Mitigation of Damages

(Maryland Code, Real Property, Section 8-207)

Tips from the Experts on Breaking Your Lease

Whenever one of the following kinds of breach of a lease has occurred, the breaching party is liable for damages, and the aggrieved party has a duty to mitigate the damage he suffers:

1. landlord fails to give possession of the leased premises to tenant, or tenant fails to yield possession to the landlord; or

2. tenant fails or refuses to take possession at the beginning of the term; or

3. landlord or tenant terminates occupancy before the end of the term.

This law explicitly does not require the landlord to show or lease a prematurely vacated dwelling unit in preference to other units he is offering.

Whenever the tenant has wrongfully refused to take possession or has vacated a dwelling unit before the end of the term, the landlord may sublet the unit without prior notice to the tenant.  In that case, the tenant is liable for any damages the landlord suffers as a result of the breach.  In addition, tenant is secondarily liable for rent for the remainder of his lease term if the sublessee defaults and landlord give tenant prompt notice of the default. 

The provisions of this law cannot be waived in any lease.

Last date legally reviewed: 3/8/08 (PLL/M.A.J.)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL).