Last page edit 03/12/08

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Right to Possession at Beginning of the Term

(Maryland Code, Real Property, Section 8-204)

The landlord is required to assure that the tenant may have possession of the premises at the beginning of the lease term.

If the landlord fails to provide tenant with possession at the beginning of the term, tenant will not owe any rent until he is able to take possession.  If tenant chooses, he may cancel the lease if he so notifies the landlord in writing before he is able to take possession of the premises.  The landlord must then return to tenant any money or property given as security deposit, prepaid rent, or other deposit.

In either event, whether tenant terminates the lease or not, he may collect from the landlord any consequential (resulting) damages he actually suffered after he notified the landlord that he was unable to take possession.  (It should be noted that the tenant must try to minimize his losses.  See "Mitigation of Damages".)

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

Last date legally reviewed: 3/12/08 (PLL/M.A.J.)

 

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