(a) The aggrieved party in a breach of a lease has a duty to mitigate damages if the damages result from the landlord’s or tenant’s:
(1) Failure to supply possession of the dwelling unit;
(2) Failure or refusal to take possession at the beginning of the term; or
(3) Termination of occupancy before the end of the term.
(b) The provisions of subsection (a) of this section do not impose an obligation to show or lease the vacated dwelling unit in preference to other available units.
(c) If a tenant wrongly fails or refuses to take possession of or vacates the dwelling unit before the end of the tenant’s term, the landlord may sublet the dwelling unit without prior notice to the tenant in default. The tenant in default is secondarily liable for rent for the term of the tenant’s original agreement in addition to the tenant’s liability for consequential damages resulting from the tenant’s breach, if the landlord gives the tenant prompt notice of any default by the sublessee.
(d) No provision in this section may be waived in any lease.
Structure Maryland Statutes
Subtitle 2 - Residential Leases
Section 8-201 - Applicability of Subtitle
Section 8-202 - Lease Option Agreements
Section 8-203 - Security Deposits
Section 8-203.1 - Security Deposit Receipt
Section 8-204 - Covenant of Quiet Enjoyment
Section 8-205 - Landlord to Give Tenant Receipt
Section 8-205.1 - Payments for Water or Sewer Utility Services to Landlord
Section 8-206 - Retaliatory Evictions in Montgomery County
Section 8-208.1 - Retaliatory Actions
Section 8-208.2 - Retaliatory Actions for Informing Landlord of Lead Poisoning Hazards
Section 8-208.3 - Landlord to Maintain Record of Rent Paid
Section 8-210 - Information to Be Posted or Provided by Landlord
Section 8-211 - Repair of Dangerous Defects; Rent Escrow
Section 8-211.1 - Failure of Lessor to Remove Lead-Based Paint; Rent Escrow
Section 8-212.1 - Liability of Military Personnel Receiving Certain Orders
Section 8-212.2 - Limitation of Liability of a Tenant for Rent
Section 8-212.3 - Deduction From Rent for Utility Payments by Tenant Owed by Landlord
Section 8-213 - Applications for Leases; Deposits
Section 8-214 - Keeping of Household Pets by Elderly Persons in Montgomery County
Section 8-215 - Termination of Lease for Failure to Comply With Applicable Risk Reduction
Section 8-216 - Prohibition on Nonjudicial Evictions by Willful Diminution of Services