Maryland Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

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FAQ

(3) The tenant may give a notice of two months, or two month's rent in lieu of notice, to the landlord to terminate the tenancy in case the tenancy is for more than a year or one month's notice, or one month's rent in lieu of notice, in case the tenancy is for less than a year.

The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

A ?notice to vacate? from your landlord is not a court order. This is the written notice that a landlord must give you at least one month before your lease ends if they want you to move out at the end of the lease. If you do not move out, your landlord must go to court to try to evict you.

Legally Valid Reasons for Breaking a Lease in MD Your tenant uses an early termination clause. ... Your tenant is starting active military duty. ... Your rental unit is no longer safe for occupation. ... You violate rules of entry. ... You harass your tenant. ... Your tenant is a victim of domestic violence.

§ 8-402. Holding over. (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

It's required to terminate month-to-month contracts, and you must provide a 30-day notice before the termination date. However, state law doesn't require you to give notice to end a fixed-term agreement on the end date.

?Holding over." If you do not move out when your lease has ended, your landlord may evict you for ?holding over." The landlord must prove that he or she gave you proper written notice (at least one month) of the ending of your lease.

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Maryland Addressing Holdover Tenancy in a Lease