Baltimore, MD asked in Contracts and Landlord - Tenant for Maryland

Q: My complex gives a 6 month period for us to give notice of us either ending or renewing our lease. Is this legal?

We are required to give notice at least 6 months before the end of our lease. I've only seen time periods up to 90 days so is 6 months legal?? We did sign this but is the contract legal in the first place?

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1 Lawyer Answer

A: There is no prohibition to providing a longer notice period that that required by law, however, there are other limitations imposed. For instance:

MD Real Property Code, 8-208(d): A landlord may not use a lease or form of lease containing any provision that has the tenant agree to a period required for landlord's notice to quit which is less than that provided by applicable law; provided, however, that neither party is prohibited from agreeing to a longer notice period than that required by applicable law.

MD Real Property Code, 8-208(e): A lease that contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the lease, shall have the provision distinctly set apart from any other provision of the lease and provide a space for the written acknowledgment of the tenant's agreement to the automatic renewal provision. An automatic renewal provision that is not specifically accompanied by either the tenant's initials, signature, or witnessed mark is unenforceable by the landlord.

MD Real Property Code 8-501: No written agreement between a landlord and tenant shall provide for a longer notice period to be furnished by the tenant to the landlord in order to terminate the tenancy than that required of the landlord to the tenant in order to terminate the tenancy.

Finally, each county and the City of Baltimore adopts its own local codes regarding landlord tenant matters, and may have separate regulations that apply depending on where you live. You will need to check if there are any local codes applicable to your situation.

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