Legal Question in Real Estate Law in Maryland

Re: Month to month rent after a lease

When an annual lease expires and the tenant remains on the property, he is a hold over tenant. Typically you go to a month-to-month scenario until you and the landlord decide to enter into another annual lease. Since it is his property, the landlord will charge a hold over rent that he believes the market will bear. He has figured into the increased rate the risk that you will leave after a month. There is also the risk of losing steady annnual income from the rental unit because he is renting to you on a month-to-month basis versus an annual basis.

Re: Month to month rent after a lease

If you do not sign a lease you will not be held to new terms. New terms include your right to remain in possession of the property and may include provisions for increased rent as well as a higher month-to-month rental provision.

Where your prior lease is silent as to a higher month-to-month provision, your landlord may be able to seek damages based upon rental value but this is tenuous and would be completely without remedy where the leasing contract stipulates otherwise. If you do not have a new lease, you are considered a hold over tenant.

As a hold over tenant, you have certain, albeit quite limited, rights to remain in possession. But rest assure that self-help by the landlord to evict is strictly illegal.

If you intend to stay at the property it may be in your best interest to excute an appropriate lease (whether such be on a month-to-month basis or on some other basis). You should calculate whether you are better off based on the difference of a lease of term (i.e., typically an annual lease with a lower monthly cost and a forefeiture cost of a month or two of rental) as compared to the higher cost of a month-to-month least-and all this is based on your finances and plans. Please research my prior responses to leasing matters for further information.

I am a general practice attorney and, if you should have legal needs, please feel free to contact me at (410) 799-9002.

Hope this helps with your decision.