Any lawyers here?
Push to shock!
Joined: Sep 2002
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From: Palo Alto, CA
They didn't repeal it. They just changed the number of months of rent the tenant has to pay in penalty.
With this statute I definitely go talk to a lawyer and see what's up.
Word of caution though, not all states are this nice about early lease termination.
With this statute I definitely go talk to a lawyer and see what's up.
Word of caution though, not all states are this nice about early lease termination.
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Better Than Canada!
Joined: Dec 2002
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From: Baltimore, MD
http://mlis.state.md.us/PDF-Document...hb/hb1144f.PDF
The key part is "whichever is less". Well I'm pretty sure her $0 loss of rent is going to be less than 3 months rent. As long as this is the law I think I just won my case. I'm going to talk to a lawyer later today.
(a) In Baltimore City, a liquidated damages clause or penalty clause in a residential lease is not enforceable. If a tenant fails or refuses to take possession of or vacates the dwelling unit before the end of his term, the tenant is liable to the landlord for loss of rent caused by the termination or [two] 6 months' rent, whichever is less, in addition to the cost of repairing damage to the premises which may have been caused by an act or omission of the tenant.
Push to shock!
Joined: Sep 2002
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From: Palo Alto, CA
I agree, also the state law also says that the landlord is legally obligated to mitigate damages, and since she found another tenant, the damages are mitigated, so she has no legal claim to the penaly at this point.
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Better Than Canada!
Joined: Dec 2002
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From: Baltimore, MD
however this confuses me....this makes it sound like that law I was talking about was repealed. http://www.stuartkaplow.com/library3.cfm?article_id=45
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Better Than Canada!
Joined: Dec 2002
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From: Baltimore, MD
yeah that is what I was afraid of. Anyway, I may still have a case based on what you posted earlier
I will see what the lawyer says later today.
Originally Posted by Maryland Statutes
Financial Consequences: Tenants who move before the lease term ends may be responsible for continuing rent even though they no longer living at the premises. However, the landlord has a legal obligation to mitigate damages. This means the landlord must make reasonable efforts to find a new tenant and may not charge the old tenant continuing rent once the new tenant moves in. (The landlord is not necessarily required to rent out the unit "ahead" of others where there are vacancies in the building). The tenant is responsible for reasonable costs associated with finding a new tenant, such as advertising fees.
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Originally Posted by LABARINTH
1. it is illegal to charge someone rent for an apartment that someone else is already paying rent for.
x pǝɹ
Joined: Feb 2003
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From: Upstate
Hope it works out. If those bills got repealed, its pretty obvious that shes charging you not for damages, but for ending early.
I say call her and talk to her nicely and see if you can get her to just give up. Explain that she hasn't lost any money, and that you are recieving legal advice, and might potentially challenge her request.
Hopefully it'll scare her enough into just forgetting about it.
I say call her and talk to her nicely and see if you can get her to just give up. Explain that she hasn't lost any money, and that you are recieving legal advice, and might potentially challenge her request.
Hopefully it'll scare her enough into just forgetting about it.
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Joined: May 2003
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Originally Posted by SolarWind
Hope it works out. If those bills got repealed, its pretty obvious that shes charging you not for damages, but for ending early.
I say call her and talk to her nicely and see if you can get her to just give up. Explain that she hasn't lost any money, and that you are recieving legal advice, and might potentially challenge her request.
Hopefully it'll scare her enough into just forgetting about it.
I say call her and talk to her nicely and see if you can get her to just give up. Explain that she hasn't lost any money, and that you are recieving legal advice, and might potentially challenge her request.
Hopefully it'll scare her enough into just forgetting about it.
If she is not a complete cock gobblin she will know that whatever legal action he pursues technically he did break the contract and has to go by the terms which he signed on to begin with.........If I were his landlord and he ended his lease early with me and said he was going to take legal action against me when I have a signed document that clearly states the terms I would laugh at him.
Your best bet is to try to reason with her. Don't go making threats about legal advice and atorneys because that will just piss her off and when it comes down to it you did sign the lease. Maybe offer her half of your security deposit or something? Also if you do take legal action and go to small claims court and when you lose you could be tagged for her legal fees and court costs as well.............so don't go the lawyer route and don't even mention that to her, it won't help your situation