Legal Question in Real Estate Law in Maryland

tenants rights

I am breaking a lease because the house makes me physically sick, it irritates my allergies and especially my asthma. The landlords seem to be understanding about this. Here is my problem though. They verbally promised that I would get my security deposit back. However, they are trying to re-rent the apartment at fifty more dollars a month and honestly, I believe it is too high for the small town that the apartment is in. So what would I have to be responsible for? They are not really making a reasonable attempt to rent the apartment. What if they cannot rent it?


Asked on 9/01/99, 10:35 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: tenants rights

After being advised of a tenant's desire to terminate a lease early, the landlord has a duty to make reasonable efforts to find a replacement tenant. This is known as mitigation of damages. If the landlord fails to do this, you may be able to avoid paying rent beyond the last date of occupancy. If the only thing at stake is your security deposit, there may not be enough at stake to warrant a legal fight over this.

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Answered on 9/02/99, 3:36 pm


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