Legal Question in Real Estate Law in Maryland

Issues with Oral Lease Agreement

1. I'm a college student that is rooming with two other people. My name isn't on the lease, and it hasen't been. I replaced another roommate of the primary lease holders. I didn't sign a sublet lease, or any kind of documentation binding me to this apartment.

2. The primary lease holder has been charing me an unfair portion of rent, over $100 more than anyone else. I decided that I was going to move out because of this.

3. I signed a lease at another apartment to move in on the 15th of may. I told the primary lease holder at where I live now. That I will only be paying a prorated portion of the rent. She freaked out, and told me I have to pay all of the rent, and I can leave at the end of the month.

Question: My question is am I legally obligated to pay a whole months portion of rent to a person whos been over charging me, and can afford to take up the cost of paying my second half of the month. Keep in mind, I never signed anything legal binding me to this apartment, or said what date I was going to be staying until. Also my other concern is can she evict me before the 15th? Because I have

no other place to live at the current moment.This apartment is located in maryland if that causes any other issues?


Asked on 4/28/03, 8:00 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Issues with Oral Lease Agreement

It sounds to me that you are a hold over tenant. This means that you pay month to month, week to week, or some other period of rent. If you have no legally binding agreement, the lessor has little claim other than what you have been paying. It isn't long til the 15th, see what you can do to make a substitute arrangement.

Joe Holthaus

(410) 799-9002

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Answered on 4/28/03, 10:01 pm


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