Legal Question in Family Law in Maryland

Hi, I have a brother who lives in Maryland who just signed an apartment lease with his wife and now his wife has left him. My brother is working with the landlord to move into a smaller apartment in the same complex. However, this is contingent on his wife letting the landlord know if she plans to move out as well. Neither one of them can afford to stay in the higher priced apt. But his wife is being difficult and not communicating her plans. Both the landlord and my brother are worried that she intends to stay behind and not pay rent which will ruin my brothers' credit and his chance to move into the other apt.. Is there any legal way that he can be released from the lease agreement given the circumstances?


Asked on 7/28/15, 11:24 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Marital discord is not a basis for terminating a lease. However, if your brother and wife vacate in order to terminate the lease, the landlord has a duty to seek a new tenant as soon as possible. Since they just began their lease, there should be no need for between-lease refurbishment which would delay occupation by a new tenant. If both of them signed the lease, they are equally liable for the rent. If she can't afford the rent on her own, she really has no choice but to leave, as the landlord can easily evict her. If she wants to stay there by herself notwithstanding, your brother should insist that she agree to sign a revised sole-tenant lease, or a separation agreement in which she assumes this responsibility. It sounds like she has a source of income, and other than if this is from self-employment, her paycheck could potentially be a source of recovery if your brother is pursued by the landlord for unpaid rent.

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Answered on 7/28/15, 12:32 pm


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