Full question:
We have a rent contract for one year, two months later I decided to move out and I email a notice to the landlord Representative, before a month of our decision. But they asked us to pay the month of January 2009. Which is we can't afford it. I asked them to get the deposit to cover the rent January, but they refused to agree with. They said the deposit is gone for covering the breach of contract. Notice that our income does not enough to pay them. What should I expect if they file lawsuit against me. And what is my legal obligation if I can't afford $2100.00 for the month of January? What is should I do to get out of it. They tolled me if I didn't pay $2100.00 they will come after me and asked me for whole year of the contract. What should I do?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Maryland
Answer:
When you sign a one-year lease, you typically must pay the full rent amount unless the lease allows for early termination. If you decide to move out early without the landlord's consent, you may be liable for the rent due for the entire lease term, plus any late fees and attorney fees. The landlord can also use your security deposit to cover damages from your breach of the lease, such as unpaid rent.
However, the landlord is required to mitigate their damages, meaning they must try to re-rent the property to minimize their losses. This includes taking reasonable steps like advertising the property and showing it to potential tenants.
If the landlord files a lawsuit and wins, they can obtain a judgment that may allow them to garnish your wages or seize assets if the judgment remains unpaid. You might consider negotiating with the landlord for an early termination agreement, which may involve some compensation. Alternatively, you could find someone to take over your lease.
In Maryland, if you fail to pay rent, the landlord can file a complaint in court to repossess the property. They must provide details about the rent due and serve you with a summons to appear in court. If the court finds in favor of the landlord, they may issue a judgment for possession and the amount of rent owed (Md. Code, Real Property § 8-401).
To avoid further complications, it’s advisable to communicate with your landlord about your situation and explore possible solutions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.