A Maryland 14 Day Notice To Vacate is letter which complies with state legal requirements to begin eviction against a tenant for demonstrating a clear and present danger of serious harm toward other persons or themselves. The tenant must move out of the premises within fourteen (14) calendar days of receiving notice.
When To Use a Maryland 14 Day Notice To Vacate
A Maryland 14 Day Notice To Vacate begins the eviction process when a tenant demonstrates a clear and imminent danger of serious harm to other persons or themselves.
Some types of Maryland lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Maryland 14 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Maryland 14 Day Notice To Vacate
Maryland law for delivering a written eviction notice is only specific on delivery method when it comes to nonpayment of rent. The methods accepted in this context will, however, be legally sufficient for most other evictions such as a Notice To Vacate:
- Delivery by first class mail with a certificate of mailing
- Posting the notice on the door of the the premises
- Electronic notice via email, text message, or electronic tenant portal, ONLY when the tenant has agreed to such method of service
Electronic notice must provide the landlord with proof of transmission of the notice (e.g. a read receipt on a text message). Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 MD. Real Property Code Ann. § 8-402.1
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The breach of the lease involves behavior by a tenant or a person who is on the property with the tenant’s consent, which demonstrates a clear and imminent danger of the tenant or person doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property and the landlord has given the tenant or person in possession 14 days’ written notice that the tenant or person in possession is in violation of the lease and the landlord desires to repossess the leased premises; and
The tenant or person in actual possession of the premises refuses to comply.
Source Link - 2 Md. Code, Real Prop. § 8-401(c)
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(1) Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant. (2) The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is: (i) Sent by first-class mail, certificate of mailing; (ii) Affixed to the door of the premises; or (iii) If elected by the tenant, sent by electronic delivery in at least one of the following forms: 1. An e-mail message; 2. A text message; or 3. Through an electronic tenant portal. - 3 Md. Gen. Provi. 1-203(c)
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Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, three days shall be added to the prescribed period.
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