Abingdon, MD asked in Real Estate Law and Landlord - Tenant for Maryland

Q: Month to month unwritten lease, landlord changing verbal 60 day notice to vacate to written 30 day.

I have been renting on a month to month unwritten lease since January. My landlord, on June 29th gave me a verbal 60 day notice to vacate by August 28th. Then on July 8th, gave me a written notice to vacate by July 31st. Is it legal to change the vacate parameters? I have 2 other witnesses who can vouch that verbal 60 days notice was given on June 29th.

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Month-to-month tenancies require 30 day notice to vacate, so the July 8 notice to vacate by July 31 is not 30 days notice and is invalid. A landlord and tenant can agree to a longer notice, but it is unclear that you have such an agreement in place. You describe the landlord as merely giving you a 60 day notice to vacate, not that you had a binding agreement that each of you is required to give 60 days advance notice before terminating the tenancy. Therefore, the landlord can give you a 30 day notice to vacate. However, based on your facts, he has given a 60 day notice, and has failed to give you an enforceable 30 day notice since the second notice he gave was only 23 days. He could give you a new 30 days notice, however.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.