Legal Question in Real Estate Law in Maryland

I am a tenant in a 2-bedroom apartment. My room mate left because she graduated school, and I found people to sublet because I knew she was leaving. My lease is from August-August and my roommate left this month. The subletters had agreed in email to stay for the dates of May 15-Aug 24 and to pay the summer months (June-Aug) rent and utilities with me. They were driving from Canada where they attend school and did not have time to see the apartment beforehand, but instead asked to see pictures via email. They agreed to renting the apartment via email and to make sure the room would not be rented to anyone else. I still have the emails in which one of the subletters stated "we were wondering if we could secure the space so we don't lose it to someone else." I told them I would do so, and stopped looking for people to rent the room. They arrived yesterday and stated that the room "was perfect" (verbally) and I helped them move everything inside. After five minutes, they told me that they had gotten a phone call from a friend and said they were going to rent his room instead. They said that there was a possibility this was going to happen, and within the five minutes of moving inside the friend had called them to say he was willing to rent the room to these two subletters who had made a written agreement with me. There was never any mention in the e-mail that said it was possible that this would happen. If there was, I would have continued to look for other subletters in case of the situation. I was so taken aback all I could say was "It's okay." Is there any way I could be entitled to three months rent and share of utilities because of the written agreement we had via email? Would it be worth it to go to court over this in order to get the remaining rent for the summer? Or- What would the best solution be?


Asked on 5/16/12, 6:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Leases have to be in writing and have specific enough terms to make them binding. It's questionable whether an email exchange meets that criteria. Also, you must make an effort to find a replacement to mitigate your damages. Next time, tell a prospective roommate that if they want to secure the space they need to give you a deposit.

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Answered on 5/17/12, 7:12 am


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