to failure to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment.
The responsibility rests with the Department to determine whether the work that was offered was suitable. (see "Due to unsuitable work"). If the work is determined to be suitable, the claimant must show that he/she had good cause to refuse the referral or to refuse the offer or suitable work to be eligible.
Incarcerated Employes
Section 402.6 provides, in part, that an employe shall not be eligible for any weeks of unemployment during which the employe is incarcerated after a conviction. The party who carries the burden of proof is dependent on who alleges that the claimant is both convicted and incarcerated.
If an employer alleges that the claimant is convicted and incarcerated, the employer must show that the claimant meets both requirements for ineligibility under Section 402.6, in that he/she is both convicted and incarcerated.
Where the Bureau investigates potential ineligibility under Section 402.6 without information from an employer or claimant, the Bureau must show that the claimant is both convicted and incarcerated. If the claimant provides information, which indicates there is a potential issue under Section 402.6, the claimant must show that he/she is not both convicted and incarcerated.
Strike
You may be ineligible for benefits if you participate in a work stoppage that is determined by the Department to be a strike.
Social Security or Pensions
Pensions and retirement payments are deducted from UC if a base-year employer maintained or contributed to the pension plan and base-year employment affected the claimant's eligibility for, or increase the amount of, the pension. 50% of the pro-rated, weekly pension amount is deducted if the claimant contributed in any amount to the pension plan. If the pension is entirely employer funded, 100% of the pro-rated, weekly pension amount is deducted from UC.
Social Security and Railroad Retirement pensions are not deducted from UC benefit payments.
A lump-sum pension payment is not deducted from UC, unless the claimant had the option of taking a monthly pension. In addition, a lump-sum pension is not deductible if the claimant "rolls over" the lump-sum into an eligible retirement plan such as an Individual Retirement Account (IRA) within 60 days of receipt.
Predetermination of Claims
Please note that eligibility for unemployment compensation is not predetermined. Eligibility determinations only are made after an application for benefits has been filed, and are based on the individual circumstances of each case. If you have a question regarding your claim or the claim of a former employe, please contact a UC Service Center at 1-888-313-7284.
Understanding the Determination
If you have any questions or do not understand any part of a determination, please feel free to contact the UC Service Center to request an explanation of your determination. For example, if you do not understand the provision of the Law, or if there are findings of fact that you question, you may contact the UC Service Center for an explanation.
Appeal Rights
You may appeal if the determination denies benefits and you think you should be eligible for benefits, or the determination grants benefits and you think you should be eligible for more benefits.
Posted in Desperatenmd on Jan 2, 2009... modified on Jan 2, 2009
Dear Desperatenmd:
Maryland mimics Minnesota law, in which case contact an attorney if you need legal advice.
However, I am a paralegal who can help you with tenant rights.
Here, in Minnesota, the law states that the landlord can refuse your late rental payment and file for an eviction proceeding against you.
However, the caveat is that if your landlord agrees to accept any money in full or partial payment--this will negate the eviction proceeding as a renegotiated contract.
Read the following link--
Maryland law requires the landlord to first give the tenant one month's advance notice that he is ending the lease and the reason why.(If the breach of lease involves tenant behavior that constitutes a danger to other people or property, the landlord must only give 14 days advance notice.) If the tenant fails to move out, the landlord has to go to court to get an eviction judgment.
Eviction is a legal procedure. The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to district court to get a judgment against you. If a landlord moves your belongings out of the home, changes the locks, or cuts off utilities without a court order, you should call the police and an attorney or legal services organization.
A landlord cannot evict you simply because you have filed a complaint or a lawsuit against him or her or have joined a tenant's association. This is called a "retaliatory eviction," and you may be able to stop an eviction by showing the court that your landlord is evicting you solely for one of these reasons.
A landlord can evict you for:
Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed.
Holding over.' If you do not move out when your lease has ended, your landlord may evict you for "holding over." The landlord must prove that he or she gave you proper notice (at least one month's advance written notice) of the ending of your lease.
Breach of lease. A landlord may evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give you one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others'safety). The landlord will have to prove that you violated your lease and that the violation was a serious one.
In addition, the state's attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities.
If your landlord begins an eviction proceeding, you will receive an official summons to attend a hearing. The summons may be served on you in person, but most often it is mailed and/or posted on the rental property. Don't ignore it. Go to the hearing and be on time! If you don't show up the landlord will probably win.
The hearing gives you the chance to tell your side of the story. For example, you may be able to prove that you did pay the rent, or that you tried to pay the rent but the landlord wouldn't accept it, or that the landlord didn't give you a month's written notice that you had violated your lease and had to move out.
If the judge finds the landlord's case more convincing, he or she will rule in favor of the landlord. Within five working days, the landlord can file for a court order for the eviction, called a "warrant of restitution," and arrange for a sheriff to oversee the eviction.
You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.
On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility.
Help for Tenants Facing Eviction Baltimore Neighborhoods, Inc. offers information to tenants (and landlords) statewide about their rights and responsibilities in eviction: toll-free (800) 487-6007.
If an eviction would leave you homeless, you may be eligible for help from an eviction prevention program offered by a non-profit housing assistance group or your local government. One such program is offered by Baltimore City's Department of Social Services: (410) 878-8650.
ASSISTANCE WITH RENTAL PROBLEMS The Attorney General's Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord.
Downtown Baltimore Office 200 St. Paul Place, 16th Floor Baltimore, MD 21202-2021 Complaint Line: (410) 528-8662 or D.C. metro area: (301) 470-7534 9 a.m. to 3 p.m., M-F TDD for hearing impaired person: (410) 576-6372 Website: www.oag.state.md.us/consumer (consumers can download a consumer complaint form)
Branch Offices Cumberland Telephone Assistance (301) 722-2000 9 a.m. to 12 p.m., 3rd Tuesday of each month
Frederick Telephone Assistance (301) 694-1071 9 a.m. to 1 p.m., 2nd and 4th Thursday of each month
Western Maryland Branch Office 44 North Potomac Street, Suite 104 Hagerstown, MD 21740 (301) 791-4780 8:30 a.m. to 4:30 p.m., Mon-Fri.
Eastern Shore Branch Office 201 Baptist Street Salisbury, MD 21801 (410)713-3620 8:30 a.m. to 4:30 p.m., Mon-Fri.
Southern Maryland Branch Office 15045 Burnt Store Road Hughesville, MD 20637 Mailing address: P.O. Box 745 Hughesville, MD 20637 301-274-4620 or toll-free 1-866-366-8343 9:30 a.m. to 2:30 p.m.,Tuesdays
Although the Consumer Protection Division covers the entire state, some counties also have their own consumer protection offices that could help you with rental problems. Find out if your county has its own landlord-tenant laws that might offer you extra protection. These two counties have a consumer affairs division that can try to help you with your dispute:
Howard County Office of Consumer Affairs 6751 Columbia Gateway Drive Columbia, Maryland 21046 (410) 313-6420
Montgomery County Division of Consumer Affairs 100 Maryland Avenue, Suite 330 Rockville, Maryland 20850 (240) 777-3636
The Legal Aid Bureau The Legal Aid Bureau, Inc. is a private non-profit law firm that offers free legal services to people with limited incomes. If you require legal help to resolve a landlord-tenant dispute, and are financially eligible for the Bureau's services, you can go to one of the Legal Aid offices located throughout the state.
· Central Legal Aid 500 E. Lexington Street Baltimore, MD 21202 (410) 539-5340; (800) 999-8904 · Anne Arundel County Office 229 Hanover Street Annapolis, MD 21401 (410) 269-0846 Baltimore/ (410) 263-8330 Anne Arundel Co./ (202) 261-1956 D.C. Metro area · Baltimore County Office 29 West Susquehanna Avenue Suite 305 Towson, MD 21204 (410) 296-6705 · Cherry Hill Office 2490 Giles Road Baltimore, MD 21225 (410) 355-4223 · Harford/Cecil County Office 5 N. Main Street Suite 200 Bel Air, MD 21014 (410) 836-8202 Harford Co. (410) 879-3755 Baltimore Co. (800) 444-9529 · Howard County Office District Court, 2nd Floor 3451 Court House Drive Ellicott City, MD 21043 (410) 480-1057 · Lower Eastern Shore Office 111 High Street Salisbury, MD 21801 (410) 546-5511 · Metropolitan Maryland (Montgomery, Prince George's and Howard Counties) Office 6811 Kenilworth Avenue Calvert Building, Suite 500 Riverdale, MD 20737 (301) 927-6800 · Midwestern Maryland Office (Frederick, Washington and Carroll Counties) 203A Broadway Frederick, MD 21701 (301) 694-7414/(800)679-8813 · Montgomery County Office 14015 New Hampshire Avenue Silver Spring, MD 20904 (301) 879-8752 · Northeastern Maryland Office (Harford and Cecil Counties) 5 North Main Street, Suite 200 Bel Air, MD 21014 (410) 836-8282 Harford Co./(410) 879-3755 Baltimore · Southern Maryland Office Route #231, 15364 Prince Frederick Road, Hughesville, MD 20637 (301) 932-6661 Charles Co./ (301) 884-5935 St. Mary's Co./ (410) 535-3278 Calvert Co. · Upper Eastern Shore Office 210 Marlboro Road Easton MD 21601 (410) 763-9676 · Western Maryland Office 110 Greene Street Cumberland, MD 21502 (301) 777-7474 Allegany Co./ (301) 334-8832 Garrett Co.
Other Resources
You may also get help from these groups:
The Public Justice Center's Tenant Advocacy Project. Assists low-income tenants in Baltimore to improve substandard housing conditions and prevent unjust evictions. 500 E. Lexington St. Baltimore, Maryland 21202 (410) 625-9409
Baltimore Neighborhoods, Inc. A tenant rights organization. 2217 St. Paul Street Baltimore, MD 21218 (410) 243-6007
Local Code Enforcement Agencies (check your local directory)
Maryland law: Annotated Code of Maryland Real Property, Title 8: Landlord and Tenant
8-205 Requirement of landlord to give tenant receipt 8-203 Automatic renewal provisions 8-203.1 Security deposit receipt 8-204 Right of tenant to possession at beginning of lease 8-208.1 Retaliatory evictions 8-208.2 Retaliatory actions for informing landlord of lead poisoning hazards 8-211 Repair of dangerous defects; rent escrow 8-2121.1 Liability of military personnel receiving certain orders 8-213 Applications for leases; deposits 8-401-403 Eviction
Real Property, Title 8A: Mobile Home Parks
Environment 6-801-852 Lead paint hazards
Federal law Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992
My landlord has not repaired my dishwasher. Can I hold back part of my rent until he does? Not paying your full rent may put you at risk of being evicted. See section on rent escrow for situations that might qualify for rent escrow.
The landlord says I damaged the carpet, but the stains were there when I moved in. What can I do? If you noted the stains on a move-in inspection form that you submitted to the landlord, you have proof that you did not cause the stains. If you didn't note the stains as pre-existing, you have no proof and the landlord may have a right to hold back part of your security deposit.
Do I have a grace period for late rent payments? Your lease may give you a certain period of time (for example, five days) before a late fee is assessed. However, a landlord may legally begin eviction proceedings as soon as your rent is late.
I consider myself to be strong coming from an alcoholic father, but one of my oldest friend's is such an annoying bastard when he drinks.
I was close to fantasize about dumping him into a hole near the bluffs to get rid of him but in my heart he is a chronic alcoholic who needs help.
Does anyone know of the best way to tell someone that he needs help and will use the advice?
I am probably the lAST true friend he has left in this world even though I had the police remove him from my house on New Years Eve although he was thrown out of another residence.
All judgments are recorded in the County where the account is held, so go to your civil courts division in your county to get a copy of your records. There is a fee for a certified copy.
In addition, contact your State Attorney General for help to resolve your matter because he/she is in charge of overseeing all attorneys working within your State. You will get legal answers from them. In most States, the attorney can file a judgment lien for attorneys fees and outstanding charges if you signed a written contract to employ them.
Moreover, if you do not get anywhere try to contact and file a complaint with the Better Business Bureau, The Federal Trade Commission, and the Better Business Bureau. You can use the following shortcut for this link I have posted at my Aidpage.
I can help you solve this mess after Christmas, but know this that I am not a licensed attorney and I cannot give legal advice.
I can only help you learn about the law, in which case you do understand that joint bank accounts and all of your assets tied into your male friend can be seized and put liens upon them for judgments.
Go to legal aid in your community for help and ask them to explain your situation to you.
I'm sorry to hear that you think that police do not care about at-risk youth who need help avoid abuses or the lack of parental or community involvement. I would argue that many law enforcement and judicial officers do indeed care about our children because they are our future.
Take a look and read some of the posts I have on Aidpage and I want you to come away with the effort that you armed yourself with the knowledge that you, the parent, must be the first to make the change in your perceptions.
True, many police officers might hold grudges with certain bad apples out ther in society, but they are truely overwhelmed from the lack of resources, access to programs, and intervention by the parents and society to intervene.
What I say is--It takes a whole village to raise a child. So, if you can start with your child first and work down the line with his or her frieds is the best start. Just remember that you cannot always tell if you made a difference in someone else's life.
There is an old saying that might fit for alot of folks here which holds true-- The lack of planning on your part does not constitute an emergency on my part.
I live this home more than 10 yrs with my aunt wife and baby My aunt was there since 1985 This land and house belongs to my aunt husband and his brothers and sisters Unfortunately my uncle died 15 yrs... see full post
Here since: Aug 29, 2010
Male, 55
Social worker
Kibaya, Manyara
Languages: English
For 4 years now i have been working with a local ngo SWEAT in Kiteto district in Tanzania. We have been struggling to fundraise for our planned activities and we only manager to get $50000 for develop... see full post
Many ex-offenders, or ex-felons suffer from collateral damages that keep them from finding a job, housing, and voting long after they paid their debt to society.
According to the EEOC definitions, a q... see full post
Here since: Aug 26, 2008
Female, 26
Korovino, 8/3, 60
Moscow, Moscow
Languages: english, turkish, arabic, russian, uzbek
Hi, My name is Sanjar. I am 23 years old. I was born in Tajikistan, after a war in Tajikistan started on I immigrated to Uzbekistan. I lived in Uzbekistan, studied there, but Uzbek Government didn'nt ... see full post
Note: This aidpage was started as a comment on "Non profit start-up"What if I told you, you could own your own business for $39.95 a month? Work around your family's schedule. Work from home for your... see full post
Note: This aidpage was started as a comment on "Non profit start-up"I sing Southern Gospel Music, This Music is going to die without our help,I want to tavel to churches,and communitys full time to si... see full post
It was a cold Sunday morning in St. Paul back in February of 2005 when I awoke to the pounding on my doors and windows from every side of the duplex. I went to look at my security monitor while m...
I worked for the Adult Entertainment business in Minneapolis for different independent business owners. In my job, I faced people in wild situations of drug and alcohol abuse, gangs, prostitution, the...
In the world we live in I represent the disadvantaged in the land of milk and honey you would believe that 3/4 of the population does not understand basic rights and diseases that affect the environm... see full post
Here since: Apr 24, 2006
Female, 2012
Independent Filmmaker
CounterCulture/Tidal Culture
US
Independent Producer/Director/Screenwriter
CounterCulture is a Romani (Gypsy) owned production company dedicated to filmmaking that pushes boundries, challenges conceptions and re-examines social/pol... see full post
If you are like me and wondering why Americans are worrying about other nation's human rights when we are experiencing the same fate as undeveloped countries. Whether your opinions or allegence are po...
This is my Extra Credit for Soc. 1154-91 in 2005.
This is a typical overview of our Juvenile Justice System (JJS) and the immediate need for society to take the initiative to share our values to our ...
I would like to start a nonprofit to benefit the disadvantage and at risk youth
and adults.To educate people regarding ways that they can become
productive individuals in the community,... see full post
