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This answer was rated:

Seeking advice on my options other than what the landlord is

offering. One year lease...
Seeking advice on my options other than what the landlord is offering. One year lease up Nov 30. Original contract required 3 months advance notice. Since I was planning on renewing, I did not contact landlord. However, one month later, for health reasons and the possibility of major surgery, it is better for me to be near my family. Upon this decision I notified landlord why I am vacating and why my notice was one month late. However, the landlord is holding me responsible to either pay two months rent or find someone to replace me. The deadlines in their letter I received today have already passed. If I do neither. they will be holding me responsible for any losses they incur in renting the apartment.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Maryland
JA: Has any paperwork been filed?
Customer: Legal paperwork? No. Just my notice of vacating property at my end of current lease and their notice to me that they have automatically extended the lease for an additional year.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This should do it.
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Answered in 5 minutes by:
10/20/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,714
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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 type out an answer or reply.

.

Basically your other option is to simply move out at the end of the lease and trigger the landlord's legal duty to mitigate his damages. This means that he has to advertise and try to find a new tenant for the property. When he does, he can only hold you liable for any actual lost rent. So if it takes him a couple weeks or a month to re-rent, that is all he can hold you liable for..

.

With that said, the worst he could do is try and sue you for 2 month's rent if he couldn't get it rented, so it it were me, I would probably just move out and send him the keys and a letter stating you are aware of his legal duty to mitigate his damages by re-renting the property..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,714
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
I saw that so you are the right person to discuss this. At issue here is violation of the contract. There have been times through out my lease period in which the landlord did not hold up to certain paragraphs of the lease agreement. I have contacted them to this effect. There are also health concerns here, with my experiencing 6+ months of black mold with no effective remediation on their part. I would say we are even on violation of contract. What are your thoughts here?

Thank you very much for the positive rating and generous bonus, it is greatly appreciated!

.

Have you ever demanded that they remediate the mold in writing throughout the tenancy?

.

If so, have you contacted any local agencies like Code Enforcement or the Housing Inspector if the landlord has ignored your requests?

.

The thing is, you have to pursue these things during the tenancy aggressively to get them fixed or take legal action. You can't wait until the end of the tenancy and bring them up because you didn't comply with a notice requirement.. It kind of makes it look like you didn't think that the issues were a big enough problem to worry about until a breach by you looks like it could potentially cost you some money.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,714
38,714 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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