90 Day Notice to Terminate Year to Year Lease - Residential from Landlord to Tenant
8-401 REAL PROP. Repossession of
premises upon tenanfs failure to pay rent.
(a) Right to repossession. - Whenever the tenant or tenants fail
to pay the rent when due and payable, it shall be lawful for the landlord
to have again and repossess the premises.
8-402.
Real Property
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(b) (1) (i) Where any interest in property
shall be leased for any definite term or at will, and the landlord shall
desire to repossess the property after the expiration of the term for which
it was leased and shall give notice in writing one month before the expiration
of the term or determination of the will to the tenant or to the person
actually in possession of the property to remove from the property at the
end of the term, and if the tenant or person in actual possession shall
refuse to comply, the landlord may make complaint in writing to the District
Court of the county where the property is located.
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(3) (i) The provisions of this subsection
shall apply to all cases of tenancies from year to year, tenancies of the
month and by the week. In case of tenancies from year to year (including
tobacco farm tenancies), notice in writing shall be given three months
before the expiration of the current year of the tenancy, except that in
case of all other farm tenancies, the notice shall be given six months
before the expiration of the current year of the tenancy; and in monthly
or weekly tenancies, a notice in writing of one month or one week, as the
case may be, shall be so given.
(ii) This paragraph (3), so far as it relates
to notices, does not apply in Baltimore City.
(iii) In Montgomery County, except in the case of single family
dwellings, the notice by the landlord shall be two months in the case of
residential tenancies with a term of at least month to month but less than
from year to year.
(4) When the tenant shall give notice by parol
to the landlord or to the landlord's agent or representatives, at least
one month before the expiration of the lease or tenancy in all cases except
in cases of tenancies from year to year, and at least three months'
notice in all cases of tenancy from year to year (except in all cases of
farm tenancy, the notice shall be six months), 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. This paragraph shall not
apply in Baltimore City.
(5) Acceptance of any payment after notice
but before eviction shall not operate as a waiver of any notice to quit,
notice of intent to vacate or any judgment for possession unless the parties
specifically otherwise agree in writing. Any payment accepted shall be
first applied to the rent or the equivalent of rent apportioned to the
date that the landlord actually recovers possession of the premises, then
to court costs, including court awarded damages and legal fees and then
to any loss of rent caused by the holdover. Any payment which is accepted
in excess of the foregoing shall not bear interest but will be returned
to the tenant in the same manner as security deposits as defined under
8-203 of this title but shall not be subject to the penalties of that
section.
(c) Unless stated otherwise in the written
lease and initialed by the tenant, when a landlord consents to a holdover
tenant remaining on the premises, the holdover tenant becomes a periodic
week-to-week tenant if the tenant was a week-to-week tenant before the
tenant's holding over, and a periodic month-to-month tenant in all other
cases.
Article - Real Property
(a)
(1) When a lease provides that the landlord may repossess the premises
if the tenant breaches the lease, and the landlord has given the tenant
1 month's written notice that the tenant is in violation of the lease and
the landlord desires to repossess the premises, and if the tenant or person
in actual possession refuses to comply, the landlord may make complaint
in writing to the District Court of the county where the premises is located.
The court shall summons immediately the tenant or person in possession
to appear before the court on a day stated in the summons to show cause,
if any, why restitution of the possession of the leased premises should
not be made to the landlord.
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