Termination and Modification of Tenancy
Topics on this page:
- Required Notice
- Termination of Tenancy for Fire or Unavoidable Accident
- Termination of Tenancy by Tenant
- Termination of Tenancy by Landlord
- Death of Landlord or Tenant
- Modifying Lease
- Sample Lease Cancellation Agreement
Required Notice
In nearly all cases, written notice is required for a landlord or a tenant to terminate a tenancy, even month-to-month oral tenancies. Usually, the lease will specify the notice that is required. The periods of notice listed below are the minimum periods required by law and the tenant may not waive their right to receive the prescribed minimum. However, either landlord or tenant, or both, may agree to give a longer notice period than that required by law except that a written lease may not require that the notice period given by the tenant is longer than the notice period given by the landlord.
NOTE: The day of delivery is not counted as part of the notice time. If the notice is sent by mail, it should be mailed early enough to be delivered in time; the courts generally presume delivery 3 days after mailing.
The length of notice from landlord to tenant to terminate the tenancy as required by state law is as follows:
- Landlord-tenant have a written lease for a stated term in excess of one week (or a tenancy from month to month): 60 Days
- Landlord-tenant agreements for a periodic term of year to year (including tobacco farm tenancies from year to year): 90 Days
- Landlord-tenant agreements for all other farm tenancies for a periodic term of year to year: 180 Days
- Landlord-tenant have a written lease for a periodic term of week to week: 7 Days
- Landlord-tenant do not have a written lease for a periodic term of week to week: 21 Days
The notice periods listed above are the minimum periods required by law if the landlord is to be eligible to seek assistance from the court in evicting a tenant who does not comply with the notice to leave (a tenant "holding over"). A tenant may not waive their right to receive the prescribed minimum. Be aware that your city and/or county may impose different time periods. There may also be exceptions to these required notice periods. For example, shorter notice periods may apply to certain landlords who receive a notice of intent to foreclose on the property.
Note: Baltimore City has different notice requirements. For more information, see the article on Baltimore City Rental and Housing Laws
Read the Law: Md. Code, Real Property § 8-208
Read the Law: Md. Code, Real Property §§ 8-208(d)(5), 8-501, 8-402
If improvements on property rented for a term of less than seven years become uninhabitable because of fire or unavoidable accident, the tenancy terminates, and all liability for rent stops starting on the day of fire or unavoidable accident.
Read the Law: Md. Code, Real Property §8-112
The notice should be in writing. In the following instances, landlord does not need to give tenant the written termination notice, provided landlord can prove the oral notice from the tenant "by competent testimony"
- A tenancy from year to year, tenant gave to landlord or his representative at least 90 days' oral termination notice before the end of the year (in all farm tenancies, the notice from tenant must have been 180 days), or
- In all other cases, tenant gave to landlord or his representative an oral termination notice at least 30 days before the end of the lease.
The day of delivery is not counted as part of the notice time. Notices should always be given with time to spare, because being one day late can invalidate the notice. The notice may be hand delivered or sent by mail early enough to be delivered in time. The courts generally presume delivery three days after mailing.
A landlord may give a written 30 day breach of lease notice which states the alleged cause, anytime during the tenancy. In Baltimore City the notice must be given before the end of the week or month that the landlord wants the tenant to leave. Outside of Baltimore City, the landlord can give an immediate written 30 day breach notice. The tenant, of course can contest the notice.
Termination of Tenancy for Fire or Unavoidable Accident
When premises rented for a term of 7 years or less become uninhabitable because of fire or an unavoidable accident, the tenancy ends and the tenant has no further responsibility for payment of rent. (If the tenant's fault or negligence caused or contributed to the fire or other cause of destruction, he may be liable for damages.)
A lease provision that requires the tenant to return the leased premises in good repair at the end of the lease term does not require the tenant to build a new building or pay for a building that was destroyed, unless the tenant's negligence or other fault contributed to the destruction.
Read the Law: Md. Code, Real Property §§ 8-112 & 8-113
Termination of Tenancy by Tenant
Where tenant has a written lease with termination provisions, the tenant must give notice of intent to vacate as required by the lease. A written lease may not require that the notice period given by the tenant is longer than the notice period given by the landlord.
Read the Law: Md. Code, Real Property § 8-501
In a tenancy for a certain term the common law rule is that no notice is necessary to terminate the tenancy at the expiration of the term fixed in the lease. See Smith v. Pritchett, 168 Md. 347, 178 A. 113, 115 (1935). Be sure to check the property laws in the city or county where the property is because local law can require notice from tenant to landlord. Also keep in mind, a written lease agreement can still include notice provisions.
In periodic tenancies, such as month-to-month or week-to-week, where there is no written lease and no local law relating to notice from tenant to landlord, the common law requirement is that notice must be given and that the length of notice must be equal to the period of the tenancy, such as 1 week or 1 month See Hyder v. Montgomery County, 160 Md.App. 482, 864 A.2d 279 (2004).
Notice from Victim of Domestic Violence/Sexual Assault to Terminate Lease
A tenant who is a victim of domestic violence or sexual assault may terminate their future liability under a residential lease if the tenant:
- Is a victim of domestic violence and has a protective order, or a is a victim of sexual assault and has a protective or peace order; and
- Gives the landlord 30 days’ written notice either hand-delivered or by first-class mail prior to ending the lease, along with a copy of the court order.
The tenant must pay rent for 30 days after giving notice.
The termination of a tenant’s future liability under a residential lease does not terminate or in any other way impact the future liability of a tenant who is the respondent in the action that results in:
- A protective order issued for the benefit of the victim tenant or victim legal occupant; or
- A peace order issued for the benefit of the victim tenant or victim legal occupant for which the underlying act was sexual assault.
Read the Law: Md. Code, Real Property §§ 8-5A-02, 8-5A-03, 8-5A-04
Limitation of Liability for Tenants with Certain Medical Conditions
A tenant who vacates leased premises before the end of his lease term due to a medical condition will not be liable for more than 2 months’ rent after the date on which he vacates the leased premises (Sections 8-212.2 (b) and (c)).
To qualify for the limitation of liability, the tenant must provide to the landlord before the tenant vacates the leased premises:
- A written certification from a physician regarding an individual who is a named party in, or an authorized occupant under the terms of, the lease that states in substantially the following form (Section 8-212.2(c)(1)):
- "I, (name of physician), hereby certify that my patient, (name of patient), is no longer able to live at his or her leased premises, (address of leased premises), because the patient has a medical condition that: (1) Substantially restricts the physical mobility of the patient within, or from entering and exiting, the leased premises; or (2) Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises.
I certify further that the expected duration of the patient's medical condition will continue beyond the termination date of the patient's lease, which the patient states is (termination date of lease)."
- "I, (name of physician), hereby certify that my patient, (name of patient), is no longer able to live at his or her leased premises, (address of leased premises), because the patient has a medical condition that: (1) Substantially restricts the physical mobility of the patient within, or from entering and exiting, the leased premises; or (2) Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises.
- A written notice of the termination of the lease stating the date by when the tenant will vacate the leased premises.
NOTE: This limitation of liability law does not apply to a tenant under a residential lease that contains a liquidated damages clause or early termination clause that requires written notice to vacate of 1 month or less and imposes liability for rent less than or equal to 2 months' rent after the date on which the tenant vacates the leased premises (Section 8-212.2 (a)).
Read the Law: Md. Code, Real Property § 8-212.2
Termination of Tenancy by Landlord - Breach of Lease
A landlord may give a written 30-day breach of lease and intent to terminate tenancy notice that states the alleged violation of the lease at any time during the tenancy. The landlord can give this written 30-day breach notice immediately upon discovery of the breach. NOTE: This provision is slightly different in Baltimore City.
Read the Law: Md. Code, Real Property § 8-402.1
Death of Landlord or Tenant
The general rule is that in the absence of a contrary lease provision, the death of tenant or landlord does not terminate the lease and does not terminate responsibilities under the lease. Thus at the death of the landlord, the tenant continues in the same relationship to the landlord's successor.
Read the Law: 14 Maryland Law Encyclopedia § 54
If the tenant dies, the estate of the tenant is liable for rent.
Read the Law: Md. Code, Real Property § 8-328
When a tenant dies without a will or next of kin, the landlord may bring an action for summary ejectment to end the lease.
Read the Law: Md. Code, Real Property §8-405
Modifying Lease
A lease, is a contract that creates a landlord - tenant relationship. A lease can be oral or written. The terms of a lease may not be modified by one party without the consent and approval of the other party. Additionally, an agreement to modify a contract must be “supported by consideration” (something of value).
Therefore, during the term of a lease, its provisions may not be changed by the landlord (for example, by increasing the rent, or requiring tenant to pay for water or other utilities) unless the tenant agrees and receives something that they were not already entitled to.
If the landlord wishes to increase the rent or change other conditions of the tenancy, the landlord must wait until the end of the existing lease and negotiate a new lease with the new conditions. Under Maryland law, a landlord must notify the tenant in writing before increasing the rent. The notice can be sent via fist-class mail or, if the tenant has agreed to electronic delivery, via email, text message or through an electronic tenant portal. If the notice is delivered electronically, the landlord must have proof of transmission of the notice. A notice of a rent increase must be sent within the timeframes specified by law. The timeframe for providing notice vary based on the term of tenancy. For a tenancy longer than 1 month, the landlord must provide at least 90 days notice.
Note that local laws may require additional notice requirements.
Read the law: Md. Code, Real Property § 8-209