Legal Question in Real Estate Law in Maryland

One of my tenants gave her 60 day notice to vacate and is now refusing to leave after the 60 days even though I've found another tenant to take her place the week after she would have left. Can she legally do this and what does it mean for the new tenant?


Asked on 6/18/15, 5:05 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

She cannot. If she continues to refuse you will have to file an eviction action in the Landlord/Tenant branch of your local Maryland District Court. If you lose any rental income because of the delay, you could seek damages from the holdover tenant in your suit. If there is an attorney's fee provision in your lease for breach of lease, you'd be entitled to recover those as well. I suggest you write her and point all these things out, including the fact that you relied upon her notice to re-rent the place. If you've already signed a lease with the new tenant, you might be liable to them for failing to make the property available.

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Answered on 6/19/15, 8:56 am


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