Legal Question in Civil Litigation in Maryland

apt. rental

About three years ago i was living in an apartment with my wife, and was in the process of getting a loan to purchase a house. my lease was ending in my apt. and we asked the leasing office if we could go on a month to month basis due to the fact I would be owning a house soon. They said we could and all we had to do was pay about $50 extra a month and give them 2 months notice before we moved. I closed on my house in july, and we gave them two months notice in the form of a letter. We didn't have a computer, so our neigbor,who moved out a couple months prior, used the same letter for us, changing the dates and names. unfortunately, since its been 3 yrs, we don't have a copy, but I can call her as a witness. Also, my wifes mother took her to turn the keys in, so I can get her to testify, as well as my buddy who helped us move all of our stuff out and saw the apt. cleaned out in the middle of july '05. I just recieved a court date stating that the reality co. is suing us for $3000. Does the fact that we don't have much documentation and only witnesses severely cripple any attempt to fight and win this case?? Any help or info would help because I really can't afford an attorney, and most certainely don't have $3000. Help!!


Asked on 1/25/08, 12:00 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: apt. rental

It seems strange that the rental company is suing you after all this time, although it could be that they took a long time to locate you. Obviously you were foolish not to keep a copy of the letter your friend prepared for you, to memorialize the agreement to end the lease, but you can testify as to what happened. The fact that the rental office accepted the keys and made no effort to require payment of additional rent at that time is in your favor. You didn't indicate how much time the $3000 they are trying to collect covers--it probably represents the period of vacancy until they found a replacement tenant. Had there been no "holdover agreement", you would have been considered a month to month tenant and at that point either parts could terminate the lease with 30 days notice. Good luck.

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Answered on 1/25/08, 1:38 pm


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