Can a Tenant or Landlord Rescind or Revoke a Notice To Vacate in Maryland?
The short answer is no. Because it would be unfair to allow a landlord or tenant to rescind or revoke a notice to vacate without the consent the other party. I do include some caveats in the conclusion.
In a landlord-tenant situation, once one party sends a notice to vacate, the other party has to spend time and effort to deal with the consequences of that decision. They make anticipatory efforts in anticipation of the other party upholding their word, and if they don’t then these efforts become wastes and unnecessary expenses, or even costly obligations. To illustrate what I mean I’ll first explain how it’s unfair to tenants for landlords to be allowed to rescind or revoke a notice to vacate and then vice-versa (why it is unfair to tenants).
Why Landlords Can’t Rescind or Revoke a Notice To Vacate In Maryland in Maryland
What if a landlord sent a tenant a 60 day notice to vacate, but then rescinded it on day 53 because they decided they changed their mind and want to continue the lease? By then, the tenant has already entered into a new lease and paid money to move and store their belongings. It would be unfair if a landlord could revoke the notice to vacate and put the tenant in the position to have to pay two leases. For that reason landlords cannot rescind notices to vacate.
Why Tenants Can’t Rescind a Notice To Vacate In Maryland
In the same manner, if a tenant gave a landlord a notice to terminate tenancy then the landlord would have to spend efforts to market and relet the property. Landlords often enter into contracts with new tenants that begin the day after the current tenants lease expires. If the tenant does not leave, then the new tenants will be cuckolded out of living space they legally contracted for. The new tenants can sue the landlord for this. For that reason it’s unfair to allow tenants to revoke or rescind a notice to vacate.
Conclusion and Caveats
The first caveat is more so common sense then a caveat. If the other party accepts the rescission of the notice then it is effective. This is because parties can agree to modifications. The second caveat is if the lease agreement stipulates that the party can rescind. A clause like that may be found in a commercial lease agreement, but I’ve never seen one in a residential lease. Notwithstanding the caveats, tenants and landlords are not allowed to rescind a notice to vacate because it would be unfair to the other party.
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