A Maryland 30 Day Notice to Vacate is a letter that complies with state legal requirements to terminate a tenancy of more than one (1) week, but less than one (1) year, including a month-to-month lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a Maryland 30 Day Notice To Vacate
A Maryland 30 Day Notice To Vacate terminates the following types of tenancy:
- A tenancy of more than one (1) week, but less than one (1) year, including a month-to-month lease
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
- A lease where the tenant wants to give notice of non-renewal (mostly tenant only, landlord must give additional notice except for tenancies under one (1) year in Montgomery County)
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 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
- 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 Vacate
Maryland law is not specific on requirements for delivering a Notice To Vacate, but state eviction and rent increase laws provide the following methods as the legal gold standard:
- 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
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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.
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. Code, Real. Prop. § 8-209(b)(1) & (b)(2)
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(1) A landlord shall notify a tenant in writing before increasing the tenant’s rent.
(2) (i) The notice required under paragraph (1) of this subsection shall:
1. Be sent by first-class mail with a certificate of mailing; or
2. If elected by the tenant, sent by electronic delivery in at least one of the following forms: A. An e-mail message; B. A text message; or C. Through an electronic tenant portal.
Source Link - 4 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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