If I don’t have a signed lease or security deposit can I evict a tenant

Asked on June 11, 2009 under Real Estate Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The tenancy is called a Month to Month tenancy.  It is a tenancy created under the law when no lease is present.  You need to serve your tenant with a 30 day notice.  This can be tricky.  If you can not hire a lawyer that is familiar with this field - recommended - then go down and speak with the clerks in your local Landlord Tenant Court.  They are very helpful and may even have printed information for you to read on the process.   As for the security deposit, without one you will have to sue the tenant for damage to the apartment (if any) after they vacate.  Take pictures.  Get estimates for repair. 

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