How Does a Landlord Support an Eviction Case on a Verbal Lease Agreement in Maryland?

Maryland eviction cases can be tricky for verbal agreements.

A verbal rental agreement can be one of the most difficult situations to deal with in an eviction case. Maryland's landlord and tenant laws, along with real property laws, dictate the rules and regulations during an eviction case. There are a few different situations that a Maryland landlord may have to handle in a verbal lease eviction, and knowing what to do in each makes the difference between a successful eviction case and a dismissal.

Real Property Law

Maryland considers verbal lease agreements to be legally binding under Real Property Article 5--101. The landlord and tenant relationship can be expressly agreed to in an oral agreement, or it can be implied. Since there is no written agreement, the rules and regulations binding the landlord and tenant come from the landlord and tenant laws in Maryland's civil code.

Proving a Lease

The one thing that is not complicated in this type of eviction case is proving that there is an oral lease in place. The simple fact that the tenant is residing in the property and receiving mail there is enough to establish an implied tenancy. Proving oral lease covenants is the difficult part. Most standard rules and regulations contained in a typical lease agreement are established in the landlord and tenant laws, but certain lease covenants might not be. If the eviction is based on a violation of one of these verbal lease rules, the evidence must be very strong to support your claim.

Valid Lease Termination

The first step in an eviction in Maryland is a lease termination. Oral agreements without a specified lease term are considered month-to-month tenancies in Maryland, so you have the option of terminating the tenancy with one month's notice. The only other reasons to terminate a lease is non-payment of rent, holding over, and lease violations. Holding over is when a tenant receives a termination notice ending a month-to-month tenancy. If the tenant does not leave after the tenancy is terminated, he is considered a holdover tenant.

Eviction Cause Evidence

The cause of eviction determines the type of evidence you'll need to support your eviction case. Nonpayment of rent evidence consists of the written notice of termination, the filed complaint of eviction, proof of service and any rental invoices to establish the amount of unpaid rent, and the amount of monthly rent.

Lease violations might require other tenants to act as witnesses, confirming that the oral lease terms do exist. Other options include providing proof of warning a tenant about repeated violations or using a specific section of Maryland's landlord and tenant law to support your case.

Holdover tenancies are not difficult to prove either. A copy of the written notice of termination along with the court filed documents establishes when the tenancy officially ends, even though it was an oral agreement.

Physical Eviction

Even after the eviction judgement is granted against the tenant, you cannot physically evict the tenant from your rental property. Maryland law gives the tenants five days to leave the premises. After that period, if the tenants remain in the rental unit you can file for a warrant of restitution. The warrant is served by a sheriff, and he removes the tenants and all tenant property out of the rental unit.

References

• People's Law: Holding Over
• People's Law: Lease Can Be Oral or Written
• Maryland Attorney General: Landlord and Tenant