A Maryland 90 Day Notice To Vacate is letter which complies with state legal requirements to terminate a year-to-year lease. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.
When To Use a Maryland 90 Day Notice To Vacate
A Maryland 90-Day Notice To Vacate ends a year-to-year lease. Both the landlord and tenant may deliver this form of notice.
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 90 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 90 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
- Electronic notice via email, text message, or electronic tenant portal, ONLY when the tenant has agreed to such method of service
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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A landlord shall provide written notice of the intent to terminate a 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. Source Link - 2 Md. Code, Real Prop. § 8-401(c)(1) & (c)(2)
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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.
Source Link - 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.
Source Link