Legal Question in Real Estate Law in Maryland

apt. rent and damage collection

I, Choi, and the other two guys, Lee and Leung, was living in an apartment. after an year, Lee and I moved out, since Leung continuously failed to pay rents. I moved out in mid-summer of 2005 and just today, I got a phone call from attorney's office about colleting amount little over 5g. When we moved out, Lee and I took our name out but Leung continued to live there. However, attorney's office doesn't have any record of us taking our name out. All I have is a letter that states they recieved our notice of moving out by July 31, 05, which I sent myself. I've been living and paying rents at other places. Will that help me at all? and they never called us or anything for all this period and decieded to call us today. That sounds very unreasonable to me. Leung is in military serving abroad so they said that they can not get in touch with him. So I and Lee is responsible for all balance. If there's any good solution, let me know. Thank you.


Asked on 8/28/07, 5:51 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: apt. rent and damage collection

Your problem is that you presumably all signed a lease when you moved in. This made each of you responsible for the entire rent. How you divided it up was strictly between the three of you. Even though the original lease may have ended, you then continued the lease on a month to month basis. But if you wanted to terminate, all of you would have had to vacate the apartment--otherwise the landlord has no ability to regain possession of the premises so he can re-lease it. Since Leung stayed on, you all remained responsible for the rent. The fact that you haven't actually lived there and are paying rent elsewhere is of no significance.

If you and Lee had an agreement with Leung that he would be responsible for the entire rent after you moved out, you would have a legal claim against him for anything you have to pay the landlord, but that may be hard to collect given his military status.

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Answered on 8/29/07, 1:45 pm


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