A Maryland month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Maryland Month-to-Month Rental Agreement
In Maryland, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Maryland landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Maryland
Maryland landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Ratio Utility Billing Disclosure – Landlords renting a unit with a shared utility meter that uses a ratio billing system must disclose in detail how such utilities are billed for the property.
- Security Deposit Receipt – Maryland landlords collecting a security deposit must give a receipt to the tenant, containing specific information about the tenant’s rights regarding security deposits.
- Water and Sewage Utility Obligation Disclosure – Maryland landlords must provide a disclosure when charging tenants directly for water or sewage service, specifying the tenant’s obligation to pay but also the tenant’s right to receive receipts for charges.
- Statement of Habitation Disclosure – Landlord must, in all leases, describe any habitability defects on the property, and agree with the tenant on who will remedy outstanding issues.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Maryland
Maryland lets a landlord terminate a month-to-month lease with at least 60 days of advance notice, written notice only. A tenant, however, may terminate a month-to-month lease with 30 days of advance notice, which may be verbal.
In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Required Notice To Raise the Rent on a Maryland Month-to-Month Lease
Maryland requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Maryland is 60 days.
Eviction in Maryland Month-to-Month Rentals
Maryland tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Maryland typically take one to five months.
For more information on the eviction process in Maryland, click here.
Sources
- 1 Md. Real Prop. § 8-402(c)(2)
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Except as provided in paragraphs (3) [special tenant rules] and (4) [special rules for foreclosure] of this subsection, a landlord shall provide written notice of the intent to terminate a tenancy:
(i) 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;
(ii) 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;
(iii) In the case of tenancies from year to year for all other farm tenancies, 180 days before the expiration of the current year of the tenancy; and
(iv) 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; or
2. If the parties do not have a written lease, 21 days before the expiration of the tenancy.
Source Link - 2 Md. Real Prop. § 8-402(c)(3)
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When the tenant shall give notice by parol [i.e. verbally] 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, and at least 90 days’ notice in all cases of tenancy from year to year (except in all cases of farm tenancy, the notice shall be 180 days), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the landlord, the landlord’s agent, or representative shall prove the notice from the tenant by competent testimony, it shall not be necessary for the landlord, the landlord’s agent or representative to provide a written notice to the tenant, but the proof of such notice from the tenant as aforesaid shall entitle the landlord to recover possession of the property hereunder.
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