Titaw Posted February 26, 2009 Share Posted February 26, 2009 This one is for any of our ES lawyers, particularly in Maryland. Here's a quick run-down on what is going on. I have been renting for almost 3 years in the same home. My landlord has been great for the most part. Well, in January I found out that I was approved for a VA Home Loan and my wife and I go to closing on the new house on Monday (March 2). Here are the issues that have come up as a result: - Our lease was a one year deal signed in July of last year. This means we have 3 months remaining on the lease. - Our lease states that the landlord or tennant must give 30 days notice if the lease is going to be broken or terminated. (We notified him on January 26 that we will be vacating the premises on Mar 7) - My landlord notified me YESTERDAY that he wants to do a walkthrough on March 8, so he can list the house. I have looked through the laws online and it states that the landlord must make every effort to ensure he has a tennant once they are notified that the lease will be broken. In my opinion he should have known that he had to ensure the home was walkthrough ready to list the house because we aren't the first tennants he has had. I honestly don't believe that he has made every effort to ensure he has a tennant in the house. While looking online I found that Maryland Law states you cannot charge over 5% of the amout owed for a late fee. The monthly rent was $1250 with a $100 late fee last year and $1275 with a $75 late fee this year. According to my calculations he can only charge a maximum of $62.50 last year and $63.75 this year. I really don't want to have to shell out 3 months of rent. My question is two parts 1) Am I correct about the laws? 2) If I refuse to pay the 3 months rent that is remaining on the lease do I have a case due to what I have found? Link to comment Share on other sites More sharing options...
Burgold Posted February 26, 2009 Share Posted February 26, 2009 I don't really understand. If your contract gives you an out by giving 30 days notice and you gave more than that isn't any delay or failure to get a new tenant on the landlord's head? Not a lawyer. Link to comment Share on other sites More sharing options...
hockeysc23 Posted February 26, 2009 Share Posted February 26, 2009 I am not qualified to answer that question but think there is some information missing as the story was misleading to me. Are you trying to get out of the last 3 months of rent? If so, I am assuming the landlord is saying you signed a 1 year lease you need to fulfill? If you are moving out March 7th what is the problem with a walk through on the 8th? I am not taking one position or the other just trying to picture the situation as it will probably help others that might have the knowledge to help you. Link to comment Share on other sites More sharing options...
TimmySmith Posted February 26, 2009 Share Posted February 26, 2009 Not a lawyer either, but I am a landlord. I do not get your question. You leave on the 7th, he wants a walkthrough on the 8th. Am I missing something? Link to comment Share on other sites More sharing options...
DeanCollins Posted February 26, 2009 Share Posted February 26, 2009 titaw your question is not clear. You've talked about at least 4 issues that have not a lot to do with the other. I am a landlord. Your lease is the governing document (as long as it doesn't violate the state laws). Read it carefully. The landlord is probably going to trying and keep some or all of your security deposit. It sounds like you can break the lease with notice, and he's entitled to inspect the property. Does the lease read that you are required to pay the balance of the lease, unless the landlord has another tenant? Link to comment Share on other sites More sharing options...
Mr. S Posted February 26, 2009 Share Posted February 26, 2009 he can try to find a new tenant, but how can he even show it if he reasonably believes the premises are not in displayable shape? Are you saying that you are on the hook for the next 3 months unless he was able to find a tenant to move in right away? Otherwise, the language you mentioned of 30 days notice to break a lease (which seems pretty favorable actually) makes it sound like you are off the hook? Link to comment Share on other sites More sharing options...
TimmySmith Posted February 26, 2009 Share Posted February 26, 2009 I think I get it. You think the landlord is dragging his feet in order to get the 3 months or at least one month of rent from you. Well, no landlord in the world is going to walkthrough until the tenant has emptied the place. No landlord in the world is going to advertise until the tenant has left. Link to comment Share on other sites More sharing options...
DeanCollins Posted February 26, 2009 Share Posted February 26, 2009 I think I get it. You think the landlord is dragging his feet in order to get the 3 months or at least one month of rent from you. Well, no landlord in the world is going to walkthrough until the tenant has emptied the place. No landlord in the world is going to advertise until the tenant has left. I wouldn't say that. A walkthrough before the tenant moves out is a good opportunity to discuss items that the tenant needs to cure, while they are still in the home. And advertizing a week or so before the tenant moves gives the landlord an opportunity to set an appointment to show the property as soon as it is available as it usually take time for people to respond to the ad. Link to comment Share on other sites More sharing options...
hockeysc23 Posted February 26, 2009 Share Posted February 26, 2009 I think I get it. You think the landlord is dragging his feet in order to get the 3 months or at least one month of rent from you. Well, no landlord in the world is going to walkthrough until the tenant has emptied the place. No landlord in the world is going to advertise until the tenant has left. If that is the case (landlord not making a big enough effort on your part to find someone) then I got to side with the landlord. He's doing you a favor letting you out of your lease 3 months early. You signed a lease knowing when it expires. If you really want to save that money why don't you try and find someone else to move in and take your place? I mean it is to save you money. *should be noted that I am a landlord also so that is probably where my bias if any lies. Link to comment Share on other sites More sharing options...
btfoom Posted February 26, 2009 Share Posted February 26, 2009 If you have a friend that is a lawyer, take your lease to him/her. There is usually some type of clause or wording to cover early termination of the lease. I was in a position like yours (I was renting in California at the time, so the laws may not be exactly the same). I wanted to get out early. The lease (and law) clearly stated that I was to pay for the remaining months, unless the landlord found another renter (he couldn't 'double-dip'). It is very difficult to prove that a landlord isn't doing due dilligence to find a renter. Remember, you signed the one year lease, which gave you legal rights for that time. He is going to want to make sure the place is near perfect before he shows it again and because he has your rent, he does not have to rush. You said that you've lived there 3 years. Can you just talk to the guy and see what you can work out? Link to comment Share on other sites More sharing options...
Titaw Posted February 26, 2009 Author Share Posted February 26, 2009 Let me try to clarify: 1) When we looked at the place the first time, the old tennants were still there and it was roughly one month before we moved in. 2) I notified him on Jan 26 that we are leaving on Mar 2. He could have set up a walkthrough any time between then and now so he could list it as soon as possible. Thanks for trying to help everyone. I do appreciate it. Link to comment Share on other sites More sharing options...
TimmySmith Posted February 26, 2009 Share Posted February 26, 2009 I wouldn't say that. A walkthrough before the tenant moves out is a good opportunity to discuss items that the tenant needs to cure, while they are still in the home. And advertizing a week or so before the tenant moves gives the landlord an opportunity to set an appointment to show the property as soon as it is available as it usually take time for people to respond to the ad.Perhaps my language was strong. However, it would be difficult to advertise and show the property if it was not vacant, because technically the lease is in effect. If the tenant decided to stay to fulfill the lease, the landlord would have little recourse and be out time and money of advertising.A walkthrough is difficult, because of items that can be seen much easier in a vacant room. And issues certainly can and do occur between an early walkthrough and vacancy. Bottom line is if you decide to break a lease early, you better be prepared to suffer a little. Link to comment Share on other sites More sharing options...
hockeysc23 Posted February 26, 2009 Share Posted February 26, 2009 Perhaps my language was strong. However, it would be difficult to advertise and show the property if it was not vacant, because technically the lease is in effect. If the tenant decided to stay to fulfill the lease, the landlord would have little recourse and be out time and money of advertising.A walkthrough is difficult, because of items that can be seen much easier in a vacant room. And issues certainly can and do occur between an early walkthrough and vacancy. Bottom line is if you decide to break a lease early, you better be prepared to suffer a little. I mean you have known the guy for 3 years so might want to try just talking with him rather than going the lawyer route. But I agree with above while he could do a walk through with tenants there it is easier not to. It is going to be hard in this economy to encourage anyone to forgo the rest of the lease money. Link to comment Share on other sites More sharing options...
jrockster21 Posted February 26, 2009 Share Posted February 26, 2009 Even if it says you can give 30 days notice of "breaking" the lease, that doesn't absolve you from your fiscal responsibility if the landlord does not have a tenant. I rented for 10 years of my life in 3 states, and this has been the case everywhere I've been. You are responsible for the rent until a new tenant is in there. This is why people look for people to "take over" their lease. Plus, I would imagine its much harder to prove the landlord was NOT making "every effort" to find a tenant. All he has to prove is that he posted an add or two or relisted the property, and that's probably "every effort." Not a lawyer, JMO. Link to comment Share on other sites More sharing options...
bdiamond Posted February 26, 2009 Share Posted February 26, 2009 If a landlord knows you're going to be ending your lease then I see no reason why he wouldn't be starting to show the house now (unless like others have mentioned he's trying to dupe you into paying the remaining 3 months b/c he didn't find a place), but I'm still not clear on the wording of your 30 day notice and out clause. As far as the walk through goes, of course he's going to wait until you vacated the premises, how else would he be able to really judge what damages occurred? Link to comment Share on other sites More sharing options...
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