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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37392
Experience:  16 years real estate, Realtor. Landlord 26 years
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We have rented thisapt.on the third floorfor a year and a

Customer Question

hello my name is ***** ***** have rented thisapt.on the third floorfor a year and a halfnow. we have just renewed the lease in july my problem is thistwo of these tennets on the fourth ihave repleatly entered our while we gone took care. they have 5 galoon buckets of urine out of their window whioch came gushing into ours sprayed bug poison into windows theirs but for short told the since we been living here had md police here, but to know avail. we wrote an affidavit which we have of the nothing was done they will release from lease so we can move.my brother has to go to urgent because had a asthma attack and had to stay on steroids 2 weeks what are our options so we don't have to pay the remainder of the lease. thank you.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: baltimore ,md
JA: Has any paperwork been filed?
Customer: not as of yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: these people have gone mgrs 3 4 times since been and most of the tennets are related that explains why the won"t let us move
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the landlord doing this or is it another tenant in the building?

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Did you call the police and file a formal complaint with them?

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What is the landlord doing that is causing a problem?

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thanks

Barrister

Customer: replied 7 months ago.
1st yes it a tennet that lives above, to yes anofficer came to my apartment and heard and then went upstairs anknock on his door and then left. whethera iincident report was file i do not know , there is areport at 911 that i called for an officer to 3-B, nothing
Expert:  Barrister replied 7 months ago.

Ok, I hate to tell you this, but if this is another tenant doing this, then that would be a criminal matter between you and the other tenant. The landlord doesn't have a legal duty to make sure all tenants get along. They just have a duty to provide a dwelling that meets all local building code laws., but that is about it.

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So I don't see legal grounds for you to break your lease based on what another tenant is doing..

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If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If are having problems with another tenant, it would not give you legal grounds to get out of the lease without any repercussions.

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However, if you feel you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

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So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister