Legal Question in Civil Litigation in Maryland

Storage Space Lease/Contact

I have a large outbuilding that houses 3 bays in the back of my property. I lease the bay's out. On 9/24/08 I leased the bay to a guy who wanted to sign a years lease. He works on and sells motorcycles. After moving in he said the roof was leaking, 3 days later I had a roofer come and seal around the chimney.Last week he told me it was leaking again but he didn't think from the same place. I called him on a Sunday to ask him where and he wouldnt talk. So the rent is due on the 1st of the month although the lease (generic storage space lease found on google) says you have to the 5th. Today is the 5th & I called cuz No rent yet. He said he sent a certified letter last Thurs., I never got a slip nor a letter and that he is not paying rent until issues are resolved. Can he do that? The lease say's 30 days notice on either part. I do have a months sec. dep. He is trying to say I can use that for this months rent and he is staying until the end of the month. Can he do that? I believe I DO NOT have to use the sec. dep. towards the months rent and that no matter what he is still bound to pay the rent, correct? Also, he signed a years lease, isn't he bound by that unless he can prove that I am unfit or negligent, which I am not.


Asked on 11/05/08, 10:04 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Storage Space Lease/Contact

By not paying rent, your tenant is in violation of the lease unless the leak is significant enough to make the shed "uninhabitable". You should get your roofer back out to resolve the issue so you can hold him to the lease. If he does move out, you must try and find a new tenant, and if you are able to do, you're better off in the long run.

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Answered on 11/06/08, 12:22 pm


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