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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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My grandaughter is in a townhouse in Maryland. ( County).

Customer Question

My grandaughter is in a townhouse in Maryland. (Washington County). She just recently lost her job and now her boyfriend died in a crash. These are young professional who have lived there three years and jointly renewed lease in July. She cannot no longer afford the rent? Management will not let her out of lease. She is current at the moment. However, there is no life insurance or other resource and she wishes to leave the state. Is it better to move out and risk a civil suit than be evicted. Management seem to suggest she do this. I am hoping they could rent the townhouse and would not pursue the civil suit or a judge would be compassionate in assessing award. Is this the better thing to do? She has good credit and hates to see it damaged.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  J. Warren replied 2 years ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
My condolences on to your granddaughter. The landlord does have a duty to mitigate damages. Meaning, if a lease is broken, the landlord can not just sit by and let the lease term expire, they must make attempts to lease the premises. If the premises rents quickly the less amount of potential damages your granddaughter will face. Often a landlord will take a penalty for early termination but it sounds like the property manager is not willing to do this, which is sad in this circumstance.
Unfortunately, your granddaughter does not have a lot of options at this point if the property manager/landlord is not willing to show some compassion. But if she vacates the premises, the landlord must in good faith attempt to fill the vacant premises and minimize the amount of rent they can sue for or try to collect for.
An option would be to try and get the property manager to agree to a sublease if you can find a substitute tenant.
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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