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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Automatic Renewal Clause

    My question involves landlord-tenant law in the State of: Maryland

    My twelve month lease for my apartment specifies that I need to give 60 days notice (to not have the penalty of a month's rent) that I am leaving the apartment and that without any notice following the lease expiration my lease will be renewed on a month to month basis. I'd been thinking I only needed to give 30 day notice, and so I missed the 60 day deadline. By Maryland law I only need to give 30 day notice to vacate an apartment when renting on a month to month basis. I tried to give notice l'd be moviing out the first of December, but they said that since I was only giving 30 days notice rather than 60 days they said I would need to pay a penalty of a month's rent, which of course means that I might as well just give 60 days notice and move out in January. What I'm wondering is that since I only need 30 days notice to get out of a month to month lease, shouldn't I be able to move out in December with no penalty, since what I'm trying to stop is the activation of a monthly lease which will start in December, I'm not trying to break the 12 month lease which will expire on its own. To make this clearer: If I was on a monthly lease and decided on January 1st to vacate on February 1st, I'd be able to do it, preventing the start of a new monthly lease with just 30 days of notice. So why couldn't I end the monthly lease that will start up December 1st by giving 30 days notice on November 1st?

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Automatic Renewal Clause

    Maryland laws states that once a lease expires...it becomes a month to month agreement with ALL of the terms and conditions of the original lease remaining in place...only on a monthly basis. Meaning if your expired lease requires 60 day notice...you must tender such at anytime after the lease expires.

    Maryland law also states that a MINIMUM 30 days notice is required on a month to month lease...unless stated otherwise in a written agreement....which you have.

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Automatic Renewal Clause

    Termination of the Lease

    Substantial Breach: The landlord may terminate a lease before its end if the tenant substantially breaches the lease. In order to do so, the landlord must send a notice to the tenant that states the tenant has breached the lease and indicates the landlord wants possession of the rental unit. If the tenant does not move out, the landlord may go to court ask the court and ask for eviction of the tenant. If the court determines that the breach by the tenant is substantial and warrants the tenant’s eviction, the court will issue an order evicting the tenant.

    There are cases where the landlord’s actions allow the tenant to terminate the lease. Such a case is called a constructive eviction. A tenant should seek the advice of an attorney before attempting to terminate a lease because of the landlord’s actions, since the law in this area is complex.

    Month-to-Month Tenancies: If a tenant is on a month-to-month lease, and is not federally subsidized, the tenancy may be terminated by either the landlord or the tenant after one month’s written notice (two months in Montgomery and Baltimore City). It is illegal for a landlord or tenant to terminate a lease for a retaliatory reason (for example the landlord terminates a lease because the tenant complains about the conditions of the leased property). However, it is not necessary for either the tenant or the landlord to give a reason for the notice under normal circumstances. Where the tenant is federally subsidized, the landlord may terminate the tenancy only if the landlord has a valid reason for terminating the tenancy.

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