Amount of Days For Notice of Non-Renewal To Terminate Tenancies In Maryland

⚠️ Disclaimer: Read First ⚠️

I decided to create this reference because Maryland’s minimum notice of days for a notice of non-renewal to terminate tenancies for month to month tenancies recently changed from 30 days to 60 days late last year. So I figured I would create one place that I can quickly reference to determine how much notice I need to send terminate any kind of tenancy based on the current state of the law law. This reference is based on my possibly flawed interpretation of Md. Real Property Code § 8-402. I included unaltered excerpts directly from the statute so you can see where I got my opinion and interpretation from. The excerpts are italicized. But I encourage you to check it out yourself. In addition, this article is current as of February 22, 2022. The law changes overtime, so if you are reading this after February 2022 be sure to reference the law to be sure that it has not changed. This reference is not to be used as a replacement for the actual laws.

Table of Contents

1. Oral Week To Week Tenancies With No Lease
2. Week To Week Tenancies With Written Lease
3. Oral Month To Month Tenancies And Tenancies Greater Than One Week With No Lease
4. Month To Month Tenancies and Tenancies Greater Than One Week With Lease
5. Year To Year Tenancies And Tobacco Farm Tenancies
6. All Other Farm Tenancies
7. If a Tenant Gives Notice of Non-Renewal (Except Baltimore City)
8. If Landlord Receives Notice of Intent To Foreclose
9. Squatters
10. Are Attorney Drafted Notices of Non-Renewal More Effective?

How Much Notice is Required To Terminate Oral Week To Week Tenancies With No Lease In Maryland?

21 days notice of non-renewal before the expiration of the tenancy.

If the parties do not have a written lease, 21 days before the expiration of the tenancy.

How Much Notice is Required to Terminate Week To Week Tenancies With a Written Lease Agreement in Maryland?

7 days before the expiration of the tenancy.

If the parties have a written lease, 7 days before the expiration of the tenancy;

How Much Notice Is Required To Terminate Oral Month To Month Tenancies And Tenancies Greater Than One Week With No Lease Agreement In Maryland?

60 days before the expiration of the tenancy.

“If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy.”

How Much Notice Is Required To Terminate Month To Month Tenancies and Tenancies Greater Than One Week With a Written Lease Agreement in Maryland?

60 days before the expiration of the tenancy.

“If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy.”

How Much Notice Is Required To Terminate Year To Year Tenancies and Tobacco Farm Tenancies In Maryland?

90 Days prior to to expiration of the current year tenancy.

“In the case of tenancies from year to year, including tobacco farm tenancies from year to year but excluding all other farm tenancies from year to year, 90 days before the expiration of the current year of the tenancy.”

How Much Notice Is Required To Terminate All Other Farm Tenancies in Maryland

180 days before expiration of the current year of the tenancy.

“In the case of tenancies from year to year for all other farm tenancies, 180 days before the expiration of the current year of the tenancy.”

How Much Notice Is Required If If a Landlord Relies on a Notice of Non-Renewal Given By The Tenant? (Except Baltimore City)

• 30 days notice in all tenancies except year to year.
• 90 days notice for years to year tenancies.
• 180 days notice if farm tenancy.

To be clear the landlord is not required to send a notice and can rely on the one sent by the tenant. The timings above are based on the time the tenant gave notice.

This does not apply in Baltimore City.

“When the tenant shall give notice by parol to the landlord or to the landlord’s agent or representatives, at least 30 days before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 90 days’ notice in all cases of tenancy from year to year (except in all cases of farm tenancy, the notice shall be 180 days), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the landlord, the landlord’s agent, or representative shall prove the notice from the tenant by competent testimony, it shall not be necessary for the landlord, the landlord’s agent or representative to provide a written notice to the tenant, but the proof of such notice from the tenant as aforesaid shall entitle the landlord to recover possession of the property hereunder.”

How Much Notice is Required To Terminate Tenancy If a Landlord Receives a Notice of Intent To Foreclose?

• 30 Days before expiration of lease for month to month or week to week tenancies.
• 60 days before expiration of lease for year to year tenancies.

Does not apply If any of the following apply:

• Property is located in Baltimore City or Montgomery County;
• Property is owned by a landlord that owns 5 or more properties;
• The property is subject to an order to docket in a foreclosure action.

This paragraph does not apply to a property that is:

• In Baltimore City or Montgomery County;
• Owned by a landlord who offers 5 or more residential dwelling units for rent in the State; or
• Subject to an order to docket under § 7–105.1(e) of this article (foreclosure case.

This paragraph does not apply to a property that is:

1. In Baltimore City or Montgomery County;

2. Owned by a landlord who offers 5 or more residential dwelling units for rent in the State; or

3. Subject to an order to docket under § 7–105.1(e) of this article.

(ii) If a landlord receives notice of an intent to foreclose on the property under § 7–105.1(c)(1) of this article and desires to terminate the tenancy, the landlord shall provide written notice of the intent to terminate a tenancy:

1. At least 30 days before the expiration of the lease in cases of tenancies from month to month or tenancies from week to week; or

2. At least 60 days before the expiration of the lease in cases of tenancies from year to year.

Squatters

0 Days.

No notice is required. But I like to send a notice to vacate anyways so I have evidence that I asked them to leave when I go to Court.

Are Attorney Drafted Notices of Non-Renewal More Effective?

No. The same amount of notice to terminate is required whether you send it yourself or hire an attorney to do it. However, a tenants perception of a notice may be different if they receive it from an attorney. If you are interested in an attorney drafted notice of non-renewal do not hesitate to contact Attorney Pendergraft.