Legal Question in Real Estate Law in Maryland

Re: Cancel Lease

Given that the tenant did not take posssession of the premises, the landlord should return the security deposit and probably the first month's rent as well. The security deposit would be due back in full given that the tenant could not have caused any damages to the apartment since he never lived in it. Regarding the first month's rent, that probably should be returned also. It would be bad public policy if landlords were allowed to keep first month's rent where the tenant never moved in to the apartment. However, circumstances surrounding the cancellation, such as who cancelled and why was the lease cancelled, need to be considered. These are some unanswered questions that would shed light on whether the first month's rent should be returned. Feel free to contact me regarding the specific circumstances.