Breaking a Residential Lease: Rights and Responsibilities Under Maryland Law
Breaking a residential lease is overwhelming, but sometimes, it’s unavoidable. Tenants find it particularly stressful when they’re not familiar with the legal details. In Maryland, tenants have certain rights and responsibilities.
Legal Reasons for Breaking a Lease in Maryland
There are certain situations where you can legally break your residential lease in Maryland without penalties. If you are called to active military duty, federal law allows you to end your lease early. This right is further protected under Maryland law for those who are serving on orders that take them away for three months or more. Under Maryland law, tenants are legally entitled to a habitable residence. Problems like severe structural damage, lack of basic services, or serious health risks can make a place uninhabitable.
There are several reasons that do not warrant breaking your lease without penalty. Buying a home, not liking your neighbors, losing your job, or being unable to afford your rental are not issues that will let you out of a lease scot-free.
Responsibilities When Breaking a Lease
When you decide to break your lease, there are specific steps you need to follow to avoid extra problems. First, you must give your landlord proper notice. This usually means informing them in writing at least 30 days before leaving a month-to-month lease or 60 days for a long-term lease. Check your lease agreement for the notice period for your unit.
Financial obligations may also come into play. You might have to pay fees for breaking the lease early or cover rent until a new tenant is found. Even if you are not living in the rental anymore, the rent is still your responsibility until a new tenant moves in. Failing to keep up with payments can result in a lawsuit against you. This is particularly challenging for tenants who are breaking their lease because they cannot afford the rent; not only are they then responsible for the rent at their new place, but they are still on the hook for rent at their old apartment.
Landlord’s Responsibilities
Landlords in Maryland have specific duties when a tenant breaks a lease. One of the main responsibilities is to make a reasonable effort to re-rent the property quickly. This means they should actively look for new tenants and not let the place sit empty without trying to fill it. If a landlord does not try to find a new tenant, they might not be able to charge the departing tenant for the lost rent. However, they do not have to exert extra effort to re-rent your apartment.
For example, they do not have to lower their rental qualifications or put your apartment ahead of others that they have available for rent. If they lie to prospective tenants about your unit being available, actively avoid renting your unit when they otherwise would, or otherwise intentionally leave it empty, you may have a case against them.
Potential Consequences of Breaking a Lease
Breaking a lease can have a variety of serious consequences that you should be aware of before making a decision. One of the main risks is financial liability, as you will likely be responsible for paying rent until the end of the lease term or until a new tenant is found. This could result in a massive financial burden, especially if it takes a long time to find someone to take over your lease.
Another potential issue is that breaking a lease could ultimately tank your credit score. If the unpaid rent or fees are sent to a collection agency, it could show up on your credit report and make it harder for you to rent another property or even get a loan in the future. On top of that, collection agencies may add other fees or expenses to your final bill, making it challenging for you to get caught up
Finally, your landlord might decide to take legal action against you. If they win, you could be responsible for legal fees and any damages awarded by the court. It’s also important to note that having a broken lease on your rental history can make it more difficult to find a new place to live, as future landlords might view you as a risky tenant.
How this affects you depends a lot on where you live and what the rental market is like. If you’re in an area where landlords have their pick of tenants, having an eviction or lawsuit against you on your record could leave you at the bottom of the list when a landlord receives multiple applications. But if you live in a renter’s market, it may not affect you as much, especially if you have a valid reason for breaking your lease.
