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
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

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.

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