Taking Possession of an Apartment 

Maryland law requires a landlord to assure that the tenant will have possession of the premises at the beginning of the term. If the landlord fails to do this, the landlord will be in breach of the Covenant of Quiet Enjoyment, and the tenant will not owe any rent until he is able to take possession. Also, before the apartment is ready for occupancy, the tenant may cancel the lease if he so desires by giving written notice to the landlord. Then, the landlord will be required to return all money he has received from the tenant. More important, the tenant can hold the landlord responsible for any resulting financial loss he suffers. For example, while the incoming tenant must make every reasonable effort to lessen his damage, if he has no place to go and has put his furniture in storage and must go to a motel until he can find another rental, the incoming tenant can hold the landlord responsible for his financial loss. The landlord in turn can hold the current tenant who refuses to leave responsible for any damage the landlord suffers because the tenant refused to leave at the end of his tenancy. It should be noted that although the landlord has claimed there is nothing he can do when the present tenant refuses to move, this is incorrect. The landlord can give the tenant a proper notice to move - if he hasn't already done so - and at the expiration of the notice period, he can take the tenant to District Court as a Tenant Holding Over. This process, however, may take several months, and this is usually longer than most new tenants wish to wait to gain possession
 

Source: The question and answers have been developed by Baltimore Neighborhoods Inc. (BNI), and the Legal Aid Bureau (LAB) as noted next to the links.  Updated by the Maryland State Law Library (MSLL).

Last date legally reviewed: 3/17/08 (PLL/M.A.J)

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