Landlord won’t give copy of lease & I need to move out

[ALichtenstein]

Hello! I live in Baltimore City, Maryland and signed the lease for my apartment on 9/1/2013. I thought I received a copy of my lease at that time, but did not; all I received was a copy of my tenant responsibilities. I have not signed another lease since that date. I am now in the process of buying a home and will need to move in a couple months. I’ve asked my landlord twice to provide a copy of my lease, which she said she would do, but I have not received anything as of yet. My strong feeling is that she lost it. Last year she verbally said that if I needed to break my lease, I would need to give 60 days written notice. I want to follow the lease terms regarding breaking the lease, but since I can’t see the lease, I don’t know what those terms are. How should I best resolve this situation?

Thank you,
Amy

 

[xylene]

Your landlord has offered generous terms.

Be sure she accepts it and releases your from the lease IN WRITING.

Safeguard that somewhere safe, ideally outside your home so you don't lose it moving.

 

[Zigner]

You do understand that you are presently a month-to-month tenant, right?

 

[xylene]

You do understand that you are presently a month-to-month tenant, right?

do you know if the lease has an auto renewal clause or not? It is legal in MD.

 

[adjusterjack]

If neither of you can produce a document showing termination notice requirements then you rely on Baltimore City Code:

9-16. Tenant’s notice to quit. Any of the tenancies mentioned in Sections 9-11, 9-12, and 9-13 may be terminated by the tenant’s giving notice to the landlord thirty (30) days previous to the end of the year, or other period for which he holds the same.

http://ca.baltimorecity.gov/codes/02 - PLL.pdf#page=51

For example, if your rent is due on Dec 1 and you want to move out by the end of Dec you give your written notice to the landlady any time between now and the end of Nov.

Frankly, that you didn't get a copy of the lease when you signed it is on you. Never sign anything without getting a copy on the spot.

 

[Zigner]

Send a written request for a copy of the lease.

 

[FarmerJ]

I agree about getting it in writing , SO maybe you will want to type up a simple letter she can sign that says she agrees to release you from your lease with her as of X date ( 60 days ) letter should have your name , hers , the address you rented from her and the date and the magic words that say she agrees to release you from your lease with her as of X date ( 60 days ) If she wont and you don't recall if your lease had a automatic renewal clause and she finds it then she is free to sue you for the amount of time it takes her to replace you , SO if it took her say 9 weeks to get a new tenant in then she can sue you for 9 weeks of rent and she will have to produce the original lease to show a court that it auto renewed for a whole year at a time for every year since. ( did your rent increase since 2013 and how were you told of the increase ? ) if she agrees to the release then your done even if she finds the 2013 lease copy) Make sure to clean from at to Z and take exit pictures of the final condition of the place )

 

[ALichtenstein]

I agree about getting it in writing , SO maybe you will want to type up a simple letter she can sign that says she agrees to release you from your lease with her as of X date ( 60 days ) letter should have your name , hers , the address you rented from her and the date and the magic words that say she agrees to release you from your lease with her as of X date ( 60 days ) If she wont and you don't recall if your lease had a automatic renewal clause and she finds it then she is free to sue you for the amount of time it takes her to replace you , SO if it took her say 9 weeks to get a new tenant in then she can sue you for 9 weeks of rent and she will have to produce the original lease to show a court that it auto renewed for a whole year at a time for every year since. ( did your rent increase since 2013 and how were you told of the increase ? ) if she agrees to the release then your done even if she finds the 2013 lease copy) Make sure to clean from at to Z and take exit pictures of the final condition of the place )

Thank you! This is very helpful advice. She increased my rent a small amount in 2017 and I agreed to that increase over the phone. I didn’t sign any other documents at that time. This release letter sounds like a good idea and I will definitely take those exit pictures.

 

[ALichtenstein]

Send a written request for a copy of the lease.

Thank you

 

[ALichtenstein]

If neither of you can produce a document showing termination notice requirements then you rely on Baltimore City Code:



http://ca.baltimorecity.gov/codes/02 - PLL.pdf#page=51

For example, if your rent is due on Dec 1 and you want to move out by the end of Dec you give your written notice to the landlady any time between now and the end of Nov.

Frankly, that you didn't get a copy of the lease when you signed it is on you. Never sign anything without getting a copy on the spot.

Thank you for the information about the Baltimore City Code. That’s very helpful. Yes, I’m now well aware that I should’ve gotten a copy of the lease when I signed it. Unfortunately I was getting out of a domestic violence situation at that time and wasn’t thinking clearly.

 

[ALichtenstein]

do you know if the lease has an auto renewal clause or not? It is legal in MD.

Unfortunately I do not know if the lease has an auto renewal clause.

 

[ALichtenstein]

Your landlord has offered generous terms.

Be sure she accepts it and releases your from the lease IN WRITING.

Safeguard that somewhere safe, ideally outside your home so you don't lose it moving.

Thank you