Notice To End A Tenancy
Real Prop. § 8-402 — 60 days for a month to month or a lease, 90 for year to year
| The tenancy | The landlord's written notice |
|---|---|
| The tenancyA written lease for a stated term over 1 week, or month to month | The landlord's written notice60 days before it expires |
| The tenancyYear to year (other than most farm tenancies) | The landlord's written notice90 days before the current year expires |
| The tenancyWeek to week, with a written lease | The landlord's written notice7 days before it expires |
| The tenancyWeek to week, with no written lease | The landlord's written notice21 days before it expires |
A tenant who stays past the end of the lease or tenancy after proper notice owes the landlord the actual damages the holding over caused, never less than the rent apportioned for the holdover period. The landlord files in the District Court, which, finding the tenancy ended, notice given and possession refused, gives judgment for possession. Either side may appeal to the circuit court within 10 days.
Outside Baltimore City, a tenant's own spoken notice to move, given at least 30 days before the end of the lease or tenancy, or 90 days for a tenancy from year to year, can take the place of the landlord's written notice if the landlord proves it.
Taking a payment after notice does not waive the notice or a judgment unless both sides agree otherwise in writing. When a landlord consents to a holdover, the tenant becomes month to month, or week to week if the tenancy was weekly before, unless the written lease says otherwise and the tenant initialed it.
Sources for this section (1)
- Md. Code, Real Prop. § 8-402 — Holding over; notice to quit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.