Legal Question in Real Estate Law in Maryland

If someone by email states that they are breaking the lease and wants you to move that day or next day. Then you move out before the next month of rent is due then they state they are filing an eviction. Could this be a real eviction on your record?


Asked on 2/13/13, 6:01 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

I don't understand why your landlord would be filing an eviction action if you have already vacated the premises. Perhaps they are suing you for unpaid rent or damages that exceed any security deposit. If you were on a month to month rental after the first lease period expired, the landlord had to give you 30 days notice to terminate the lease, assuming your rent payments were current. Likewise, if you wanted to move out you would have to give similar notice; for example, if you decided today you wanted to move out and your rent is due on the 1st, you would be responsible for March if you gave notice to the landlord before the end of February, and your lease would end at the end of March. If they asked you to leave before the end of the month for which you had already paid rent, and you agreed to waive the 30 day notice requirement and complied with their request, you wouldn't be responsible for any additional rent. If based on this information you don't think you are in violation of the lease, you should show up in court if you are served with court papers and tell your story to the judge.

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Answered on 2/14/13, 6:50 am


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