Legal Question in Real Estate Law in Maryland
Renting
I have been renting a house for over 2 years through a realtor who represents the landlord. The landlord required a written hard copy 60 days notice before I could move out on October 31st. In August I sent an email to the realtor stating that I would be moving out on the 31st and thank you for renting the place. The realtor forwarded the email to the landlord and the landlord replied with ok. I then faxed the same letter over on the 4th of September. Now the realtor is telling me that since the ''hard copy'' did not get to them until September 4th, we have to pay a prorated cost until November 15th. They are also saying that we still have to turn the house keys in on October 31st. I feel because I gave them notice via email in August that we should not have to pay for November. And why should we have to turn in the keys on the 31st if we have to pay until November 15th. If they are legally wrong what should I tell them?
2 Answers from Attorneys
Re: Renting
The language of your lease should state the proper method of giving notice. If it does not, then you must give notice in writing for it to be effective.
Re: Renting
Unless your lease specifies that only certain written forms of notice (fax, "hard copy", etc.) will suffice to give notice to vacate, I believe your email, timely delivered, is sufficient to comply with the notice provisions. You didn't specify, but it sounds like you originally signed a written lease, probably for 1 year, and have been on a month to month basis since then. If so, unless the lease was changed, you would only be required to give 30 days' notice in writing to end your rent obligation. The landlord cannot change the
"rules" unilaterally by imposing new conditions that you haven't agreed to.
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