Terminating the Lease

Landlords:

• Put the notice in writing;
• State the exact date by which the property is to be vacated;
• Provide the tenant written notice on or before the rent payment due date, except in cases of breach of lease; and,
• nclude the following statement in any notice to vacate: “General information and assistance regarding evictions is available from the Department of Housing and Community Affairs.” This statement must be provided prior to beginning any judicial action to regain possession of the rental property. 

Tenants:

• Put the notice in writing;
• State the exact date by which the property is to be vacated;
• Provide the landlord written notice on or before the rent payment due date except in cases of early termination for reasons beyond a tenant’s control. The tenant must vacate by midnight on the last day of the notice period. The landlord is not obligated to charge pro-rata rent based on the days a tenant holds over. By staying into the next month, a tenant is liable for the entire month’s rent, unless the landlord gives written permission to the contrary.  

The length of notice depends on the terms of the lease and the reason for leaving.

• At the end of a long-term lease, if the landlord does not want to renew a tenant’s lease, they must give the tenant sixty days’ written notice to vacate in both single family and multifamily properties.
• Landlords of month-to-month tenants in multi-family units are required to provide at least sixty days’ notice to the tenant, except in cases of breach of lease;
• Month-to- month tenants in multi-family units are generally required to give at least sixty days’ notice to vacate. Tenants must consult their leases for a definitive answer as a lease may provide for a longer or shorter notice period;
• Landlords of month-to-month tenants in single-family units are also required to provide sixty days’ notice to the tenant;
• Month-to-month tenants in single-family units must consult their leases for a definitive answer as a lease may provide for a shorter notice period; and
• Remember, tenants are still bound by the provisions of the lease, even though it has expired. If a lease contains a different notice period than the one described above, call Landlord-Tenant Affairs at 240-777-0311.

The notice must correspond with the rent payment cycle; for example, a sixty-day notice to vacate given by a landlord on March 29 (before the rent due date of April 1) would expire May 31st. Similarly, a sixty-day notice given by a landlord on April 2nd (after the rent due date) would not expire until June 30th.

“ Reasons beyond the Tenant’s Control.” Under certain circumstances, a tenant may terminate the lease agreement by giving the landlord a 30-day written notice to vacate. This notice does not have to coincide with the rent payment cycle. This option applies to a tenant who cannot fulfill the balance of the rental contract because of:

• an involuntary change of employment from the Washington Metropolitan area (generally 25 miles);
• death of a major wage earner;
• unemployment;
• tenant or tenant’s child being the victim of domestic violence;
• a landlord harassing the tenant or violating the tenant’s privacy rights;
• the tenant or tenant’s spouse being 62 or older, no longer able to live independently, and needing to move to a nursing home or other senior housing;
• tenant being incarcerated or declared mentally incompetent; or
• any other reasonable cause beyond the tenant’s control.

The tenant should be prepared to explain the specific circumstances in the notice to vacate and provide evidence to substantiate the reasons at the time the notice is given. The tenant is responsible for rent through the notice period. Under these circumstances, the tenant may be liable for a termination fee not to exceed one month’s rent or actual damages sustained by the landlord as a result of the breach, whichever is less. A tenant may also terminate the lease if after 30 days’ notice from Housing Code Enforcement, the landlord has failed to make repairs which are deemed by DHCA to be a threat to the health and safety of the tenant. Tenants who terminate using this provision must first obtain permission from DHCA and may not be charged a termination fee.

“ Reasons within the Tenant’s Control.” Early lease termination due to marriage or purchase of a house are typical examples in this category. The tenant has contracted to pay rent through the term of the lease; therefore, the more notice a tenant can give a landlord, the better chance there is of the property being re-rented. Upon re-rental of the dwelling unit, the rental obligation of the previous tenant ceases. This arrangement will help lower the costs incurred by the tenant, because the landlord must make reasonable attempts to re-rent the property to offset damages caused by the tenant’s early termination. Usually, the landlord will require the tenant to pay for lost rent, advertising costs, and any legitimate costs incurred to re-rent the property. Another option available to the tenant is subleasing. Subleasing is the e transfer of possession and certain rights at the rental property for the remaining term of the tenant’s lease. The landlord may not unreasonably deny the tenant’s right to sublease; however, subleasing may not be allowed in all cases. If a tenant is considering using this option, DHCA strongly recommends that they call the Office of Landlord-Tenant Affairs to ensure that a sublease is accomplished in compliance with applicable law.

“ Breach of Lease.” When the lease provides that the landlord may re-possess the property if the tenant breaches the lease, as a general rule, the landlord must give the tenant 30 days’ written notice that the tenant is in violation of the lease, must state the nature of the breach, and must state the intention to repossess the property. This notice does not have to coincide with the rent payment cycle. However, a landlord may give a 14-day breach of lease notice if the breach involves behavior by the tenant or a person who is on the Property with the permission of the tenant which demonstrates a clear and imminent demonstrates a clear and imminent danger to the tenant, the landlord, other tenants, or themselves (Section 8-402.1(a)(2)(B) of the Real Property Article of the Annotated Code of Maryland). Unless the tenant voluntarily vacates, the landlord must obtain a court order to repossess the unit.

To obtain a court order, the landlord must demonstrate to the court that:

• The tenant breached the terms of the lease;
• The breach is substantial and on-going; and,
• The breach warrants eviction.

If the tenant corrects the breach before the court date, the tenant should appear and demonstrate this to the court. It will be up to the court to decide whether an eviction will take place. Due to the complexities involved, it is recommended that a landlord or tenant contact the Office of Landlord-Tenant Affairs for more specific information regarding breach of lease actions at 240-777-0311.

A tenant who remains in a rental property after the initial lease expires and does not sign another longterm lease or receive an offer for one, is considered a month-to-month tenant. All the provisions of the lease still apply, except that the rental agreement is automatically renewed monthly. Tenants are bound by the terms of the original lease and should refer to that lease to determine the length of notice they must give to terminate the tenancy. Landlords of multi-family properties are required to give month-to-month tenants sixty days written notice to vacate.

Landlords of single-family rental properties are also required to give month-to-month tenants sixty days’ notice to vacate. A landlord cannot require a tenant to give more notice than they are required to give. Under these circumstances, it is not necessary for the tenant or the landlord to give a reason for termination. In lieu of being a month-to-month tenant, to ensure a stable housing situation, tenants are encouraged to request renewal of the lease agreement. If your lease is not clear or different from the notice period described above, please call Landlord-Tenant Affairs at 240-777-0311.

A tenant is responsible for paying rent during the notice period. Furthermore, a tenant’s obligations do not necessarily end when they move out. Once a tenant has given notice to the landlord, it cannot be taken back without approval by the landlord. If the tenant does not leave by the date on the vacate notice, the landlord has the right to obtain a court order to evict the tenant by filing a Tenant Holding Over (THO) action in the District Court (See Landlord-Tenant Handbook, p. 32-33). The tenant is responsible for paying rent during this period. If a landlord cannot fulfill their obligations to the next tenant, with whom they have a signed lease, because the current tenant remained in the property after the notice period, the landlord and the new tenant both may take an action against the holdover tenant for damages.

A landlord may accept rent from a tenant after the notice period on a tenant holding over or breach of lease action, without waiving their rights to evict under that notice. Payment of rent after the notice to vacate has expired does not renew the lease. The landlord can accept rent and still pursue a tenant holding over or breach of lease action in accordance with their notice to vacate.

Certificate of Mailing

When notifying a landlord or tenant by first class mail, it is advisable to go to the Post Office and obtain a Certificate of Mailing. This is a receipt provided by the Post Office at the time of mailing, acknowledging that a letter was mailed by regular mail to the recipient at a specified address and the date of mailing. The letter is delivered like any other piece of mail, and you will have a receipt documenting the fact that you mailed it on that date.

Note: Always keep a copy of the Notice to Vacate for your records.