Legal Question in Disability Law in Maryland

Our year lease was up in Sept.1, 2010... Before our lease was up our lanlord sent us a letter stating she wanted to increase our late fee.I did not agree nor did I sign. I told the landlord over the phone, "If she wanted to make any changes, she can put them in our new lease and I wasen't agreeing to the late fee.

After Sept. 2010, the landlord verbally told me we were gonna switch to mnth-to-mnth. We spoke nomore about the late fee increase. My rent hasn't been late any since our last lease was up. I'm late this month and she wants me to pay $20 a day instead of $10 a day late fee. But I never agreed to that and we haven't had NO LEASE AGREEMENT (written or verbally) since the last lease exspired in Sept. 2010... Am I held to the late fee increase?


Asked on 12/07/10, 8:10 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The answer depends on a variety of factors. What does your original lease say about "holding over" or "month-to-month" tenancy? If it says any month-to-month tenancy will continue upon the same terms and conditions as the original lease, then the landlord likely cannot charge you the increased late fee. If it doesn't say that, then the landlord can likely charge you whatever she wants. More importantly, since you are on a month-to-month lease, the landlord can kick you out upon either one month or two months notice (depending on where you live in Maryland) for no reason at all.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/13/10, 6:02 am


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