Expert: Lisa Webber - 2/1/2010

Question
can a landlord demand you pay rent on the 1st, then give you 3 days to get out if you cannot pay on 1st. we dont get paid on the same day every month so it makes that a little difficult for my wife and i to do. is there anything we can do?

Answer
I'm not sure how your lease reads.  The "standard" Maryland lease that we use is basically a fill-in-the-blank contract and it states that the rent is due on the 1st of the month and you are to pay a late fee if the payment isn't made by the 5th of the month.  The landlord has to follow the rules of the state; they can't just demand that you leave in 3 days.  In Maryland for example, the landlord has to go to the court and file papers to ask for an eviction, which he can do after they have not received the payment by the due date.  However, as soon as you pay the rent, the eviction will not proceed. Here is a link to a good website with information about evictions in Maryland:  

http://www.rentlaw.com/eviction/mdeviction.htm

If your lease is up or you have only a verbal agreement, then you are considered on a month-to-month tenancy and the landlord can ask you to move out at any time with a 30 day notice to you.

Make sure to keep written proof of all of your payments because it sounds like this guy may cause you some trouble.  Any time a person behaves that unreasonably should be a red flag to you.  Most landlords are reasonable and if I were in your position dealing with someone like that, I would make arrangements to move as soon as the lease is up.

Don't let this guy bully you, tenants do have rights!