Legal Question in Landlord & Tenant Law in Maryland

I sent written notifcation via certified letter to terminate my lease agreeemnent as instructed by the lease terms. I followed up with email and also copied my husband as written notification of my intent even though he was already aware I had vacated the premises. I provided over 30 day notice.

My husband stated via email that he is was vacating the premises by Oct 21 and which time he was making his portion of the rent payment even though rent was due on Oct 5. He has neither paid the rental payment (so I paid it) I receive an email from the landlord stating my husband has not vacated the premises and that I would be liable for fees. and legal charges if they had to pursue eviction. I am not sure if my husband vacated or if he abandoned the premises as I have moved out of state.

I advised my landlord, that my husband notified us via email in writing that he was vacating the premises on October 21st so I considered any items remaining on the premises were to be considered abandoned. Can you please give me some advise on how to address this situation properly from a legal perspective? Per my Landlord, my husband is not responding to him and me and my husband are undergoing a separation and we are no longer in communication with one another. Is it within the law to assume my husband abandoned the apartment sense he provided the email notice he was vacating the premises?


Asked on 10/28/10, 7:47 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Here's the bigger issue. Without having read your lease, I would be willing to bet that it states that you and your husband are "joint and severally liable" as co-tenants. In short, this means that regardless of your marital situation, if the landlord doesn't get his rent in full, he can go after you, your husband or both of you as you are both co-tenants.

Because you are both co-tenants, you still have the legal ability to consent to the landlord physically entering the premises (regardless of the fact that you have moved out). Give your landlord written permission to enter your premises. Is there still evidence of your husband occupying it? If it's bare, I think you have your answer. If not, the landlord will have to evict your husband and you will likely be on the hook. Help your landlord get your husband out -- the longer it takes to get him out and the rent is not paid, the more YOU will end up paying in the end. In other words, don't help your husband make a bad situation worse.

My suggestion would be to hire a Maryland real estate attorney to review your lease and advise you of your options. They may not be good options, but at least you will know the universe of best-case and worse-case scenarios.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/02/10, 8:18 pm


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