Legal Question in Real Estate Law in Maryland
Thank you for your assistance. I'm currently having an issue with my leasing company. Specifically, in May I sent a letter of non-renewal (they automatically renew if no letter is sent). Today I went in to my apartment office to schedule a move out date/walk through and was told that the lease had been renewed and was told to visit the corporate office for further investigation. The supervisory staff at the corporate office indicated they had never received the letter. I showed them the dated letter on my computer with the creation date. They were unwilling to accept this and offered 1) to allow us to "buy out" at 2x one months rent or 2) just leave and be considered "jumpers". This is unreasonable as I send this letter and have proof. We don't know how to legally pursue this matter, but feel it is unjust to have to pay for a mistake--whether it was lost by the P.O. or the company. We also do not want to wait for legal action on their end as we want this issue to be resolved in an upstanding manner. Any advice will be greatly appreciated.
2 Answers from Attorneys
First of all, I'm not licensed in MD. Some general information, though. Check w/ your local court - many jurisdictions have landlord-tenant programs offering services like mediation, arbitration, etc.
Hindsight is always 20/20, but for future reference, I send "important correspondence" by certified mail, return receipt requested (it's very inexpensive) or through through FedEx or UPS b/c you receive a signature/delivery confirmation. Alternatively, you could have hand-delivered the notice to the leasing office and had personnel countersign receipt.
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Barbara E. Greening
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I assume your lease contained a provision that says that all notices are to be send first class mail. If so, I suggest you write them a second letter--only this time either hand deliver it or send it certified mail. In the letter, detail the date you sent the nonrenewal letter, that it was addressed in accordance with the requirements of the lease, and that there is a legal presumption that they received it. State in no uncertain terms that you have complied with the lease notice provisions and expect them to fully comply with the security deposit statute (which should be set out in your lease if it's from a commercial management company) as far as post-lease inspections and return of the deposit. State that their failure to do so followed by an attempt to withhold the deposit will generate a law suit for treble damages and attorney fees as called for in the statute. Further, advise them that any attempt on their part to injure your credit score by reporting you as delinquent to a credit bureau will generate a further cause of action for defamation of credit. Tell them you want to end the relationship on a friendly basis, but will not hesitate to assert your rights if necessary.
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