Termination of Tenancy by Landlord

(Maryland Code, Real Property, Sec. 8-402)

For laws specific to Baltimore City, refer to Public Local Laws of Baltimore City

NOTE:  The following requirements relating to length of notice from the landlord do not apply in Baltimore City.  In Montgomery County, for all residential units leased on a month-to-month or longer basis but less than year-to-year, notice from the landlord must be given at least two months before the end of the month or other term, except that in the case of single family dwellings, the notice requirements summarized below apply.

• In the case of weekly tenancies, notice must be given in writing at least one week before the end of the week when tenant is to leave.

• In the case of tenancies by the month, notice must be given in writing at least one month before the end of the month when tenant is to leave.

• 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.  Other farm tenancies require six months' notice before the end of the lease year.

• 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.

• In tenancies at will (no fixed term), one month's notice must be given in writing.

The notice periods listed above are the minimum periods required by law if the landlord is to be eligible to seek assistance from the court in evicting a tenant who does not comply with the notice to leave (a tenant "holding over").

Tenant may not waive his right to receive the prescribed minimum notice

However, either landlord or tenant, or both, may agree to give a longer period than that required by law (Real Property, Section 8-208(a)(5)), provided that in a written lease, the notice to be given by tenant to landlord may not be longer than the notice to be given by landlord to tenant (Real Property, Section 8-501).

In the following instances, landlord does not need to give tenant the written termination notice, provided landlord can prove the oral notice from the tenant "by competent testimony" (Sec.8-402 (b)(5))

A tenancy from year to year, tenant gave to landlord or his representative at least 3 months' oral termination notice before the end of the year (in all farm tenancies, the notice from tenant must have been 6 months), or

In all other cases, tenant gave to landlord or his representative an oral termination notice at least one month before the end of the lease.

Last date legally reviewed: 3/17/08 (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).

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