Notice to Terminate Tenancy — No Cause / End of Periodic Tenancy — Maryland

NOTICE TO TERMINATE TENANCY — NO CAUSE / END OF PERIODIC TENANCY — MARYLAND (§ 8-402)

TABLE OF CONTENTS

1. Notice Header
2. Statutory Authority
3. Identification of Tenancy and Premises
4. Type of Tenancy and Applicable Notice Period
5. Notice of Termination and Date to Vacate
6. Local Just-Cause Compliance Statement
7. Consequences of Holding Over
8. Tenant Rights and Available Defenses
9. Move-Out and Security Deposit Procedures
10. Landlord Contact Information
11. Signature, Date, and Verification
12. Method of Service / Certificate of Delivery
13. Maryland Practice Notes
14. Sources and References

1. NOTICE HEADER

TO: [TENANT FULL LEGAL NAME(S)]

AND ALL OTHER OCCUPANTS OF: [DWELLING UNIT STREET ADDRESS, UNIT NUMBER, CITY, MD ZIP]

FROM: [LANDLORD / OWNER FULL LEGAL NAME or AUTHORIZED AGENT]

DATE OF NOTICE: [__/__/____]

RE: NOTICE OF TERMINATION OF TENANCY — Md. Code Ann., Real Prop. § 8-402(b)

2. STATUTORY AUTHORITY

This Notice is given pursuant to Md. Code Ann., Real Prop. § 8-402(b), which permits a landlord to terminate a periodic tenancy (or to refuse to consent to a holdover after expiration of a written lease) by providing written notice no less than the statutory period before the end of the tenancy or current rental period.

This Notice does NOT allege any breach of lease, non-payment of rent, or other cause; it is a notice of intent not to renew the periodic tenancy / not to consent to holdover.

3. IDENTIFICATION OF TENANCY AND PREMISES

3.1 Premises:

[FULL STREET ADDRESS, INCLUDING APARTMENT / UNIT NUMBER]
[CITY], [COUNTY] COUNTY, MARYLAND [ZIP]

3.2 Original Lease (if any): Written lease dated [__/__/____], for an initial term from [__/__/____] through [__/__/____] (the "Lease").

3.3 Current rent: $[________________________________] per [☐ week ☐ month ☐ year], due on the [_____] day of each rental period.

4. TYPE OF TENANCY AND APPLICABLE NOTICE PERIOD

Landlord identifies the current tenancy as (check ONE):

☐ Week-to-week tenancy WITH written lease — minimum 7 days' notice required (§ 8-402(b)(1))
☐ Week-to-week tenancy WITHOUT written lease — minimum 21 days' notice required
☐ Month-to-month tenancy — minimum 60 days' notice before expiration of the rental period (§ 8-402(b)(2))
☐ Year-to-year tenancy (residential) — minimum 90 days' notice before expiration of the current year (§ 8-402(b)(3))
☐ Year-to-year tenancy (farm/agricultural) — minimum 180 days' notice before expiration of the current year (§ 8-402(b)(4))
☐ Tenancy at end of fixed term — Landlord declines consent to holdover; § 8-402(a) and (c) damages apply if Tenant remains.

5. NOTICE OF TERMINATION AND DATE TO VACATE

YOU ARE HEREBY NOTIFIED that your tenancy at the Premises will terminate, and you and all other occupants must surrender possession of the Premises and remove all personal property, on or before:

[__/__/____] at 11:59 p.m. (the "Termination Date").

The Termination Date is the last day of the [☐ weekly ☐ monthly ☐ annual] rental period and is no fewer than the statutorily required number of days from the date of this Notice.

If you remain in possession after the Termination Date without Landlord's written consent, you will be a tenant holding over subject to the damages and remedies provided by § 8-402(a)–(c) and to a Complaint and Summons Against Tenant Holding Over (District Court Form DC-CV-080).

6. LOCAL JUST-CAUSE COMPLIANCE STATEMENT

Landlord certifies (check applicable):

☐ The Premises are NOT located in a jurisdiction with a "just cause" eviction ordinance applicable to this tenancy.
☐ The Premises are located in Prince George's County and Landlord has confirmed compliance with PG Co. Code Subtitle 13 (Just Cause / Rent Stabilization). Cause asserted (if required): [________________________________].
☐ The Premises are located in Montgomery County and Landlord has confirmed compliance with Mont. Co. Code Ch. 29 (including Sec. 29-31 notice rules and any applicable rent-stabilization measures). Notice basis: [________________________________].
☐ The Premises are located in Baltimore City and Landlord has confirmed compliance with Baltimore City Code Art. 13 (housing licensing, registration, eviction-prevention notice, source-of-income protections, Right to Counsel notice).
☐ Other local jurisdiction: [________________________________]; compliance basis: [________________________________].

7. CONSEQUENCES OF HOLDING OVER

7.1 Holdover damages (§ 8-402(a)): A tenant who unlawfully holds over after expiration of the term or after proper notice is liable for actual damages, with minimum damages equal to the apportioned rent at the lease rate for the period of holdover.

7.2 Tenant Holding Over action: Landlord may file a Complaint for Repossession of Property in Tenant Holding Over (DC-CV-080) in the District Court of Maryland for [COUNTY] County. Trial occurs typically within 5–15 days; if Landlord prevails, judgment for possession follows.

7.3 Appeal: A Tenant Holding Over judgment may be appealed to the Circuit Court within ten (10) days under § 8-402 (and Md. Rule 7-104). Appellant must file a supersedeas bond pursuant to Rule 8-422 to stay execution.

7.4 No § 8-401(g) redemption right. A tenant in a § 8-402 holdover action has no statutory pay-and-stay right comparable to FTPR redemption.

8. TENANT RIGHTS AND AVAILABLE DEFENSES

You have the right to remain in possession through the Termination Date, to receive proper notice, and to defend any subsequent action. Seek legal advice immediately.

• Maryland Legal Aid: 1-866-635-2948 — https://www.mdlab.org
• Maryland Court Help Center: 410-260-1392 — https://mdcourts.gov/legalhelp
• Civil Justice, Inc.: https://civiljusticeinc.org
• Baltimore City Right to Counsel: https://mlsc.org/atce
• Maryland Commission on Civil Rights (housing discrimination): 1-800-637-6247

Possible defenses to a Tenant Holding Over action include:

• Defective notice — incorrect notice period, wrong termination date (must end on a lease day), improper service;
• Local just-cause overlay — PG Co. Subtitle 13, Mont. Co. Ch. 29, Baltimore City Code may require cause and proper local-form notice;
• Retaliation (§ 8-208.1) — 6-month presumption window; up to 3 months' rent in damages plus fees;
• Discrimination under Md. Fair Housing Act (§ 20-705) including source of income / Section 8 voucher (§ 20-705.1) and federal FHA;
• Reasonable accommodation under FHA / ADA for tenants with disabilities;
• VAWA protections (34 U.S.C. § 12491);
• SCRA protections for active-duty servicemembers (50 U.S.C. § 3951);
• Implied lease renewal / waiver — acceptance of rent after notice may waive termination;
• Non-compliance with § 8-208 automatic-renewal rules — if Landlord's lease purports to require shorter notice than statute, statute prevails;
• Self-help violation by Landlord (§ 8-216);
• HUD-subsidized housing good-cause (24 C.F.R. § 247; § 982; § 983) overrides state no-cause law for many federally subsidized tenancies.

9. MOVE-OUT AND SECURITY DEPOSIT PROCEDURES

9.1 Pre-move-out inspection: Tenant has the statutory right to be present at the move-out inspection if the inspection is conducted within five (5) days before or after Tenant vacates and Tenant requests in writing to be present (§ 8-203.1).

9.2 Security deposit return: Within forty-five (45) days after Tenant vacates, Landlord must return the security deposit (with interest under § 8-203(e)(1)) less any properly itemized deductions. Failure to comply without reasonable basis exposes Landlord to threefold damages plus attorneys' fees under § 8-203(e)(4).

9.3 Forwarding address: Tenant should provide a written forwarding address to Landlord at: [________________________________].

9.4 Personal property left behind: Disposal must comply with § 8-208 lease terms and applicable Maryland and local procedures.

10. LANDLORD CONTACT INFORMATION

Landlord / Authorized Agent: [________________________________]
Mailing Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Owner of record (if different from Landlord): [________________________________] (disclosure required by § 8-208).

11. SIGNATURE, DATE, AND VERIFICATION

I, the undersigned, certify that this Notice is given in good faith and that no protected-class characteristic, retaliatory motive, or other unlawful purpose is the reason for termination.

Signature: _________________________________________

Print Name: [________________________________]

Title / Capacity: ☐ Owner ☐ Authorized Agent ☐ Property Manager / Trustee

Date: [__/__/____]

12. METHOD OF SERVICE / CERTIFICATE OF DELIVERY

I, [________________________________], certify that on [__/__/____], I served this Notice on the Tenant(s) named above by the following method(s):

☐ First-class U.S. Mail with USPS Certificate of Mailing (PS Form 3817), addressed to Tenant at the Leased Premises (and any other address listed in the lease)
☐ Conspicuous posting on the front door of the Leased Premises
☐ Hand delivery to Tenant or a person of suitable age and discretion residing at the Leased Premises
☐ Other (specify): [________________________________]

Signature of Server: _________________________________________

Print Name: [________________________________]

Date: [__/__/____]

13. MARYLAND PRACTICE NOTES

13.1 Termination must end on a lease day. A notice that purports to terminate mid-period is defective. For monthly tenancies, the termination date must be the last day of a calendar month (or the last day of the rental period if rent is due on a non-calendar day).

13.2 Counting the notice period. The 60 / 90 / 180-day notice runs from the date the tenant RECEIVES the notice through the end of the rental period. Build in mailing time. If unsure, give extra notice.

13.3 § 8-208(d)(2) automatic-renewal rule. A lease provision that automatically renews unless the tenant gives more than 60 days' notice is unenforceable if the lease is residential and was not properly disclosed; rely on statutory notice periods, not lease shortenings.

13.4 Local just-cause is a trap for the unwary.

• Prince George's County, Subtitle 13: Generally requires landlord to state a "just cause" for non-renewal of covered tenancies (e.g., demolition, owner move-in, substantial breach). A pure "no-cause" notice may be invalid for covered units.
• Montgomery County, Ch. 29 + Bill 7-24: Imposes enhanced notification and tenant protection rules; check current version.
• Baltimore City: Source-of-income protections (Code) prohibit refusal to rent or termination based on Section 8; Right to Counsel (Code Art. 13, Subtitle 6A) entitles eligible tenants to counsel.

13.5 Federal subsidized housing. Project-based and tenant-based HUD programs require "good cause" for non-renewal/termination beyond initial term. State no-cause rules do not apply.

13.6 Retaliation risk. § 8-208.1 creates a 6-month rebuttable presumption that landlord action following a tenant's protected activity (complaint to government, joining a tenant organization, asserting § 8-211 rights, etc.) is retaliatory. A no-cause notice within 6 months is high risk; document non-retaliatory motive.

13.7 Source-of-income (HOME Act). Md. Real Prop. and Md. State Gov't § 20-705.1 forbid refusal to renew because the tenant uses a housing voucher or other lawful source. Document non-discriminatory rationale.

14. SOURCES AND REFERENCES

• Md. Code Ann., Real Prop. § 8-402 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402
• Md. Code Ann., Real Prop. § 8-208 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208
• Md. Code Ann., Real Prop. § 8-208.1 — https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-8-208-1/
• Md. Code Ann., Real Prop. § 8-203 (Security Deposits) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-203
• Md. Code Ann., Real Prop. § 8-216 — https://law.justia.com/codes/maryland/real-property/title-8/subtitle-2/section-8-216/
• District Court of Maryland — Form DC-CV-080 (Tenant Holding Over)
• Md. Rule 3-711; Md. Rule 7-104; Md. Rule 8-422 (supersedeas bond)
• Maryland People's Law Library — Holding Over — https://www.peoples-law.org/staying-past-end-lease-holding-over
• Md. Code Ann., State Gov't § 20-705, § 20-705.1 — https://law.justia.com/codes/maryland/state-government/title-20/subtitle-7/section-20-705/
• Md. Commission on Civil Rights — Source of Income Guidance (Aug. 2025) — https://mccr.maryland.gov/Documents/Source%20of%20Income%20Guidance%20(Aug%202025).pdf
• Baltimore City Code Art. 13 (housing) — https://legislativereference.baltimorecity.gov
• Montgomery Co. Code Ch. 29 — https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756
• Prince George's Co. Code Subtitle 13 (Just Cause / Rent Stabilization)
• 24 C.F.R. § 247 (HUD multifamily good cause); 24 C.F.R. § 982 / § 983 (HCV / PBV)
• 34 U.S.C. § 12491 (VAWA housing protections); 50 U.S.C. § 3951 (SCRA)

END OF NOTICE — MARYLAND NOTICE TO TERMINATE TENANCY (§ 8-402(b))