Legal Question in Landlord & Tenant Law in Maryland

Lease Obligations

My son lives in Maryland in an apartment with two other roommates. All three signed the lease. One of the roommates is moving out at the end of the month and is not going to continue to pay. She is trying to get my son and the other person to sign her out of the lease. This can only be done if they qualify to rent the apartment on thier own, which they don't or if they got a co-signer, which is not going to happen at this point. The roomate that is moving out, desperate to get out of this financial obligation, has mentioned that she could file a restraining order against one or both of themand that with a restraining order the apartment complex would have to let her out of the lease. I called them and they said that this was not true. So this is my question. If she files for a restraining order, and by some miracle was granted it, remove her financial obligation to pay her portion of the rent? As a footnote, my son and the other female roommate are deaf and the girl moving out is hearing. Her mother also works for a Law Firm in Indiana so I believe that this is where this idea has come from.


Asked on 5/15/08, 1:26 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Lease Obligations

First -- a restraining order would not negate the obligation of the tenant to the landlord to pay rent.

Second, the filing of a false application to obtain a restraining order could be a crime in and of itself and could expose the filer to civil and criminal risks.

I would avoid that risk.

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Answered on 5/15/08, 5:52 pm


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