Legal Question in Real Estate Law in Maryland

Loop holes in a Lease

I have lived in this apartment for almost 6 months, and I am ready to move on. I have had a couple of problems with this company. 1) I had been paying rent for 2 months only to discover in letter telling me I have to go to court that the rent money was going to another apartment. It took a while to clear this matter up. 2)I got a puppy from a friend and had the dog for 4 months. The dog was only 12 pounds. On the 29, a friday, I recieved a letter stating that it had been reported that i was harboing a Geman Shepard, which was not true. My question is this what can I due to get out of the lease being that I had problems with rent money and in the lease I can't find that It says you can't have dogs in the apartment. What about entering a apartment with out prior notice, I feel that they having been doing this often (things being moved and so own). If i broke the lease what would happen, If I had someone that said that they would take it the day I moved out????? HELP!!!


Asked on 11/02/99, 11:12 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Loop holes in a Lease

Although your narrative was somewhat hard to follow, I don't see any legal basis for your breaking the lease. Apparently your rent money was initially being credited to another tenant, but that has now been rectified. Regarding the dog, most leases (especially in apartment buildings, where I am assuming you are) have no- pet clauses. A violation of this provision gives the landlord the right to evict you, but doesn't give you the right to move out. Of course, if the landlord is willing to accommodate you by finding a replacement tenant, that will solve your problem, but why should they go to this trouble and expense as long as you're paying rent?

The landlord isn't supposed to come into your apartment without prior notice to you, so if you can prove they're doing this, it might be grounds to break the lease. As far as you finding your own replacement, it's subject to the landlord's approval.

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Answered on 11/02/99, 4:36 pm


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