Legal Question in Real Estate Law in Maryland
Paying rent when not occupying apartment
My landlord is insisting that we pay went for 8 days in October even though we are moving out on September. We gave a written notice to vacate dated Aug. 1; they dated it received Aug. 8th. Can they make us pay rent if we won't be living there Oct.1-8th?
1 Answer from Attorneys
Re: Paying rent when not occupying apartment
You must review your lease to see what it says about giving notice to vacate. Some leases have provisions which say that notices become effective upon receipt. By what means did you deliver the notice? If it was by email or fax on 8/1, that should be the determinative date. If you mailed it, and the landlord is in the area, he should have received it within 2 days at the most. Were you required to give 60 days notice under the terms of the lease? If you had a 1 year lease and then stayed over on a month to month basis, you should have only been required to give 30 days' notice in any event. If the lease terminated 9/30, you shouldn't have been required to give any notice unless the lease had a specific automatic renewal provision absent notice.
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