Maryland 30 Day Notice to Comply or Vacate

A Maryland 30 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for lease violations, such as failure to comply with health and safety regulations. The tenant must take appropriate corrective action or move out within thirty (30) calendar days of receiving notice.

When To Use a Maryland 30 Day Notice To Comply or Vacate

A Maryland 30 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:

Failure to comply with health and safety rules
Interference with the quiet enjoyment of neighbors
Damaging the rental premises
Occupancy violation
Other violations of the lease

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 30 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or 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, along with the corrective action(s) necessary to avoid termination
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 30 Day Notice To Comply or 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 Comply or 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.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 MD. Real Property Code Ann. § 8-402.1: Where an unexpired lease for a stated term provides that the landlord may repossess the premises prior to the expiration of the stated term if the tenant breaches the lease, the landlord may make complaint in writing to the District Court of the county where the premises is located if:

1. The tenant breaches the lease;

2. The landlord has given the tenant 30 days’ written notice that the tenant is in violation of the lease and the landlord desires to repossess the leased premises.
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2 Md. Code, Real Prop. § 8-401(c): (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.

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3 Md. Gen. Provi. 1-203(c): 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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