Maryland 60-Day Notice Overview
Maryland\'s notice requirements for tenancy termination depend on the type of tenancy and the jurisdiction. Under Real Property Code Section 8-402(b)(3), a landlord must provide at least 60 days written notice before the end of a lease year to terminate a year-to-year tenancy. For month-to-month tenancies, Real Property Code Section 8-402(b)(4) requires one month\'s notice. However, several Maryland jurisdictions have enacted additional protections that effectively require 60-day notice even for month-to-month terminations.
Montgomery County leads Maryland in tenant protections, having adopted a just-cause eviction law (Bill 26-21, effective 2023) that restricts the grounds on which a landlord can refuse to renew a lease or terminate a tenancy. Prince George\'s County, Baltimore City, and Howard County have also considered or enacted additional tenant protections. Maryland\'s eviction process (called failure to leave or holding over) is handled in the District Court and is relatively fast compared to states with Superior Court proceedings.
60 Days
Statutory default
$15-$46
Court filing fees
Written
Notice required
2-5 wks
Court process
When a 60-Day Notice Applies in Maryland
Understanding when a 60-day notice is required versus the standard notice period is critical for Maryland landlords.
Year-to-Year Lease Termination
Under MD Real Prop. 8-402(b)(3), year-to-year tenancies require at least 60 days written notice before the end of the current lease year. If the landlord does not provide timely notice, the tenancy automatically renews for another year. This is the most common scenario requiring 60-day notice in Maryland.
Montgomery County Lease Non-Renewals
In Montgomery County, the 2023 just-cause eviction law requires landlords to state a qualifying reason for non-renewal and provide adequate notice (typically 60 days). Landlords must comply with both state and county requirements. The county law also requires notice of tenant rights to be included with any termination notice.
Lease Clause or Housing Program
Many Maryland leases include a 60-day non-renewal clause. Federal Section 8 and Maryland Department of Housing programs often mandate 60-90 days notice. Baltimore City Housing Authority and local PHAs have their own notice requirements that may exceed state minimums.
Maryland Legal Requirements
Maryland landlord-tenant statutes establish specific requirements for termination notices.
Montgomery County Just-Cause Law
Montgomery County enacted Bill 26-21 (effective 2023), which requires landlords to have a qualifying reason for non-renewal or termination of residential leases. Qualifying reasons include tenant fault (non-payment, lease violations), owner occupancy, substantial renovation, removal from rental market, and government order. Even with a qualifying reason, 60-day notice is typically required. This law applies to most residential rentals in Montgomery County, with limited exemptions for small landlords (four or fewer units).
Notice Content Requirements
- Written Notice: Maryland requires written notice for tenancy terminations under Real Property Code 8-402. Notice must be clear and unambiguous
- Tenant and Property ID: Include all tenant names and the complete property address including unit number, city, county, and ZIP code
- Termination Date: State the date by which the tenant must vacate. For year-to-year tenancies, this must be at least 60 days before the end of the lease year
- Landlord Contact Information: Include the name, mailing address, and telephone number of the landlord or registered agent as required by MD Real Prop. 8-210
- Montgomery County Addendum: In Montgomery County, include notice of tenant rights under the just-cause eviction law and the qualifying reason for non-renewal if applicable
How to Serve a 60-Day Eviction Notice in Maryland
Proper service ensures your notice will be upheld in Maryland courts.
Prepare the Notice
Draft using a Maryland-specific template referencing Real Prop. 8-402. For Montgomery County, include the required tenant rights notice and just-cause reason
Personal Delivery or Certified Mail
Deliver personally to the tenant or send via certified mail with return receipt. Maryland courts accept both methods. Personal delivery is preferred for clarity of the delivery date
Post and Mail (Alternative)
If the tenant is unavailable, post the notice on the main entrance of the rental unit and mail a copy via first-class mail and certified mail
Retain Proof of Service
Keep copies of the notice, certified mail receipts, return cards, and any witness statements documenting the delivery date and method
File Holding Over Action
If the tenant remains after the notice period expires, file a Failure to Leave / Holding Over complaint in the District Court of Maryland for the county where the property is located
Maryland Eviction Timeline
Maryland evictions for holding over are filed in the District Court. The complaint (form DC-CV-085) is relatively straightforward. After filing, the court issues a summons, and a trial date is typically set within 5 to 15 days in most Maryland counties.
At the trial, the landlord must prove proper notice was given, the notice period has expired, and the tenant remains in possession. If the court rules for the landlord, a judgment for possession is entered. The tenant has 4 days to appeal (10 days in Baltimore City).
If no appeal is filed, the landlord can request a warrant of restitution. The sheriff schedules the eviction, which typically occurs 1 to 3 weeks after the warrant is issued. Total court process from filing to physical eviction: 2 to 5 weeks. Combined with 60-day notice, the full timeline is 10 to 14 weeks.
Maryland Filing Fees & Costs
Eviction costs in Maryland vary by county and court type.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $15 - $46 |
| Service of Process | $20 - $50 |
| Attorney Fees (if hired) | $400 - $2,000 |
| Warrant of Restitution | $10 - $40 |
| Sheriff Enforcement | $50 - $200 |
Sample Maryland 60-Day Notice
Below is a preview of our Maryland-specific 60-day termination notice.
60-DAY NOTICE OF TERMINATION
STATE OF MARYLAND
Pursuant to MD Real Prop. Code 8-402
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Maryland Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy will terminate on [Date — 60 days from service]. You must vacate and surrender possession by that date.
MARYLAND COMPLIANCE NOTE
This notice is provided pursuant to Maryland Real Property Code Section 8-402(b)(3). Your lease year ends on [date] and this 60-day notice is given prior to that end date. [Montgomery County: This notice includes required tenant rights information per Bill 26-21.]