If my roommates broke into my room while I was away, does this violate the lease?
Full Question:
Answer:
You should carefully review your lease agreement between yourself, your roommates and your landlord to determine your rights and obligations (and the rights and obligations of your roommates) relating to the room you are renting, as well as your rights and obligations to terminate your lease agreement. A tenant is required to comply with the lease agreement and must inform the landlord of any dangerous conditions that develop, of any damage caused to the premises by whatever source, and of any serious injury to the tenant, tenant's family or guests, or tenant's property while on the premises.
An agreement may set forth certain requirements for roommates to access the areas rented by other roommates similar to the right of a landlord to enter the premises. A landlord generally has the right to enter the premises at reasonable times to inspect, maintain, and show the premises. Except in the case of emergency, a landlord must gain permission from the tenant in order to enter. The tenant may not unreasonably deny permission. Either party may obtain injunctive relief from the courts if the other party is unreasonable regarding access issues.
If roommates are listed on the lease, each roommate is considered a tenant and each one will be individually fully responsible for the total amount of the rent due to the landlord, unless the lease specifically states otherwise. If only one roommate is listed on the lease and the others have not signed the lease, only the roommate listed is considered the tenant. The others are considered subtenants. Only roommates who sign the lease are responsible for the full amount of the rent to the landlord. The roommates who signed may have some separate claims against their non-signing, non-paying roommates, but such claims would typically be covered by contract law rather than landlord tenant law.
Whether you can terminate the agreement early and the procedures you must comply with to terminate the agreement depend on the type and duration of your lease. A tenancy at will is a rental agreement that may be terminated "at the will" of either the landlord or tenant. Typically an unwritten agreement may require a brief period of notice of termination. A tenancy at sufferance is where a tenant who has no right to occupy the premises, but is tolorated by the landlord and may be terminated at the will of the landlord. Payment of rent by the tenant transforms the tenancy into an "at will" tenancy. A tenancy for year to year is a written lease with a term of at least one year. If there is no expiration date, the lease may require a notice of termination of one to three months. A tenancy from month to month is a written lease with a term of less than one year, and termination typically requires a one month notice. A tenancy from week to week is a written or unwritten lease, characterized by payment of rent on a weekly basis, which typically requires a one week notice of termination if there is no designated expiration date.
The following are Maryland statutes:
§ 8-208 REAL PROP. Written lease required; contents; prohibited
provisions; rights afforded by local law or ordinance; damages;
severability.
(a) Written leases — In general. —
(1) On or after October
1, 1999, any landlord who offers 5 or more dwelling units for rent in the
State may not rent a residential dwelling unit without using a written
lease.
(2) If a landlord fails to comply with paragraph (1) of this
subsection, the term of the tenancy is presumed to be 1 year from the
date of the tenant's first occupancy unless the tenant elects to end the
tenancy at an earlier date by giving 1 month's written notice.
(b) Same — Copy of proposed form to prospective applicants.
— A landlord who rents using a written lease shall provide, upon
written request from any prospective applicant for a lease, a copy of the
proposed form of lease in writing, complete in every material detail,
except for the date, the name and address of the tenant, the designation
of the premises, and the rental rate without requiring execution of the
lease or any prior deposit.
(c) Same — Contents. — A lease shall include:
(1) A statement that the premises will be made available in a
condition permitting habitation, with reasonable safety, if that is the
agreement, or if that is not the agreement, a statement of the agreement
concerning the condition of the premises; and
(2) The landlord's and the tenant's specific obligations as to heat,
gas, electricity, water, and repair of the premises.
(d) Same — Prohibited provisions. — A landlord may not use
a lease or form of lease containing any provision that:
(1) Has the tenant authorize any person to confess judgment on a claim
arising out of the lease;
(2) Has the tenant agree to waive or to forego any right or remedy
provided by applicable law;
(3)
(i) Provides for a penalty for the late payment of rent in excess
of 5% of the amount of rent due for the rental period for which the
payment was delinquent; or
(ii) In the case of leases under which the rent is paid in weekly
rental installments, provides for a late penalty of more than $3 per week
or a total of no more than $12 per month;
(4) Has the tenant waive the right to a jury trial;
(5) Has the tenant agree to a period required for landlord's notice
to quit which is less than that provided by applicable law; provided,
however, that neither party is prohibited from agreeing to a longer
notice period than that required by applicable law;
(6) Authorizes the landlord to take possession of the leased
premises, or the tenant's personal property unless the lease has been
terminated by action of the parties or by operation of law, and the
personal property has been abandoned by the tenant without the benefit of
formal legal process;
(7) Is against public policy and void pursuant to
§ 8-105 of this title; or
(8) Permits a landlord to commence an eviction proceeding or issue a
notice to quit solely as retaliation against any tenant for planning,
organizing, or joining a tenant organization with the purpose of
negotiating collectively with the landlord.
(e) Same — Automatic renewal provisions. —
(1) Except for a
lease containing an automatic renewal period of 1 month or less, a lease
that contains a provision calling for an automatic renewal of the lease
term unless prior notice is given by the party or parties seeking to
terminate the lease, shall have the provision distinctly set apart from
any other provision of the lease and provide a space for the written
acknowledgment of the tenant's agreement to the automatic renewal
provision.
(2) An automatic renewal provision that is not specifically
accompanied by either the tenant's initials, signature, or witnessed mark
is unenforceable by the landlord.
(f) Supplementary rights afforded by local law or ordinance. — No
provision of this section shall be deemed to be a bar to the applicability
of supplementary rights afforded by any public local law enacted by the
General Assembly or any ordinance or local law enacted by any
municipality or political subdivision of this State; provided, however,
that no such law can diminish or limit any right or remedy granted under
the provisions of this section.
(g) Prohibited provisions not enforceable; damages. —
(1) Any
lease provision which is prohibited by terms of this section shall be
unenforceable by the landlord.
(2) If the landlord includes in any lease a provision prohibited by
this section or made unenforceable by § 8-105 or
§ 8-203 of this title, at any time subsequent to July 1, 1975,
and tenders a lease containing such a provision or attempts to enforce or
makes known to the tenant an intent to enforce any such provision, the
tenant may recover any actual damages incurred as a reason thereof,
including reasonable attorney's fees.
(h) Severability. — If any word, phrase, clause, sentence, or any
part or parts of this section shall be held unconstitutional by any court
of competent jurisdiction such unconstitutionality shall not affect the
validity of the remaining parts of this section.
§ 8-212.2 REAL PROP. Tenant's liability limitations.
(a) Applicability of section. — This section does not
apply to a tenant under a residential lease that contains a
liquidated damages clause or early termination clause that:
(1) Requires written notice to vacate of 1 month or less;
and
(2) Imposes liability for rent less than or equal to
2 months' rent after the date on which the tenant vacates the
leased premises.
(b) Term of limitation. — Subject to subsection (a)
of this section and notwithstanding any other provision of
this title, if a tenant under a residential lease meets the
conditions set forth in subsection (c) of this section, the
tenant's liability for rent under the lease may not exceed
2 months' rent after the date on which the tenant vacates the
leased premises.
(c) Written certification. — To qualify for the
limitation of liability under subsection (b) of this
section, the tenant shall provide to the landlord before the
tenant vacates the leased premises:
(1) Subject to the provisions of subsection (d) of this
section, a written certification from a physician regarding
an individual who is a named party in, or an authorized
occupant under the terms of, the lease that states in
substantially the following form:
"I, (name of physician), hereby certify that my patient,
(name of patient), is no longer able to live at his or her
leased premises, (address of leased premises), because the
patient has a medical condition that:
(1) Substantially restricts the physical mobility of the
patient within, or from entering and exiting, the leased
premises; or
(2) Requires the patient to move to a home, facility, or
institution to obtain a higher level of care than can be
provided at the leased premises.
I certify further that the expected duration of the
patient's medical condition will continue beyond the
termination date of the patient's lease, which the patient
states is (termination date of lease)."; and
(2) A written notice of the termination of the lease stating
the date by when the tenant will vacate the leased premises.
(d) Same — Form. — A certification that is provided to
a landlord under subsection (c)(1) of this section shall be:
(1) Written by a physician who is licensed by the State
Board of Physicians to practice medicine in the State under
Title 14 of the Health Occupations Article;
(2) Prepared on the letterhead or printed prescription form
of the physician; and
(3) Signed by the physician.
§ 8-402 REAL PROP. Unlawful holding over beyond termination of
tenancy.
(a) Liability. —
(1) A tenant under any periodic tenancy, or at the
expiration of a lease, and someone holding under the tenant, who shall
unlawfully hold over beyond the expiration of the lease or termination of
the tenancy, shall be liable to the landlord for the actual damages
caused by the holding over.
(2) The damages awarded to a landlord against the tenant or someone
holding under the tenant, may not be less than the apportioned rent for the
period of holdover at the rate under the lease.
(3)
(i) Any action to recover damages under this section may be
brought by suit separate from the eviction or removal proceeding or in
the same action and in any court having jurisdiction over the amount in
issue.
(ii) The court may also give judgment in favor of the landlord for
the damages determined to be due together with costs of the suit if the
court finds that the residential tenant was personally served with a
summons, or, in the case of a nonresidential tenancy, there was such
service of process or submission to the jurisdiction of the court as
would support a judgment in contract or tort.
(iii) A nonresidential tenant who was not personally served with a
summons shall not be subject to personal jurisdiction of the court if
that tenant asserts that the appearance is for the purpose of defending
an in rem action prior to the time that evidence is taken by the court.
(4) Nothing contained herein is intended to limit any other remedies
which a landlord may have against a holdover tenant under the lease or
under applicable law.
(b) Notice to quit. —
(1)
(i) Where any tenancy is for any
definite term or at will, and the landlord shall desire to repossess the
property after the expiration of the term for which it was leased and
shall give notice in writing one month before the expiration of the term
or determination of the will to the tenant or to the person actually in
possession of the property to remove from the property at the end of the
term, and if the tenant or person in actual possession shall refuse to
comply, the landlord may make complaint in writing to the District Court
of the county where the property is located.
(ii)
1. The court shall issue a summons directed to any constable
or sheriff of the county entitled to serve process, ordering the
constable or sheriff to notify the tenant, assignee, or subtenant to
appear on a day stated in the summons before the court to show cause why
restitution should not be made to the landlord.
2. The constable or sheriff shall serve the summons on the
tenant, assignee, or subtenant on the property, or on the known or
authorized agent of the tenant, assignee, or subtenant.
3. If, for any reason those persons cannot be found, the
constable or sheriff shall affix an attested copy of the summons
conspicuously on the property.
4. After notice to the tenant, assignee, or subtenant by
first-class mail, the affixing of the summons on the property shall be
conclusively presumed to be a sufficient service to support restitution.
(iii) Upon the failure of either of the parties to appear before
the court on the day stated in the summons, the court may continue the
case to, a day not less than six nor more than ten days after the day
first stated and notify the parties of the continuance.
(2)
(i) If upon hearing the parties, or in case the tenant or person
in possession shall neglect to appear after the summons and continuance
the court shall find that the landlord had been in possession of the
leased property, that the said tenancy is fully ended and expired, that
due notice to quit as aforesaid had been given to the tenant or person in
possession and that the tenant or person in possession had refused so to
do, the court shall thereupon give judgment for the restitution of the
possession of said premises and shall forthwith issue its warrant to the
sheriff or a constable in the respective counties commanding the tenant
or person in possession forthwith to deliver to the landlord possession
thereof in as full and ample manner as the landlord was possessed of the
same at the time when the tenancy was made, and shall give judgment for
costs against the tenant or person in possession so holding over.
(ii) Either party shall have the right to appeal therefrom to the
circuit court for the county within ten days from the judgment.
(iii) If the tenant appeals and files with the District Court an
affidavit that the appeal is not taken for delay, and also a good and
sufficient bond with one or more securities conditioned that the tenant
will prosecute the appeal with effect and well and truly pay all rent in
arrears and all costs in the case before the District Court and in the
appellate court and all loss or damage which the landlord may suffer by
reason of the tenant's holding over, including the value of the premises
during the time the tenant shall so hold over, then the tenant or person
in possession of said premises may retain possession thereof until the
determination of said appeal.
(iv) The appellate court shall, upon application of either party,
set a day for the hearing of the appeal, not less than five nor more than
15 days after the application, and notice for the order for a hearing
shall be served on the opposite party or that party's counsel at least 5
days before the hearing.
(v) If the judgment of the District Court shall be in favor of the
landlord, a warrant shall be issued by the appellate court to the
sheriff, who shall proceed forthwith to execute the warrant.
(3)
(i) The provisions of this subsection shall apply to all cases of
tenancies at the expiration of a stated term, tenancies from year to
year, tenancies of the month and by the week. In case of tenancies from
year to year (including tobacco farm tenancies), notice in writing shall
be given three months before the expiration of the current year of the
tenancy, except that in case of all other farm tenancies, the notice
shall be given six months before the expiration of the current year of
the tenancy; and in monthly or weekly tenancies, a notice in writing of
one month or one week, as the case may be, shall be so given.
(ii) This paragraph (3), 50 far as it relates to notices, does not
apply in Baltimore City.
(iii) In Montgomery County, except in the case of single family
dwellings, the notice by the landlord shall be two months in the case of
residential tenancies with a term of at least month to month but less
than from year to year.
(4) When the tenant shall give notice by parol to the landlord or to
the landlord's agent or representatives, at least one month before the
expiration of the lease or tenancy in all cases except in cases of
tenancies from year to year, and at least three months' notice in all
cases of tenancy from year to year (except in all cases of farm tenancy,
the notice shall be six months), of the intention of the tenant to remove
at the end of that year and to surrender possession of the property at
that time, and the landlord, the landlord's agent, or representative
shall prove the notice from the tenant by competent testimony, it shall
not be necessary for the landlord, the landlord's agent or representative
to provide a written notice to the tenant, but the proof of such notice
from the tenant as aforesaid shall entitle the landlord to recover
possession of the property hereunder. This paragraph shall not apply in
Baltimore City.
(5) Acceptance of any payment after notice but before eviction shall
not operate as a waiver of any notice to quit, notice of intent to vacate
or any judgment for possession unless the parties specifically otherwise
agree in writing. Any payment accepted shall be first applied to the rent
or the equivalent of rent apportioned to the date that the landlord
actually recovers possession of the premises, then to court costs,
including court awarded damages and legal fees and then to any loss of
rent caused by the holdover. Any payment which is accepted in excess of
the foregoing shall not bear interest but will be returned to the tenant
in the same manner as security deposits as defined under
§ 8-203 of this title but shall not be subject to the penalties
of that section.
(c) Tenancy of holdover tenant remaining with landlord's consent. —
Unless stated otherwise in the written lease and initialed by the
tenant, when a landlord consents to a holdover tenant remaining on the
premises, the holdover tenant becomes a periodic week-to-week tenant if
the tenant was a week-to-week tenant before the tenant's holding over,
and a periodic month-to-month tenant in all other cases.
§ 8-402.1 REAL PROP. Repossession of premises for breach of lease.
(a) Complaint to District Court; summons to appear; notice;
continuance. —
(1)
(i) Where an unexpired lease for a stated term
provides that the landlord may repossess the premises prior to the
expiration of the stated term if the tenant breaches the lease, the
landlord may make complaint in writing to the District Court of the
county where the premises is located if:
1. The tenant breaches the lease;
2.A. The landlord has given the tenant 30 days' written notice
that the tenant is in violation of the lease and the landlord desires to
repossess the leased premises; or
B. The breach of the lease involves behavior by a tenant or a
person who is on the property with the tenant's consent, which
demonstrates a clear and imminent danger of the tenant or person doing
serious harm to themselves, other tenants, the landlord, the landlord's
property or representatives, or any other person on the property and the
landlord has given the tenant or person in possession 14 days' written
notice that the tenant or person in possession is in violation of the
lease and the landlord desires to repossess the leased premises; and
3. The tenant or person in actual possession of the premises
refuses to comply.
(ii) The court shall summons immediately the tenant or person in
possession to appear before the court on a day stated in the summons to
show cause, if any, why restitution of the possession of the leased
premises should not be made to the landlord.
(2)
(i) If, for any reason, the tenant or person in actual possession
cannot be found, the constable or sheriff shall affix an attested copy of
the summons conspicuously on the property.
(ii) After notice is sent to the tenant or person in possession by
first-class mail, the affixing of the summons on the property shall be
conclusively presumed to be a sufficient service to support restitution.
(3) If either of the parties fails to appear before the court on the
day stated in the summons, the court may continue the case for not less
than six nor more than 10 days and notify the parties of the
continuance.
(b) Judgment of District Court; appeal. —
(1) If the court
determines that the tenant breached the terms of the lease and that the
breach was substantial and warrants an eviction, the court shall give
judgment for the restitution of the possession of the premises and issue
its warrant to the sheriff or a constable commanding the tenant to
deliver possession to the landlord in as full and ample manner as the
landlord was possessed of the same at the time when the lease was entered
into. The court shall give judgment for costs against the tenant or
person in possession.
(2) Either party may appeal to the circuit court for the county,
within ten days from entry of the judgment. If the tenant (i) files with
the District Court an affidavit that the appeal is not taken for delay;
(ii) files sufficient bond with one or more securities conditioned upon
diligent prosecution of the appeal; (iii) pays all rent in arrears, all
court costs in the case; and (iv) pays all losses or damages which the
landlord may suffer by reason of the tenant's holding over, the tenant or
person in possession of the premises may retain possession until the
determination of the appeal. Upon application of either party, the court
shall set a day for the hearing of the appeal not less than five nor more
than 15 days after the application, and notice of the order for a hearing
shall be served on the other party or that party's counsel at least five
days before the hearing. If the judgment of the District Court is in
favor of the landlord, a warrant shall be issued by the court which hears
the appeal to the sheriff, who shall execute the warrant.
(c) Payments accepted after notice but before eviction. —
(1)
Acceptance of any payment after notice but before eviction shall not
operate as a waiver of any notice of breach of lease or any judgment for
possession unless the parties specifically otherwise agree in writing.
(2) Any payment accepted shall be first applied to the rent or the
equivalent of rent apportioned to the date that the landlord actually
recovers possession of the premises, then to court costs, including court
awarded damages and legal fees and then to any loss of rent caused by the
breach of lease.
(3) Any payment which is accepted in excess of the rent referred to
in paragraph (2) of this subsection shall not bear interest but will be
returned to the tenant in the same manner as security deposits as defined
under § 8-203 of this title but shall not be subject to
the penalties of that section.
§ 8-501 REAL PROP. Notice of termination of tenancy: time limits.
No written agreement between a landlord and tenant shall provide for a
longer notice period to be furnished by the tenant to the landlord in
order to terminate the tenancy than that required of the landlord to the
tenant in order to terminate the tenancy.