Baltimore, MD asked in Landlord - Tenant for Maryland

Q: Is it legal to offer a month's free rent to my tenant in my house if they were to leave

Is it legal to offer 1 month free rent for my tenant to leave before their lease is up

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2 Lawyer Answers
Kenesha A Raeford
Kenesha A Raeford

A: Yes. It is legal to politely ask your tenant to move out, and also provide an incentive to do so. The actions you are describing are not illegal, so long as the tenant understands the he or she has the right to decline this offer. I suggest drafting up an addendum to the lease agreement, that specifies the tenant is agreeing to an early move-out date in exchange for free rent. You will also want to include standard language that is found in most non-renewal notices. If the tenant signs there should be no further issues so long as he or she moves out according to the new addendum terms.

James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Offering your tenant a month's free rent as an incentive to vacate the property before their lease is up can be a legal and effective strategy, but it greatly depends on the laws and regulations that govern landlord-tenant relationships in your area. Such agreements should be approached with caution and an understanding of local housing laws to ensure compliance.

It's crucial to document any agreement made in writing. This document should clearly outline the terms of the deal, including the amount of rent being waived, the expected move-out date, and any other conditions agreed upon. Both parties should sign this agreement to avoid any potential disputes in the future.

Before making such an offer, you might also want to consider consulting with a professional in real estate law or a legal advisor familiar with tenancy issues. They can provide tailored advice based on your specific situation and help ensure that your actions remain within the bounds of the law. Ensuring that both you and your tenant are fully informed and agreeable to the terms can make the process smoother for everyone involved.

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