Can a landlord enter an occupied residene if the lease is expired and there is an eviction set to occur?
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Can a landlord enter an occupied residene if the lease is expired and there is an eviction set to occur?
I have rented this town home for 11 years and fell upon some hard times. My lease was not renewed because my landlord could not contact me about paying my rent several times. I’m only 1 month behind and now i no longer have a lease and have to be out by tomorrow. I have constantly been looking for new residency but have had terrible luck. I asked for an extension for 30 days and they refused my request. I now face homelessness and I was wondering can my landlord remove my property from the home or change the locks?
Asked on July 5, 2012 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, your landlord may not him- or herself remove your belongings or change your locks. You may only be evicted by a court officer (e.g. a constable or sheriff's deputy) after a successful court action by the landlord. If your lease is up, the landlord may institute such an action, but you cannot be evicted until the landlord wins the suit, getting a judgment of possession, which will be enforced by court officers.
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