Legal Question in Real Estate Law in Maryland

Leasing agreement

I signed a leasing agreement on my apartment until Feburary 1st. On December 5th. I gave my notice that I would not be signing a new leasing agreement. The leasing office called me to say that I can't leave until Feburary 5th. and that I would have to pay a prorated amount for the extra 5 days. Do I really have to do this?

Your sincerely


Asked on 12/24/00, 6:03 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Leasing agreement

It sounds like you have a 60 day notice to quit provision in your lease. This is a clause which says that the lease will be automatically renewed for either another year or on a month-to-month basis unless either party notifies the other at least 60 days before the end of the lease that they intend to terminate the lease at the end of the one-year period. If there is no such clause in your lease, it automatically ends at the end of the lease year and you are free to go when you intend to. Incidentally, if there is a "60 day" clause, you should point out to the landlord that 60 days from Dec. 5 is Feb. 3 not Feb. 5, so at most you'd only have to pay for an extra 3 days.

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Answered on 12/27/00, 4:15 pm


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