Legal Question in Real Estate Law in Maryland

Breach of Contract? (Rental Agreement)

I recently entered into a Rental Agreement to share an apartment with someone (she resides in MD). The agreement stated I would move in on August 1, 2001 and that's when the agreement would become effective. The agreement also stated that I would pay rent and a full security deposit, which I would forfeit if I gave less than 60-day's notice before I moved. The problem is that I never moved into the apartment, but had already given money for the security deposit--I notified the other party that I would not be able to move in because of a commuting problem (I notified her on July 26). She did not return my deposit because she said that it was a breach of contract. I do understand that the agreement I signed was a binding contract; however I am confused about what my rights are legally. All of the information that I have found on this issue pertains to tenants who actually took up residency. Since I never moved into her apartment, can I get the deposit back, or have I breached the contract and legally have no claim to the deposit?

Thanks for your help.


Asked on 7/28/01, 2:35 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Breach of Contract? (Rental Agreement)

The fact that you never moved in does not relieve you of your obligations under the agreement you signed with the roommate. Once you signed the agreement, you became legally responsible to perform under the terms of the contract. Basically your duty is to pay the rent during the term of the lease, which, as I understand it from your query, is for 60 days beyond the date you give notice of your intention to end your stay there. The security deposit is to protect the roommate in exactly the situation you caused by defaulting on the agreement. Unless you agreed to stay for a minimum period of time, which you didn't state in your question, I would say you're obligated for 2 months' rent.

However, if your roommate finds a replacement during the first two months, you could argue that she has to refund at least some of your deposit (I'm assuming it was for 2 months), because otherwise she's getting double rent for a period of that time. If she gets a replacement starting the second month, you should get one month's rent back less any expenses she incurred to find a new roommate.

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Answered on 7/30/01, 3:22 pm


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