Legal Question in Real Estate Law in Maryland
breaking lease
We have a situation dealing with lead paint. As a rentor on a month to month lease, we have given owner over 30 days notice. Can we use security deposit as last month's rent? Owner would not correct peeling & flaking paint even when advised in writing of the condition. Owner did not give us any info regarding lead paint in house when we signed lease. Owner said house had no lead paint but lead test we did proves it does. Owner never gave us receipt for security deposit but have my cancelled check. Owner is harassing us at work.
1 Answer from Attorneys
Re: breaking lease
This answer is intended to give general information in response to the above inquiry. It is not intended as legal advice. Should you desire further information, or legal advice, please contact an attorney to more fully discuss the matter.
In general, in a month to month lease you are required to give at least 30 days notice of you intent to quit the premises, which you state that you have done. It is unclear whether you have leased the property pursuant to a written lease, whcih may be important as the terms of the written lease would control the situation. In general, it is NOT permissible to use the security depostit as the last month's rent. If the Landlord wrongfully withholds the security deposit after 45 days of the end of the tenancy and/or fails to provide a written explanation for withholding the security deposit, you may be entitled to recover up to three times the security deposit plus attorneys' fees. You state the Landlord is harrassing you at work. You may be able to obtain relief by contacting the State's Attorney's office for your county.
Susan Zuhowski
The Law Offices of Susan Zuhowski, P.A.
P.O. Box 1466
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