NOTICE TO VACATE AND DEMAND FOR POSSESSION

(Maryland Landlord–Tenant Law)

[// GUIDANCE: This template is drafted to comply with the Maryland Real Property Article, §§ 8-401 (non-payment of rent), 8-402 (holdover/termination of tenancy), and 8-402.1 (breach of lease). Because local ordinances may impose additional or different notice periods (e.g., Baltimore City, Montgomery County), confirm local requirements before use.]

I. DOCUMENT HEADER

1. Parties
This Notice (“Notice”) is issued by [LANDLORD LEGAL NAME], (“Landlord”) to [TENANT FULL LEGAL NAME(S)], (“Tenant”), collectively the “Parties.”

2. Premises
Street Address: [PREMISES ADDRESS, INCLUDING UNIT #, CITY, COUNTY, STATE, ZIP]
Lease Commencement Date: [LEASE START DATE]
Lease Termination Date (if any): [LEASE END DATE OR “Month-to-Month”]

3. Effective Date & Notice Date
This Notice is effective as of [DATE OF NOTICE] (“Notice Date”). All statutory notice periods are calculated from the Service Date certified below.

4. Jurisdiction & Governing Law
This Notice is governed by Maryland landlord-tenant law and, if litigated, shall be heard exclusively in the [NAME OF COUNTY] District Court Housing Division (“Housing Court”).

II. DEFINITIONS

For purposes of this Notice:
“Breach” means any violation of the Lease or applicable law as described in Section III.
“Cure Period” means the statutory timeframe within which Tenant may remedy the Breach, as specified in Section III.
“Premises” has the meaning set forth in Section I.2.
“Rent Arrearage” means the unpaid rent balance itemized in Section III.A.
“Service Date” means the date this Notice is delivered in accordance with Section IX.2.

III. OPERATIVE PROVISIONS

A. Nature of Default ☐ Non-Payment of Rent
1. Total past-due Rent: $[AMOUNT]
2. Rental period(s) outstanding: [MM/DD/YYYY – MM/DD/YYYY]
3. Cure Period: 10 days ([// GUIDANCE: Maryland state law technically permits immediate filing; however, several local jurisdictions now require a 10-day pay-or-quit notice. Adjust as needed.])
4. Remedy: Tenant must pay the Rent Arrearage in full by [DATE] or surrender possession.

☐ Breach of Lease (Md. Code, Real Prop. § 8-402.1)
1. Description of Breach: [DESCRIBE FACTS—e.g., unauthorized pet, criminal activity]
2. Cure Period:
• 30 days from Service Date; or
• 14 days if the Breach “demonstrably poses a threat to life, safety, or property.”
3. Remedy: Tenant must cure the Breach within the Cure Period or vacate.

☐ Holdover / Termination of Periodic Tenancy
1. Type of tenancy: ☐ Week-to-Week ☐ Month-to-Month ☐ Other [SPECIFY]
2. Statutory Notice Period:
• Week-to-Week: 7 days
• Month-to-Month: 60 days (effective 10/1/2021)
3. Remedy: Tenant must vacate the Premises on or before [VACATE DATE].

B. Demand for Possession
If Tenant fails either to (i) pay all sums due, or (ii) cure the Breach, or (iii) vacate the Premises within the applicable Cure Period, Tenant’s right of possession terminates automatically and Landlord will initiate summary ejectment proceedings under Md. Code, Real Prop. §§ 8-401–8-402.1 without further notice.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that:
   a. Landlord is the legal owner or authorized agent of the Premises with full power to issue this Notice.
   b. All amounts claimed herein are accurate as of the Notice Date.

2. Tenant is deemed to have received all legally required disclosures under Maryland law at lease inception and acknowledges continuing lease obligations.

[// GUIDANCE: Representations are intentionally limited to avoid unnecessary litigation exposure.]

V. COVENANTS & RESTRICTIONS

1. Tenant shall not commit Waste, nuisance, or further Breach during the Cure Period.
2. Tenant shall continue to comply with all Lease obligations, including payment of accruing Rent, utilities, and insurance, pending resolution.
3. No use of Premises for unlawful purposes is permitted.

VI. DEFAULT & REMEDIES

1. Events of Default:
   a. Failure to timely pay all amounts due;
   b. Failure to cure the Breach within the Cure Period;
   c. Failure to timely vacate upon lease expiration or termination.

2. Remedies:
   a. Immediate filing of a Complaint for Summary Ejectment and Request for Warrant of Restitution;
   b. Money judgment for Rent, late fees, court costs, and permissible attorney’s fees;
   c. Any other relief available under Maryland law.

3. Attorney’s Fees & Costs: Tenant shall be liable for reasonable attorney’s fees and court costs as permitted under the Lease and Md. Code, Real Prop. § 8-401(b)(2).

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are intentionally omitted per metadata; Risk to Tenant is limited to statutory remedies.]

VIII. DISPUTE RESOLUTION

1. Governing Law: Maryland Real Property Article and related regulations.
2. Forum Selection: Exclusive jurisdiction in the District Court of Maryland for [COUNTY] – Housing Court.
3. Arbitration: Not applicable.
4. Jury Waiver: Notwithstanding any lease clause, Tenant retains any constitutional right to a jury trial in an appeal de novo.
5. Injunctive Relief: Landlord reserves all equitable remedies, including immediate restitution of Premises.

IX. GENERAL PROVISIONS

1. No Waiver. Acceptance of partial payment or failure to strictly enforce the Lease shall not waive Landlord’s rights.
2. Service of Notice. This Notice shall be served by ☐ Personal Delivery ☐ First-Class Mail ☐ Certified Mail, Return Receipt Requested ☐ Posting on Premises AND Mailing in accordance with Md. Rule 3-1301 and any local requirements.
3. Severability. If any provision of this Notice is held invalid, the remainder shall remain in full force.
4. Integration. This Notice constitutes the entire notice required by applicable law with respect to the Breach described.
5. Amendments. Any modification must be in a subsequent writing executed by Landlord.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed this Notice as of the Notice Date.

[LANDLORD NAME], Landlord
Title (if entity): [TITLE]
Date: [SIGNATURE DATE]

Landlord’s Address for Payment & Correspondence:
[LANDLORD MAILING ADDRESS]
Phone: [PHONE #] | Email: [EMAIL]

CERTIFICATE OF SERVICE

I, [NAME OF PERSON SERVING NOTICE], certify under penalty of perjury that on [SERVICE DATE] I served the foregoing Notice upon [TENANT NAME(S)] by:
☐ Personal delivery to the Tenant;
☐ Leaving a copy with a resident of suitable age at the Premises;
☐ Posting a copy on the Premises and mailing a copy by first-class mail to the Premises;
☐ Certified mail, return receipt requested, to the Premises.

Signature of Server
Date: [DATE]

[// GUIDANCE: 1. Attach an itemized ledger for Rent Arrearage when asserting non-payment.
2. Keep proof of service (mail receipts, photographs of posting, etc.) for court.
3. If property is subject to federal CARES Act or subsidized housing programs, verify any additional 30-day notice requirements.
4. Insert local county references where bracketed.
5. Have an attorney review before issuance to ensure integration with the governing Lease and local ordinances.]