Legal Question in Real Estate Law in Maryland

Rent raised during lease and 30-day notice

I gave my 30 day notice (as required in lease) on Sept 29 and will move out of my apartment Oct. 30. I paid Oct.'s rent on Oct. 1. On Oct. 22, I got a notice saying October's rent was increased by $20, which had to be paid before I moved. Since they have raised my rent mid-month, during my lease, on 3 separate occasions, I would like to know what my legal rights are.

The apt. also has a $300 sec. dep, that I am now concerned about...what are my rights and the managements responsibility regarding this deposit. Thanks so much for your help.


Asked on 10/28/99, 8:04 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Rent raised during lease and 30-day notice

The landlord cannot raise you rent retroactively or even prospectively unless it gives 30 days notice--the same notice you were required to give in order to terminate the lease. As you describe it, none of the previous rent raises were legal until the second month after they gave you notice. (In other words, if they notified you in July of a rent raise, it couldn't take effect until September.) I would refuse to pay any more rent and if they try to take it out of the security deposit, you could sue them for triple damages and attorney's fees.

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Answered on 10/29/99, 4:27 pm


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