Changes to Maryland Landlord/Tenant Law Announced

Maryland has announced significant changes to the state’s Landlord/Tenant law, and all landlords need to become familiar with these modifications.  As of October 1, 2021, changes will be implemented that impact the Landlord Tenant eviction process and termination of leases for residential properties.

Landlords who wish to repossess their residential rentals under a Failure to Pay Rent (FTPR) filing will be required to provide to the tenant a ten-day notice saying the tenant has a right to pay the amount owed and/or seek the advice of legal counsel, which will now be provided to certain individuals. The notice must be sent first class, certified mailing and affixed to the door; or if approved by tenant, sent electronic via email, text or tenant portal.

The new amendment to Maryland Real Property Code, Section 8-401 allows tenants who make 50% less than the median household income for the State of Maryland [1] to be eligible to receive counsel.  It is now the responsibility of the landlord to inform the tenant of their right to counsel. Failure to do so may result in the landlord’s filing for repossession being dismissed.

Implementing the Change

To prepare for the change, the District Court offers a prepared form for the 10-day notice[2] as well as an updated FTPR form[3].  In addition, Lusk Law, LLC recommends adding to future leases a provision that allows tenants to select electronic delivery under the amended Md Code, 8-401.

When amending your future leases, also be sure they reflect the new law taking effect regarding notice of termination or nonrenewal. As of October 1, 2021, Maryland Real Property Code, Section 8-402, requires that Landlord’s notice of nonrenewal or termination of a week-to-week, month-to-month, or year-to-year lease have a new notice length.

New Notice Lengths Required for Nonrenewal or Termination of Leases

As of October 1, 2021 Landlords are required to give the following lengths of notice:
  • Week-to-week = 7-day notice
  • Month-to-Month = 60-day notice
  • Year-to-Year (Non-Farm) = 90-day notice
  • Year-to-Year (Farm) = 180-day notice
  • No lease = 21-days
Tenants are only required to give the following lengths of notice:
  • Week-to-week = 30-day notice
  • Month-to-Month = 30-day notice
  • Year-to-Year (Non-Farm) = 90-day notice
  • Year-to-Year (Farm) = 180-day notice

Here Are the Exceptions

There are exceptions to this amended Maryland Real Property Code, Section 8-402. Landlords owning five or more residential rental units are exempt from this notice requirement, as are rental units in Baltimore City and Montgomery County. If a property is under foreclosure, the landlord is required to only give a 30-day notice for month-to-month and 60-day notice for year-to-year.

Talk to Lusk Law, LLC for More Information About These Important Changes

Lusk Law, LLC has a thriving landlord/tenant practice, and we’ve helped countless landlords interpret and understand Maryland laws that impact their rental business and tenants understand their rights.  We are happy to answer your questions and explain the current changes to eviction and lease termination requirements. Call us for a consultation with a skilled landlord and tenant attorney in Maryland at (443) 535-9715.

[1] As determined by the United States Department of Health and Human Services. [2] District Court offers a prepared form for the 10-day notice [3] FTPR form