Legal Question in Real Estate Law in Maryland

Lease

My husband recently got laid off and our lease is over at the end of this month. We told our landlords that we are moving out at the end of this month, but they told us that we should have given them a 60 day notice and that we will still have to pay the month of march. Is there a way we could get out of this?


Asked on 2/05/09, 11:38 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Lease

The terms of your lease will govern your obligation to pay beyond the initial lease termination date. If there is no specific provision requiring you to give notice of your intention to "hold over"--that is, stay beyond the initial lease period (presumably a year), you do not have to pay past February. However, if the lease contains a notice provision which says that it automatically continues on a month to month basis if you don't give 60 days' notice of your intention to move out at the end of the lease, then you would incur that obligation. So read over your lease to see what it says. Also, even if you do have an obligation to pay for March, the landlords have a duty to try and find a new tenant, and if they do find someone to move in next month, they can't collect from you as well, at least not the full amount.

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Answered on 2/05/09, 12:12 pm


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