Legal Question in Real Estate Law in Maryland

Requirements with a Lease Break

I moved from my apartment prior to the end of my lease. The property management company found a new tenant to move with 3 weeks remaining on my lease. #1 Would not I need to complete paper work for a lease break? #2 Since there is a new tenant, would not my tenancy have ended with the new tenant? The property management company says that I will not get my security deposit back within 45 days of the end of my orgininal lease, but the language on my rental agreement says 45 days from the end of tenancy. Which is it?


Asked on 7/12/09, 9:02 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Requirements with a Lease Break

There usually isn't any paperwork done when a lease is broken, unless the parties make an agreement as to return of a deposit and mutual releases. As for when you are entitled to return of your security deposit, the management company is taking the position that the replacement tenant serves to cut off your rent obligation but the lease continues until the date specified. It's an arguable point, but for 3 weeks it's not that significant. More important is whether the management company is going to try to use your deposit for damages to the premises, which obligates them to allow you to be present at a walk through and provide you with a list of proposed damages.

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Answered on 7/13/09, 10:12 am


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