[MD] Can a tenant break a lease early by claiming job loss without proper proof?

MD Landlord-Tenant

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Thank you so much for chatting with me on this. The tenant's right to terminate under that clause is not automatic. The Howard County addendum requires documentation of involuntary unemployment from either the former employer or a government agency providing unemployment benefits. An HR letter alone may satisfy the employer-certification prong, but only if it confirms involuntary separation and the tenant's income was actually used to qualify the lease. If both wage earners lost jobs, both may need to be documented. On the facts you have, their termination is likely defective and you may have a claim for the remaining lease term.

The addendum almost certainly required advance written notice, typically 30 days, before the termination is effective. Giving a few days' notice and surrendering keys the same weekend does not satisfy that requirement. You are not bound to accept a defective early termination. In Maryland, a landlord is not required to honor a claimed lease-termination right if the tenant failed to follow the contractual procedure. (MD Real Property Code § 8-501)

You are required to make reasonable efforts to re-rent the property, known as the duty to mitigate. Maryland follows this rule. Document your efforts: listings posted, showings conducted, any applications received, and the date of any new lease. Keep records of every step. (MD Real Property Code § 8-402.1)

The tenant has a right to request documentation for deductions from the security deposit. Under Maryland law, you must send an itemized written list of damages with supporting documentation within 45 days of the tenancy ending. Photographs, receipts, and invoices are all part of that package. (MD Real Property Code § 8-211)

Painting costs require a pro-rata calculation. In Maryland, interior paint is generally depreciated over five years. If the tenants lived there for, say, one year, you may only charge four-fifths of the painting cost, not the full $6,000. The two replaced doors are chargeable if the damage was beyond normal wear and tear. Document the pre-existing condition of those doors with any move-in inspection report or photos.

You do not have to wait until the unit is re-rented to calculate what you keep from the deposit. Send the itemized statement and either return the balance or retain what the deposit covers within the 45-day window. If your documented repair costs exceed the deposit, you can pursue the tenant for the difference separately.

Communicate with the tenant in writing via email. Keep the tone factual and do not address their characterization of your conduct as "retaliatory" or "malicious." Respond to their request for receipts and re-rental documentation when you send the formal itemized statement within the 45-day window. Everything in writing protects you if this goes to court.

If the tenant remains in another state and refuses to pay any balance owed after the deposit is exhausted, you can file in Maryland District Court for the unpaid rent and damages. If you obtain a judgment, you can attempt to domesticate it in Louisiana, where the tenant relocated, to collect. (MD Courts and Judicial Proceedings Code § 6-312)

Does that help clarify things? I want to make sure I didn't leave anything out.

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Landlord tenant issue in MD.

Lexi, Chatbot

I understand that dealing with landlord-tenant issues can be stressful. Can you please describe the specific issue you are facing in Maryland?

The tenant gave a few day notice and asked to pick up the key as they were terminating their lease due to job loss. They provided letter which was confirmed. They sited they had the right due to a clause in Howard County addendum. And I believe that is not the case. I have cleaned and got the home painted and two doors replaced damage. They are asking for documentation as the painting cost $6K and some change in repairs. Question is did they have the right to cancel, what can I charge them toward repairs, am i still obligated to return the deposit if i can prove the repairs came out to more than the deposit? Do I wait until the home is re-rented and ask all together?

Lexi, Chatbot

Have you already attempted to resolve this issue with your landlord or tenant?

They turned in the key and left the state. Still in contact via email. They are saying they have the right to terminate due to the clause in the addendum. Also demanding receipts and justification for the cost of repairs and our efforts to re-rent.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your landlord-tenant issue.

Do I answer their email communication or wait until everything is done?

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. Have you had a chance to discuss the tenant's rights under the Howard County addendum with them?

They are the one siting the addendum saying they have the right to terminate the lease. There is another year left on the lease. Visa email.

Legal Eagle

Could you tell me more about the specific clause in the Howard County addendum that the tenant is citing? It would help to understand what rights they believe they have under it.

Involuntary unemployment of wage earner whose income was used to qualify for the lease which is confirmed by certification of the former employer or documentation from a government agency providing unemployment benefits. They only provided a letter she was involuntarily let go 30 days ago. They turned in their keys and left the state.

Legal Eagle

Got it, thanks for explaining. It sounds like they provided a letter from the employer. Did they also provide any documentation from a government agency regarding unemployment benefits, as mentioned in the clause?

No. Just letter from HR.

Legal Eagle

Ok thank you so much for including that! What state is this in?

And this is what they wrote: "Unfortunately due to my wife and I recently being laid off from our jobs, we must terminate the lease. As the lease states in the article of Termination, section A2, 'Involuntary unemployment of a wage earner whose income was used to qualify for the lease'. I have included the documentation for my wife's former employer's confirmation. We will be vacating the townhouse by Sunday as we are moving back home to Louisiana. I truly apologize as we didn't foresee this event coming to past. Please pick up the mail key, house keys, and garage keys/opener before Sunday. Let us know how you would like to coordinate that. Thank you. Also, we are not beholden to repair costs as that is covered by the security deposit. I recommend you have your team review the lease agreement that she signed. This is obviously retaliatory and malicious as well. You are not operating in good faith and we will make that known should you pursue legal action against us."

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Do they actually have the right to terminate under the terms of the lease? (They're claiming they do, but you need a clear answer on that.) How many days' notice were they required to give, and does what they gave you fall short? They're asking for proof of your re-renting efforts, what exactly do you need to provide, and how do you document that properly? What can you charge for regarding the condition of the property, and what does it take to bring it back to move-in condition? What documentation do you need to support those charges? Once it's re-rented, what can you go back and bill the tenant for? Should you communicate with the tenant now, or wait until everything is settled and you have a final number? What's the process if the tenants are already out of state?

That is everything.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Yes.

Legal Eagle

Does that help clarify things? I want to make sure I didn't leave anything out.

If the cost of repairs is less than the deposit, do I return that portion and then ask the 2 month's rent?

Legal Eagle

If the cost of repairs is less than the deposit, you should return the remaining portion of the deposit to the tenant. You can then pursue the two months' rent separately, as they are not covered by the deposit. Make sure to document everything clearly and communicate with the tenant in writing. I know it's a lot, but does that help make sense of things a bit more? I want to make sure I didn't leave anything out.

They only gave one day notice, can I charge the two month's rent because they didn't give me notice? Do I have to do security deposit first before I ask for the 2 month's rent? Was 4/5 of $6K? I'm just clarifying if you meant 1/5?

Legal Eagle

Since they only gave one day's notice, you can charge them for the two months' rent as they did not fulfill the notice requirement specified in the lease. You should handle the security deposit first by providing an itemized statement of deductions and returning any remaining balance within the 45-day window. After that, you can pursue the two months' rent separately. Regarding the painting cost, if the tenant lived there for one year, you would charge 4/5 of the $6,000, which means you would charge $4,800. The 1/5 depreciation accounts for the one year they occupied the property. I know it's a lot, but does that help make sense of things a bit more? I want to make sure I didn't leave anything out.

Why do I have to repay the security deposit first? Is it a legal requirement?

Legal Eagle

Yes, returning the security deposit or providing an itemized statement of deductions within the 45-day window is a legal requirement in Maryland. This ensures transparency and fairness in handling the tenant's deposit. After addressing the deposit, you can then pursue any additional amounts owed, such as the two months' rent, separately.

If I need to use this conversation, who do I refer to if they ask about where I got the information from? When I tell them I got it from an attorney?

Legal Eagle

My name is Michael, the attorney you consulted with on our service. If they have any questions about the information, you can mention that it was provided by an attorney through our service.

Also, I'm so very sorry! Something came up unexpectedly, and I must run for the rest of the day, and I sincerely apologize. This conversation doesn't close and will stay open. This conversation is ongoing until your questions are answered. Your patience is sincerely appreciated, and I will be back as soon as possible!

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Legal Eagle

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