Maryland Notice to Vacate

This is the Maryland notice to vacate that landlords must serve to tenants in violation of lease agreement stipulations.

Who: This notice is created by landlords and given to tenants in the event of a lease violation and the landlord determining to evict. This notice is used for a wide range of lease agreement violations, including:

• Legal violations
• Damage to the property
• Nuisances
• Keeping of pets against lease stipulations

What: The notice to vacate is the official start to the eviction process. You will create the notice (the landlord) and then serve it to your tenant. There are several important areas that must be completed on the notice, including the following:

• Your name and address
• Tenant’s name
• Address of rental property
• Date of notice
• Name of tenant in possession
• A notice of the lease term violation(s)
• Date of lease termination
• Date the tenant must quit and vacate the property
• The date of notice being served
• The method of service:
• Certified mail with return receipt
• Regular mail (not recommended)
• Hand delivered with name and signature of tenant
• Copy left at premises
• Copy posted at property

When: This notice should be given to a tenant immediately after the lease violation and you determining that they must vacate the premises. From that point, the tenant has 30 days to comply. If he or she does not quit the property within that time period, you will then need to file with the court to start the official eviction process.

Resources:

• Sample Maryland Lease Agreement
• Maryland Laws and Regulations
• Further Reading: Move Out & Eviction Articles

Tips and Tricks for Landlords:

Note that this form is not usable in Montgomery County. You’ll need to use a different notice if your property is located in that area. If you mail the notice, make sure you allot an additional 3 days.

You are not legally required to provide a reason for evicting your tenant, but if you choose to use the Maryland notice to vacate because of lease violations, you do need to include those violations.

Make sure that you keep at least two copies of the notice. You’ll need a copy for your own records, but you will also need to include another copy with the complaint filed with the court if the tenant does not quit the property by the date specified.

Finally, make sure to thoroughly read your lease agreement to ensure that the violation in question is completely spelled out (thus ensuring that the client read and understood those requirements when initially signing the lease).

Maryland Rental Forms and Templates

• Maryland Security Deposit Receipt: Any time a Landlord collects a security deposit from a Tenant, they must provide them with a Maryland-specific security deposit receipt.
• Rent Ledger: This is a great way to keep up with Rent Payments and to maintain thorough documentation of all payments.
• Maryland Notice to Vacate: This Notice to Vacate alerts occupants that the Landlord plans to retake possession of the property due to Lease violations.
• Montgomery County Notice to Vacate for Cause: This notice is for Landlords in Montgomery County that plan to retake possession because of uncured Lease violations.
• Baltimore Eviction Procedures for Landlords and Tenants: Evictions are complicated. This resource guides Baltimore Landlords through each step of the eviction process.
• Maryland Sample Failure to Pay Rent/Landlord’s Complaint for Repossession of Rented Property: This is a sample filing that Maryland Landlords can use to start eviction proceedings. It can only be used after Landlords have given proper notice.

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