PROPER NOTICE

(Maryland Code, Real Property Sec. 8-208 (a) (5) and Sec. 8-501)

Tip from the Experts on Proper Notice

Many tenants and landlords, especially those involved with month to month oral tenancies, have no idea that a proper written notice is required to change the terms of the tenancy, i.e., to end the lease, to raise the rent, etc.  Many tenants and landlords fail to read the lease carefully or have forgotten the requirements for notice. 

The length of notice from landlord to tenant to terminate the tenancy as required by state law is as follows: 

1) In the case of weekly tenancies, notice must be given in writing at least one week before the end of week when tenant is to leave; 
2) In the case of tenancies by the month, notice must be given in writing at least one month before the end of month when tenant is to leave; 
3) In the case of tenancies from year to year, including tobacco farm tenancies, notice in writing must be given at least three months before the end of the current year of the tenancy.  (All other farm tenancies require six months’ notice before the end of the lease year.) 
4) In tenancies for a definite term (no provision for renewal), notice in writing must be given at least one month before the end of the term; 
5) In tenancies at will (no fixed term), one month’s notice must be given in writing.

The periods of notice listed above are the minimum periods required by law, and the tenant may not waive his right to receive the prescribed minimum.  However, either landlord or tenant, or both, may agree to give a longer notice period than that required by law.  A written lease may not require that the notice period given by the tenant is longer that the notice period given by the landlord.

Baltimore City law requires the landlord to give at least 60 days’ written notice before the end of the year, month, or week when the tenant is to leave.  The tenant normally has to give only a 30 day written notice. 

Outside of Baltimore City, the state law requires the landlord to give a minimum written notice of a week for a weekly tenancy and a month for a monthly tenancy.  The tenant is required to give a minimum written notice which is reasonable.  We presume such a notice would be what the landlord is required to give.

The day of delivery is not counted as part of the notice time.  Notices should always be given with time to spare, because being one day late can invalidate the notice.  The notice may be hand delivered or sent by mail early enough to be delivered in time.  The courts generally presume delivery three days after mailing.

A landlord may give a written 30 day breach of lease notice which states the alleged cause, anytime during the tenancy.  In Baltimore City the notice must be given before the end of the week or month that the landlord wants the tenant to leave.  Outside of Baltimore City, the landlord can give an immediate written 30 day breach notice.  The tenant, of course can contest the notice.

A lease, either written or oral, is a contract which gives rise to the relationship of landlord and tenant.  The law of contracts provides that the terms of a contract may not be modified by one party without the assent of the other party; and an agreement to modify a contract must be supported by consideration (something of value).

Therefore, during the term of a lease, its provisions may not be unilaterally changed by the landlord (for example, by increasing the rent, or requiring tenant to pay for water or other utilities) unless tenant agrees and receives for his agreement something that he was not already entitled to. 

If the landlord wishes to increase the rent or change other conditions of the tenancy, he must wait until expiration of the existing lease, and negotiate a new lease with the new conditions.

The notice of a rent increase is similar to a notice to terminate the existing lease, and must comply with the laws relating to the notice required to terminate a tenancy.

Last date legally reviewed: 3/18/03 (PLL/M.A.J.)

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