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Automatic renewal: Do I have a case?

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maodengs

Junior Member
What is the name of your state (only U.S. law)? Maryland

I am getting into the automatic renewal problem about my rental lease because I simply don't know the evergreen rule here as a newcomer in MD.
as a result I didn't do anything but have to pay another two-month rent for the breach of the automatic renewed lease.

After doing some research on this wonderful forum, I find the state law saying that


(e) (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.

Since I only signed at the bottom of the page rather than specifically at/besides this provision, do you think I have a case this time?

Thank you very much for your time.
 
Last edited:


os478

Member
Exerpt from https://www.oag.state.md.us/consumer/landlords.htm#renewals

An automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show your signature, initials or witnessed mark acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.


I would move forward with the assumption that it will be a month to month lease at the end of your term. Someone else here will say otherwise if I'm incorrect.
 

maodengs

Junior Member
Exerpt from https://www.oag.state.md.us/consumer/landlords.htm#renewals

An automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show your signature, initials or witnessed mark acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.


I would move forward with the assumption that it will be a month to month lease at the end of your term. Someone else here will say otherwise if I'm incorrect.
Thank you for your reply!

The automatic renewed lease will actually be a year long lease according what is written in the lease " The tenancy created under this lease shall continue from year to year after its expiration, subject to the same covenants, agreements, rules and regulation as are herein set forth." The reason why I pay two extra month is counted as early termination as the new year long lease.

So are you saying that the signature at the bottom of the page doesn't count as signature at the specific space for the tenant to give written acknowledgment for this automatic renewal provision? That page also includes other provisions of course.

In addition, do you think the best way to resolve it is to sue them at small claim court? I have been looking the procedure to sue the apartment. I know I need to sue the owner of the property rather than the management company. But I am not sure if I can serve the owner with the court paper. Can I serve the management company or the on site manager of my apartment instead?
 

FarmerJ

Senior Member
Property managers /Property management firms normally are the representative of the actual owner , You can list both owner and property management firm and let the court decide if for example the owner should be excused from the hearing or not.
 

os478

Member
Thank you for your reply!

The automatic renewed lease will actually be a year long lease according what is written in the lease " The tenancy created under this lease shall continue from year to year after its expiration, subject to the same covenants, agreements, rules and regulation as are herein set forth." The reason why I pay two extra month is counted as early termination as the new year long lease.
Did you pay the 2 month termination fee already? Based on that excerpt posted previously, you are considered month to month and can terminate with proper notice.
 

maodengs

Junior Member
Did you pay the 2 month termination fee already? Based on that excerpt posted previously, you are considered month to month and can terminate with proper notice.
I am sorry. I didn't get it. The automatic renewal was another one year term lease.
Are you assuming that all automatic renewal was considered month to month?
 

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