New York, NY asked in Real Estate Law and Landlord - Tenant for Maryland

Q: If I'm a year to year tenant in md and a landlord refuse to renew. Does real property code 8-402 subsection 3 apply

1 Lawyer Answer

A: Yes, and no contrary provision in your written lease is legal to alter the 90 day notice to quit requirement for year-to-year leases. However, a lease with a one year term is not a year-to-year lease simply on account of the lease term being one year. A year-to-year tenancy automatically renews for an additional one year term unless notice to quit is given 90 days or more before the end of the current one year term. A lease with a one year term that does not aitomatically renew, or which by its terms converts to month-to-month, requires 30 days notice to quit (or longer period agreed to in the lease or equal to the longer period the tenant is required to give any notice to end the tenancy), except in Montgomery County where 60 day notice is required. A lease that simply ends, and does not convert to month-to-month, requires a new lease to continue the tenancy.

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.