What is constructive eviction? An actual eviction occurs when a commercial landlord brings legal action seeking possession of leased premises from a commercial tenant, is awarded possession in Court, schedules an eviction of the tenant with the sheriff’s office, and the eviction is carried out by the sheriff. A constructive eviction occurs when a commercial landlord does not physically or legally evict a commercial tenant, but rather acts, or fails to act, in a manner that interferes with a tenant’s use and enjoyment of the leased premises significantly enough to constitute an eviction in fact ..read more

What is the Renters’ Rights and Stabilization Act of 2024? House Bill 693 made several substantial changes to existing Maryland landlord-tenant law: Nonpayment of Rent Complaints The cost for a landlord to file a Failure to Pay Rent Complaint has increased from $8 to $43 per case (plus an additional $10 in Baltimore City), along with the cost of service. A landlord is not permitted to recover this cost from a tenant unless a court enters a judgment for possession in the landlord’s favor and the lease agreement provides that a surcharge may be assessed against the tenant. Any deduction for this ..read more

On April 15, 2024, Judge Richard Bennett of the United States District Court for the District of Maryland permanently enjoined the University of Maryland from suspending or preventing the graduation of Silverman Thompson client John Doe, a second-semester senior at College Park. Doe was the subject of a formal complaint of sexual assault filed a year after he attended a fraternity party with a student from another university.  The State’s Attorney choose not to proceed with criminal charges against him, but the University proceeded with its internal disciplinary process against Doe a ..read more

You’ve just lost your case in a Maryland trial court and want to appeal – how do you do it?  For the purpose of this article, we’ll assume your case is in a Maryland circuit court (different rules may apply if you’re in the district court).  We’ll also assume your case allows a direct appeal; most, but not all, cases are of this type. We’ll further assume you want to exercise your right of appeal to Maryland’s intermediate appellate court, called the Appellate Court of Maryland. In very limited cases, there may be a right of direct appeal to the Supreme Court of Maryland.  A lit ..read more

What is the Corporate Transparency Act? In 2021, Congress passed the Corporate Transparency Act (CTA) as part of the sprawling National Defense Authorization Act.[1] The law, which took effect January 1, 2024, “packs a significant regulatory punch, requiring most entities incorporated under State law to disclose personal stakeholder information to the Treasury Department’s criminal enforcement arm.”[2]  Entities covered by the law include, with some exceptions, corporations, limited liability companies, and similar entities created in the United States by filing documentation with the sec ..read more

How can you register a rental property in Baltimore City? Effective January 1, 2019, all non-owner-occupied dwelling units, regardless of whether it is a single-family or multi-family dwelling, must be licensed and registered in Baltimore City. What are the steps to receive a rental license from the Department of Housing and Community Development (DHCD)? The Property must be registered with DHCD ..read more

How do you remove a squatter in Maryland? When an empty residential unit or vacant buildings become occupied by a person other than an authorized tenant, they are often referred to as a squatter. Squatter law in Maryland does not allow you to remove the unauthorized person without utilizing the legal process. What is a squatter?  A squatter is person who has taken physical possession of real property that they do not own, and who has not signed a lease or paid rent for the property. If a person refuses to leave the request of the property owner, they are considered a squatter and may be r ..read more

When are emotional support and/or service animals allowed in rental housing in Maryland?  Under Maryland law, landlords are required to allow tenants with disabilities to keep emotional support and/or service dog in the rental unit, with very limited exceptions.  Landlords may be able to inquire and request that documentation be provided by a tenant regarding the need for the requested reasonable accommodation for an emotional support and/or service animal, prior to granting such request.      What is a service animal?  ..read more

Silverman Thompson recently represented a contractor who was hired to renovate a large residential property in Baltimore County. The plaintiff, a subcontractor, filed a lawsuit against the client’s company and the client, individually, alleging that the company and the client individually breached a contract and that our client violated the Maryland Construction Trust Act and the Maryland Prompt Pay Act.   Silverman Thompson moved to dismiss or in the alternative for summary judgment on all claims.   Based on the evidence and legal arguments presented in our brief, the Plaintiff volu ..read more

How do you remove a squatter in Maryland? When an empty residential unit or vacant buildings become occupied by a person other than an authorized tenant, they are often referred to as a squatter. Squatter law in Maryland does not allow you to remove the unauthorized person without utilizing the legal process. What is a squatter?  A squatter is person who has taken physical possession of real property that they do not own, and who has not signed a lease or paid rent for the property. If a person refuses to leave the request of the property owner, they are considered a squatter and may be r ..read more