A Maryland eviction notice form for lease violations is a written document that states a tenant has 30 days to vacate the premises. There are other notice forms for other possible grounds for eviction in Maryland.
Types of Maryland Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Lease Violation | 14/30-Day | No |
Lease Termination | 7/30/90-Day | No |
NOTE: According to Maryland law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease or rental agreement. No prior written notice is required for landlords who want to evict tenants for failing to pay rent; however, if tenants pay all past-due rent prior to being forcibly removed from the rental unit, the eviction process will be stopped.
14/30-Day Notice to Quit (Non-Compliance)
A tenant can be evicted in Maryland if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Maryland landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 30-Day Notice to Quit, giving the tenant 30 days to move out of the rental unit.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy. Note that illegal activity may be included in this category.
Landlords are only required to give tenants 14 days’ written notice if they are involved in activity that could endanger or cause serious harm to themselves, other tenants, the landlord, or the landlord’s property.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. The notice should include the fact that the landlord desires to repossess the rental unit and the tenant is in violation of the lease.
Get the downloadable 14/30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30/90-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Maryland, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Year-to-Year – If the tenancy is from year to year, a landlord must provide the tenant with a 90-Day Notice to Quit.
These notice periods don’t apply to the city of Baltimore or to Montgomery County. In Montgomery County, tenancies that are at least month-to-month but less than year-to-year must be given 2 months’ written notice prior to termination.
If the tenant remains on the property after the notice period (if any) expires, the landlord may proceed with the eviction process. The notice should include the date the tenancy will terminate.
Get the downloadable 7/30/90-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in Maryland Eviction Notices
Maryland state law doesn’t specify at the state level what information must be included for all eviction notices. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Maryland
Maryland doesn’t specify at the state level how eviction notices must be delivered. It’s always best to give the notice to the tenant in person when possible. Landlords and tenants should check with their local city/county governments to determine if there are any other acceptable service methods.
Eviction Process in Maryland
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If granted, Writ of Restitution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Maryland, click here.
Sources
- 1 MD Real Prop Code §8-402.1 (2020)
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(a)(1)(i)2.A. The landlord has given the tenant 30 days’ written notice…or B. The breach of the lease involves behavior by a tenant…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…
- 2 MD Real Prop Code §8-402.1 (2020)
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(a)(1)(i)2.A. …that the tenant is in violation of the lease and the landlord desires to repossess the leased premises…
- 3 MD Real Prop Code §8-402 (2020)
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(b)(3)(i) …In case of tenancies from year to year…notice in writing shall be given three months before the expiration of the current year of the tenancy…and in monthly or weekly tenancies, a notice in writing of one month or one week, as the case may be, shall be so given.
- 4 MD Real Prop Code §8-402 (2020)
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(b)(3)(ii) This paragraph…does not apply in Baltimore City. (iii) In Montgomery County, except in the case of single family dwellings, the notice by the landlord shall be two months in the case of residential tenancies with a term of at least month to month but less than from year to year.