Legal Question in Real Estate Law in Maryland

Breach of lease

Our tenant skipped out around 3/10/00 on the lease that did not end until 1/9/2001. To date we have still not re-rented the property. We filed a complaint in small claims court for 3/2000 and 4/2000 rent along with the damages due. Now, these past tenants owe us 5/2000 and probably 6/2000 rent also. We fully expected to have it rented by 5/1/2000 so we filed the complaint in April. What should we do? I have read that I can not sue for 5/2000 and 6/2000 later. Please help.


Asked on 5/24/00, 3:21 pm

1 Answer from Attorneys

Sloane Franklin The Law Offices of Sloane R. Franklin, LLC

Re: Breach of lease

You failed to state whether it is a residential lease or a

commercial lease. Either requires you to mitigate the damages

by attempting to rent it as soon as possible. It is good that you

are doing such. You can sue for past due and future amounts unless there

is something that limits your remedies. However, you would have to

sue as a breach of contract. If not sure of the process or whether there is a limitation

of remedies, it would be advisable to seek an attorney.

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Answered on 7/05/00, 8:34 am


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