Requirements for Terminating a Month-to-Month Residential Lease
June 3, 2009

Q: I lease a house to a tenant on a month-to-month basis, but I do not have a written lease. I want to terminate the lease. How much notice must I give?

A: As a threshold matter, oral leases are valid and enforceable in Maryland, provided that (a) the landlord owns less than five rental units in the State, and (b) the term of the lease is one year or less. However, it is always preferable to have a written lease. The notice of termination should similarly be in writing. How much notice must be given depends on the term of the underlying lease and the jurisdiction. For a month-to-month tenancy, State law generally requires at least one month's notice. However, Baltimore City law requires 60 days' notice. The notice to terminate expires at the end of the month. For example, assume your tenant is in Baltimore City and rents on a month-to-month basis. If you give your tenant the 60-day notice of termination in May 2009, the lease will terminate on July 31, 2009. Residential landlords and tenants should be aware that in addition to State law governing their relationship, several jurisdictions have enacted additional laws which must be considered if you are located in that jurisdiction, including Baltimore City, Baltimore County, Anne Arundel County, Annapolis, Prince George's County, Montgomery County, Rockville, Gaithersburg, and Takoma Park.

If you have questions, please contact:
John R. Wise, Esquire

JWise@TandLLaw.com
(410) 752-2468