A Maryland lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of Maryland Lease Termination Notice Forms
Notice Form | Lease Length |
7 Day Notice To Vacate | Weekly – Written Lease |
21 Day Notice To Vacate | Weekly – No Written Lease |
30 Day Notice To Vacate | Monthly / Less than 1 Year |
60 Day Notice To Vacate | Monthly / Less than 1 Year |
90 Day Notice To Vacate | Yearly |
Maryland 7 Day Notice To Vacate
A Maryland 7 Day Notice To Vacate terminates a week-to-week tenancy with a written lease. The non-terminating party must receive notice at least seven (7) calendar days before the termination date.
Maryland 21 Day Notice To Vacate
A Maryland 21 Day Notice To Vacate terminates a week-to-week tenancy with no written lease. The non-terminating party must receive notice at least twenty-one (21) calendar days before the termination date.
Maryland 30 Day Notice To Vacate
A Maryland 30 Day Notice To Vacate terminates a tenancy longer than one (1) week, but less than one (1) year, including a month-to-month lease, an expired lease, and a situation without a written lease where the tenant pays rent monthly. It also serves as a notice of non-renewal for a lease. The non-terminating party must receive the notice at least thirty (30) calendar days before the termination date.
Maryland 60 Day Notice To Vacate
A Maryland 60 Day Notice To Vacate terminates a tenancy longer than one (1) week, but less than one (1) year, including a month-to-month lease, an expired lease, and a situation without a written lease where the tenant pays rent monthly. The tenant must receive the notice at least sixty (60) calendar days before the termination date.
Maryland 90 Day Notice To Vacate
A Maryland 90 Day Notice To Vacate terminates a year-to-year lease. The non-terminating party must receive notice at least ninety (90) calendar days before the termination date.
How To Write a Lease Termination Notice in Maryland
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, 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 Calculate Expiration Date in Maryland
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Maryland
Maryland law is not specific on requirements for delivering a lease termination notice, 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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In the case of tenancies from week to week:
1. If the parties have a written lease, 7 days before the expiration of the tenancy. Source Link - 2 MD. Real Property Code Ann. § 8-402
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In the case of tenancies from week to week:
If the parties do not have a written lease, 21 days before the expiration of the tenancy. Source Link - 3 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 - 4 MD. Real Property Code Ann. § 8-402
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Notice from Landlord: If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy.
Source Link - 5 MD. Real Property Code Ann. § 8-402
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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 - 6 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 - 7 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. - 8 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