Santoni, Vocci & Ortega, LLCSantoni, Vocci & Ortega, LLC2024-03-05T15:32:36Zhttps://www.svolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501405/2020/10/cropped-favicon-32x32.jpgOn Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477482024-02-28T01:46:59Z2024-03-05T01:45:50ZThere are valid reasons
Landlords in Maryland can withhold a tenant's security deposit for certain reasons, such as unpaid rent, damage to the rental property or failure to return keys. If they want to withhold all or part of a security deposit, they must provide the tenant with a written notice relating to the amount of the deposit withheld. They must send this notice to the tenant's last known address within 45 days of the end of the tenancy along with an itemized list detailing the nature of any damage and the estimated cost of repairs.
There are invalid reasons
The landlord cannot keep the security deposit for no reason. He or she also cannot keep it for normal wear and tear. Tenants have a right to be present when the landlord inspects their property for damage. If a landlord has no legal right to withhold any part of a security deposit, he or she must return the full amount to the tenant within 45 days of the tenancy's end and provide a receipt.
In Maryland, landlords can legally keep tenants' security deposits under certain conditions. However, landlords must follow strict rules and regulations. Tenants who believe their landlord wrongfully withheld their security deposit have the right to take legal action to seek its return.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477472024-02-21T15:31:11Z2024-02-21T15:31:11ZWhat constitutes a breach of peace?
A breach of peace can take many forms. It could involve the lender forcibly taking a car from a locked garage or using physical force against the borrower. It could also involve threats or abusive language directed at the borrower during the repossession process.
What are the consequences of a breach of peace repossession?
If the circumstances of a repossession are a breach of peace, the borrower may have legal recourse against the lender. The borrower may receive damages, and the repossession may be invalid. In some cases, the borrower may be able to recover the vehicle or prevent its sale.
How can I prove that a breach of peace occurred?
Proving that a car repossession was a breach of peace can be challenging because it depends on the specific circumstances of the incident. However, you can take the following steps to gather evidence and support your case:
Witness statements: If neighbors or bystanders saw the repossession, they can attest to any use of force or intimidation by the agent
Video evidence: Footage from security cameras, doorbell cameras or bystanders' cell phones can be compelling proof
Photos: Take photos of any damage to your property or any signs of forced entry or intimidation
Police reports: If the police were on the scene during the repossession, obtain a copy of their report
Correspondence: Keep all documentation related to the repossession, including notices from the lender and records of payments
Proving that a repossession was a breach of peace can be complex, but with the right evidence and knowledge of the law, you may be able to establish that a creditor violated your rights during the repossession process.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477462024-02-08T18:49:10Z2024-02-08T18:49:10ZWhat is the statute of limitations?
Several laws, including the Fair Debt Collection Practices Act, govern debt collection practices, including the statute of limitations. This is a time frame within which creditors can legally pursue the collection of a debt. Once this period expires, they lose their right to take legal action against you. Statutes of limitation vary depending on the type of debt.
What are the time limits of different debts?
Different types of debts have different statutes of limitations. For example, credit card debts, medical bills and personal loans typically have shorter statutes, ranging from three to six years. Debts like federal student loans may not have a statute of limitations at all.
How can you reset the clock?
Certain actions can reset the clock on the statute of limitations. Making a partial payment or acknowledging the debt, even verbally, can restart the time frame. Therefore, tread carefully when dealing with outstanding debts.
What happens when the statute of limitations expires?
Once the statute of limitations on a debt has expired, creditors can no longer take legal action to force you to pay. However, while they may not be able to sue you, they can still attempt to collect the debt through other means, such as contacting you or reporting it to credit bureaus.
To protect yourself, be aware of the statute of limitations on your debts. Keep track of when the clock started ticking, and if you believe a debt is past its statute of limitations, you have the right to inform the creditor that the debt is time-barred.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477362024-01-31T20:20:41Z2024-02-05T20:20:33ZProtecting your rights
One of the primary reasons landlord disclosures are important is that they help protect your rights as a tenant. By law, landlords must disclose certain information about the property, such as any known defects or hazards. This ensures that you are aware of any potential issues before moving in and can make informed decisions about whether or not to proceed with the lease.
Understanding your responsibilities
Landlord disclosures also help you understand your responsibilities as a tenant. For example, if the property is in a flood zone or earthquake-prone area, the landlord may need to disclose this information. This allows you to take the right precautions and get appropriate insurance coverage to protect yourself and your belongings.
Avoiding surprises
Nobody likes surprises, especially when it comes to their living situation. Landlord disclosures help minimize the risk of unexpected problems cropping up down the line.
By providing you with important information upfront, landlords can prevent misunderstandings and disputes that may arise later on. This not only benefits you but also helps maintain a positive landlord-tenant relationship.
Making informed decisions
Landlord disclosures empower you to make informed decisions about where you live. By knowing the full scope of what you are getting into, you can weigh the pros and cons of a rental property and decide whether it is the right fit for you. Whether it is a noisy neighbor next door or a history of plumbing issues, having all the facts upfront allows you to choose wisely.
While landlord disclosures may seem like just another piece of paperwork, they play a huge role as a safeguard for both parties involved in the rental agreement. Be sure to pay attention to those disclosures next time you look for a place to live since they could make all the difference.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477352024-01-18T21:02:31Z2024-01-22T21:02:25ZRelentless communication
Debt collectors often bombard individuals with calls and letters. The constant reminders of outstanding debts can lead to heightened stress and anxiety. The persistent nature of these communications adds to the emotional toll, creating an ongoing source of pressure.
Harassment tactics
Some debt collectors resort to harassment tactics, employing aggressive language and intimidation. This can induce emotional distress, causing feelings of helplessness and frustration. The relentless pursuit of payment through coercive methods can take a toll on mental well-being and affect emotional stability.
Strained relationships
The strain caused by debt collection issues can extend to personal relationships. Financial difficulties often spill into family dynamics, causing tension and strain. The emotional toll of managing debt can affect one's ability to engage fully in personal and social spheres, leading to a sense of isolation.
Employment challenges
Debt-related stress may spill over into the professional realm, impacting work performance and job stability. Employers may learn of debt collection activities, leading to potential professional consequences.
Legal consequences
Debt collectors may escalate their efforts, resorting to legal actions to recover outstanding amounts. This can result in court judgments, wage garnishments or liens on property. Legal consequences add financial burdens and contribute to the stress and uncertainty faced by individuals dealing with debt collection challenges.
Dealing with debt collectors
The Maryland Consumer Debt Collection Act outlines consumer rights. Consumers have the right to fair treatment without harassment. Debt collectors must provide clear and accurate information about the debt, and consumers can dispute the debt if they believe there are inaccuracies.
Consumers can request that debt collectors stop all communications or limit contact to specific methods. Understanding these rights empowers consumers to assert themselves in debt-collection situations.
Seeking guidance and exploring debt repayment options can help reduce the emotional toll and lessen the impact of adverse consequences.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477342024-01-05T21:41:47Z2024-01-08T21:40:00ZFrequent unresolved mechanical problems
Your car may have recurrent mechanical problems that persist despite several repair attempts. Consistent issues with essential components like the engine, transmission or braking system can indicate a more significant problem.
If your new car requires more than one repair within the warranty period, it raises concerns about its overall reliability. A pattern of recurring issues despite repair attempts may suggest a lemon.
Extended repair duration
A long time for repairs can reflect persistent problems with the vehicle. If the car spends weeks in the repair shop, issues may be more complex than initially apparent. If mechanics struggle to find or fix the issues with your new car, it suggests a more elusive and challenging problem.
Safety-related problems
If your new car experiences issues that compromise safety features like airbags, brakes or electronic stability control, it may qualify as a lemon. These problems pose significant potential risks to the driver and passengers.
Manufacturer recalls
If your new car is subject to multiple manufacturer recalls, it may indicate design or manufacturing flaws. Repeated recalls can be a red flag that the vehicle has inherent problems affecting its safety or performance.
If you think you have a lemon, opinions from independent mechanics or automotive experts can provide valuable insights. Their professional assessments can help you seek resolution with the manufacturer or dealership. You can file a claim under Maryland's Lemon Law if you have driven the vehicle less than 18,000 miles and it is less than 24 months old.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477332023-12-23T16:49:09Z2023-12-23T16:49:09ZPoor maintenance and repairs
One of the most obvious signs of a slumlord is the neglect of property maintenance and repairs. If your landlord consistently ignores repair requests or the property is in a state of disrepair, it is a clear red flag.
Lack of communication
A landlord who is difficult to reach or unresponsive to communication can be a problem. A good landlord should be accessible and willing to address concerns or emergencies.
Unsanitary conditions
Slumlords often fail to keep properties clean and sanitary. Look out for issues like pest infestations, garbage accumulation or unsafe common areas.
Unsafe living conditions
Safety hazards like faulty wiring, broken smoke detectors or unsafe heating systems are serious concerns. A responsible landlord should address these issues promptly.
Overcrowding
Renting out properties to more tenants than legally allowed can lead to overcrowding. This not only violates housing codes but also creates uncomfortable living conditions. State law says that for the first person, there must be 150 square feet of space available, and 100 sq ft for each additional person.
Illegal lease terms or lack of a lease
Be wary of landlords who do not provide a lease or include illegal terms in the lease agreement. A lease should protect both the landlord and tenant and comply with Maryland rental laws.
Recognizing these issues early can help you take action, whether it is seeking a resolution or finding a new place to live. Remember, as a tenant, you have rights, and living in a safe and well-maintained property is one of them. Being aware of the signs of a slumlord is the first step in ensuring your rental experience is a positive one.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477322023-12-13T01:57:51Z2023-12-13T01:57:51ZMyth 1. Debt collectors can arrest you
Contrary to popular belief, debt collectors do not have the authority to arrest anyone. Debt alone is not a criminal offense. Debt collection remains a civil matter, and individuals cannot face jail just for owing money.
Myth 2. Debt collectors can seize property without notice
While debt collectors are likely to seek repayment, they cannot arbitrarily claim your property. The law requires a formal process, such as obtaining a court judgment, before any such action becomes permissible. Debt collectors cannot just show up unannounced and take possession of your belongings.
Myth 3. Ignoring debt collectors will make them go away
Some believe that avoiding debt collectors long enough will make them give up. On the contrary, this approach can lead to worrying consequences. Pretending debt collectors are not hounding you does not make the debt disappear. In truth, it may result in legal action or damage to your credit score.
Myth 4. Debt collectors can add interest and fees arbitrarily
Debt collectors must adhere to specific regulations regarding fees and interest. They cannot add to the original debt without a legal basis. Abusing regulatory rules can result in massive consumer refunds, including an eye-popping $4.86 million in 2021. Understanding the terms of your original agreement and all applicable laws can help you assess the legitimacy of any unexpected charges.
By comprehending the true nature of debt collection, handling your financial situation should feel less frightening. With a full grasp of your rights and responsibilities, you can navigate the process and work towards a comfortable solution.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477312023-12-12T17:57:05Z2023-12-12T17:57:05ZLease duration and terms
Begin by examining the lease duration and terms. Some leases may be month-to-month, while others require a fixed-term commitment. Consider your personal preferences and future plans to align with the lease duration that suits you best. Be sure to also carefully scrutinize the terms related to rent increases and renewal options to ensure predictability in your housing costs.
Clear rent payment details
Confirm the monthly rent amount, due date and acceptable payment methods. Be aware of any late fees and grace periods. Understanding these aspects ensures a smooth and stress-free rent payment process.
Maintenance and repairs
A well-crafted lease agreement outlines responsibilities for maintenance and repairs. Check whether the landlord is responsible for addressing structural issues and major repairs. Conversely, understand your responsibilities for minor repairs and upkeep. This clarity ensures a fair distribution of responsibilities, preventing disputes over maintenance concerns.
Notice periods for moving out
Before signing a lease, carefully review the notice periods required for moving out. Whether you plan to renew or relocate, knowing how much advance notice is necessary helps you plan your next steps smoothly.
The Maryland Affordable Housing Coalition reports that renters occupy around 1 in 3 homes in Maryland. With renting being such a common practice, it is important for renters to make sure they are not signing agreements that go against their own best interests.]]>On Behalf of Santoni, Vocci & Ortega, LLChttps://www.svolaw.com/?p=477302023-11-28T20:35:44Z2023-11-28T20:35:44ZFalse advertising
This category involves the dissemination of misleading information about a product or service. Examples include exaggerated claims about product benefits, false testimonials and deceptive pricing strategies. Consumers may end up with products or services that do not live up to the promises made in advertisements.
Deceptive offers
The bait-and-switch tactic involves enticing consumers with an attractive offer. Then, the business substitutes it with a less desirable alternative.
For example, a retailer may advertise a product at an exceptionally low price to attract customers. When you arrive, someone tells you it is no longer available. Instead, they try to sell you a more costly alternative.
Hidden fees
Some businesses conceal extra charges, leaving consumers surprised by unexpected costs. You may notice undisclosed service fees, hidden shipping charges or unanticipated subscription renewals. These practices undermine transparency and can strain consumers' budgets.
Pyramid schemes
This form of fraud promises financial gain based on recruiting others into the scheme. Participants invest money upfront expecting to earn profit.
However, pyramid schemes are inherently unsustainable. They lead to financial losses for most participants and legal repercussions for the organizers.
Counterfeit products
The manufacture and sale of counterfeit products undermine consumer trust and pose significant risks. From fake designer goods to counterfeit medications, consumers can unknowingly purchase substandard or dangerous items. This can lead to financial losses and potential health hazards.
Americans lost $8.8 billion to consumer fraud in 2022 alone, a 30% increase over the previous year. If you encounter these actions, report the company to the appropriate authorities.]]>