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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22417
Experience:  14 years real estate, Realtor. Landlord 24+ years
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If you give your tenant a minimum of 60 days to vacate the

Customer Question

If you give your tenant a minimum of 60 days to vacate the premises after both parties have fulfilled the original contract, how much time does the tenant have to give the Landlord before they vacate or can they just leave the following day?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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In MD, when the lease expired and you agreed to continue it, then the tenants would then be under a month to month tenancy. Under a month to month in MD, either party can terminate the lease with a 30 day notice unless they are in Montgomery County or Baltimore City. Then it requires a 60 day notice.
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But the tenant is under the same obligation as the landlord, so if you are in a 60 day jurisdiction, they would have to give you a 60 day as well. If not, then they only have to give a 30 day notice.
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If they were to simply pick up and move, then technically they are in violation of the lease by not giving proper notice. You could actually sue them for up to the 30 or 60 days worth of rent if you weren't able to rent it sooner than that.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


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Customer: replied 1 year ago.
I tried to do as much research as I possibly could and the information that I found was that if you were in a 6 month lease you were required to give them 30 days notice but if you were in a year lease (which we previously were) then we were required to give them 60 days notice (minimum). So I a am still a bit confused.

If the Notice of Termination by Landlord was sent to their post office box and received May 16, 2013, does the 60 30 or 60 day start on that date.

Again, I placed 60 days (or August 1, 2013) to vacate. Do I now need to amend that document and resend to them.

Essentially are you saying that even though we gave them 60 days to vacate, they are still required to give us XXX amount of dates notice that they are leaving? I am afraid that when June 1 comes and the rent is due and they pay (hopefully) that we can not spend in case they leave in the middle of June.

Still confused sorry but I want to handle this without any chance of them suing us or having to give them back rent money (not security deposit).
Expert:  Barrister replied 1 year ago.
This is covered under Maryland Code § 8-402 which states:
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(3) (i) The provisions of this subsection shall apply to all cases of tenancies at the expiration of a stated term, tenancies from year to year, tenancies of the month and by the week. In case of tenancies from year to year (including tobacco farm tenancies), notice in writing shall be given three months before the expiration of the current year of the tenancy, except that in case of all other farm tenancies, the notice shall be given six months before the expiration of the current year of the tenancy; and in monthly or weekly tenancies, a notice in writing of one month or one week, as the case may be, shall be so given.

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(ii) This paragraph (3), so far as it relates to notices, does not apply in Baltimore City.

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(iii) In Montgomery County, except in the case of single family dwellings, the notice by the landlord shall be two months in the case of residential tenancies with a term of at least month to month but less than from year to year.

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If the Notice of Termination by Landlord was sent to their post office box and received May 16, 2013, does the 60 30 or 60 day start on that date.

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No, it starts the day after it was put in the mail.

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Do I now need to amend that document and resend to them.
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No, if you gave them a 60 day notice, then they would have 60 days before you could terminate their lease. That is, unless they don't pay the rent. Then you could immediately file to evict them after making demand for the rent.

Essentially are you saying that even though we gave them 60 days to vacate, they are still required to give us XXX amount of dates notice that they are leaving?
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Yes. Even though you gave them a 60 day notice, they can terminate earlier if they choose to by giving you a 30 day written notice. But if they pay the rent June 1 and move out June 2, that is their choice and you wouldn't have to refund any of the rent that they had paid. Once they pay, they have the right to stay whether they choose to or not. But you don't have to refund their money if they choose to leave.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 1 year ago.
Okay, this is why you are a lawyer and I am not.

1. We gave them the date of August 1, 2013, at noon to vacate the premises. I understand now that we COULD have given them 30 days because we do not live in Baltimore or Montgomery County.

2. We do not have to amend that to 30 days. We know that because of their limited income it may take them longer to find a place anyway so this is truly to their advantage.

3. We would never put them out on the street but my husband is concerned that if they pay us June's rent, and they leave June 15, 2013, then we would have to pay them back for 15 days. What you are saying is that is not the case right.

4. Do they have to give us written notice as well? What if they do not give us notice that they are leaving?

5. So I have a delivery confirmation number indicating that they received the termination notice May 16, 2013, but you indicate that the date does not start until the following day right?

6. Essentially the earliest they could move out is June 30, 2013? or would it be the 17th of June with them then paying us for 17 days in June?

7. How many days do we have to return their security deposit? I found one place that says 30 days and another that says 45 days?

8. Because everything was so dirty and I cleaned up the unit, vacuuming, removing trash and food from under furniture, etc., can I deduct this time from their security deposit. Yes our intent was to just fix the wall, but then it was like how could you walk away from the smell, food on the floor? Since we had the carpets all professionally cleaned when they moved in, who is responsible for paying to have them cleaned when they leave especially since this was "not your normal" wear and tear. This was pure dirt.

9. Should I just have left it until they came home and let them take care of it? I suppose it was easier for me to take care of the issues as I knew they would not as one of the tenants is not even speaking to us because while they were away, I texted to find out when they would be back so that we knew that all of the spackling, priming, and painting was done.

10. One of the tenants was upset because I indicated to them that we needed to speak with them about the apartment when they returned.

11. I am sure you are tired as am I. Once you answer these questions for me and if I have more, can I contact you again? Do I have to pay again especially since it will be within the next 2 days.



Expert:  Barrister replied 1 year ago.
We would never put them out on the street but my husband is concerned that if they pay us June's rent, and they leave June 15, 2013, then we would have to pay them back for 15 days. What you are saying is that is not the case right.
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Correct. You don't have to refund the rent.
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4. Do they have to give us written notice as well? What if they do not give us notice that they are leaving?
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Yes, if they are leaving sooner than Aug 1. If they don't then they are in breach of contract and you could sue them for one month's rent.
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5. So I have a delivery confirmation number indicating that they received the termination notice May 16, 2013, but you indicate that the date does not start until the following day right?
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No, if you mailed in earlier than the 16th, it would start the clock the day after you put it in the mail.
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6. Essentially the earliest they could move out is June 30, 2013? or would it be the 17th of June with them then paying us for 17 days in June?
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No, the earliest they could move out would be June 18th if they gave you notice in writing tonight. Unless your original lease says otherwise, they can give the 30 day anytime and would only owe for 18 days rent for June.
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7. How many days do we have to return their security deposit? I found one place that says 30 days and another that says 45 days?
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45 days.
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Because everything was so dirty and I cleaned up the unit, vacuuming, removing trash and food from under furniture, etc., can I deduct this time from their security deposit.
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No, not unless you paid to have it cleaned.
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Should I just have left it until they came home and let them take care of it?
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That is a judgment call only you could make.
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11. I am sure you are tired as am I. Once you answer these questions for me and if I have more, can I contact you again? Do I have to pay again especially since it will be within the next 2 days.
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I am. It is 2:36 am where I am and I have work in the morning... And yes you can always reach me by putting "For Barrister" in a new question heading. JA requires that when customers post a new question, that they open a new thread. I have actually gone a bit past where I am supposed to in answering a dozen or so questions under one thread...
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Have to log off for the evening now...will check back later this morning when I get to work.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
Thank you for going the extra mile for me. We asked them to give us 60 days in the original lease so I would suspect that they need to give us 60 days notice which would mean that by June 1, 2013, they need to put in writing that they would be vacating on August 1, 2013, which is the date that we indicated was the time that they needed to be out of the premises. I believe that if I have this right, if they were to give us WRITTEN notice on the 20th of May that they would be responsible for paying until the 20th of July and the lease would be terminated by both parties.

Expert:  Barrister replied 1 year ago.
You are very welcome.
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I believe that if I have this right, if they were to give us WRITTEN notice on the 20th of May that they would be responsible for paying until the 20th of July and the lease would be terminated by both parties.

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If you required a 60 day notice in the original lease, then that is correct.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22417
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for all of your assistance. Because I did not specify how much notice that we had to give them to vacate unless we sold the house (60 days) and only had written in the lease how many days that they had to give us (60) they of course are not going to be leaving anytime soon. I gave them options to leave prior to our vacation (30 days), or the weekend after our vacation (45 days), or 60 days and they of course are going to now be here while we are on vacation as they are taking option with 45 days. They are already requesting a detailed "damages" listing in which I told them I could not give them until we had the walk thru and informed them that they would have deposit (or remainder there of) within 45 of the required law (Sate of MD). Very concerned about them being here while on vacation, but I cannot do anything about it. If they take everything out of our home then I suppose we find them somehow. We are talking about a lawyer and his wife here so I would hope that he would be smart enough not to jeopardize his career. But you just never know. thanks again. I have learned the hard way and will make sure that what ever lease I "pay for" on line is alot more detailed.
Expert:  Barrister replied 1 year ago.
It is pretty unlikely that an attorney would do take your property because you can always track him down through the Bar Association and if he was convicted, he could lose his license to practice law. So the risk is not worth the reward.
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But yes, always feel free to contact me or any other legal expert here at JA when you have questions about anything of a legal nature. As the old saying goes "An ounce of prevention is worth a pound of cure".
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Thanks
Barrister

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