A Maryland month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement 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 agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have 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 ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
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 the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
- Ratio Utility Billing Disclosure – Landlords must disclose billing details when renting out a unit with a shared utility meter which uses a ratio billing system.
- Security Deposit Receipt – Maryland landlords collecting a security deposit must give a receipt to the tenant. This must contain 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. The disclosure confirms the tenant’s duty to pay, but also the tenant’s right to receive receipts for charges.
- Statement of Habitation Disclosure – Maryland landlord must disclose all issues with habitability in any property they rent. Leases also must agree 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 end a month-to-month lease with at least 60 days of advance notice, written notice only. A tenant, however, may end a month-to-month lease with 30 days of advance notice, which may be verbal.
In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Required Notice To Raise the Rent on a Maryland Month-to-Month Lease
Maryland doesn’t set a specific timeframe for rent increases. 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. In Maryland, this is 60 days.
Maryland requires written notice to increase the rent.
Eviction in Maryland Month-to-Month Rentals
Maryland tenants may get evicted if they violate lease terms or stay 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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