Notices

A notice of rent increase must be in writing and delivered to a tenant at least 90 days prior to the effective date of the rent increase. In addition:

• A notice of rent increase for a 2-year renewal of the lease must contain information on the rent for both years in that notice;
• This notice must correspond with the rent payment cycle; for example, a 90-day notice of rent increase given by a landlord on March 29 (before the rent due date of April 1) would take effect on July 1. Similarly, a 90-day notice given by a landlord on April 2 (after the rent due date) would not take effect until August 1;
• A tenant may receive only one rent increase in a 12-month period; and,
• Although there is no rent control in Montgomery County, with the exception of the City of Takoma Park, the the DHCA strongly encourages landlords to adhere to the County Executive’s recommended voluntary guideline for annual rent increases.

 

A rent increase notice must be in writing and contain the following information:

• The current rent amount; the proposed new rent amount; and, the percentage increase in monthly rent;
• The effective date of the proposed increase;
• The applicable voluntary rent guideline (e.g., 0.4% on or after Feb. 4, 2022); and, 
• A statement that the tenant may ask the DHCA to review any rent increases that the tenant considers excessive.  This note may include our telephone number, 240-777-0311; and
• Any other information the landlord deems useful in explaining the rent increase.

 

The landlord should also advise the tenant that if they do not wish to renew the lease or pay the rent increase, they must give a 60-day written notice to vacate. See: Model rent increase notice (PDF)

Tenants must pay their rent in a timely manner. Only under very limited circumstances (See Rent Escrow), may rent be legally withheld. If rent is not paid, the landlord has the right to file suit in District Court for non-payment of rent.

Prior to filing a complaint in District Court, the landlord must provide a Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent). This notice must be sent by first-class mail with a certificate of mailing; or, affixed to the door of the premises; or, if elected by the tenant, sent by electronic delivery (email, text message, or, via the electronic tenant portal). If the tenant does not pay the money owed within 10 days of receiving the landlord's written notice, then the landlord can file a Failure to Pay Rent Complaint in District Court. (See: Eviction – Court Process).

No eviction can occur until a court issues a court order and the eviction is scheduled by the Sheriff’s Office. That means that a landlord can never change the locks, cut utilities, or remove a tenant’s belongings without a court order and a Sheriff present.

When a tenant notifies the landlord of a defect in the property or requests repairs, DHCA highly recommends that the tenant make this request in writing. The landlord must make the repairs in a reasonable time period. If the landlord fails to make the repairs in a timely manner, the tenant should call Housing Code Enforcement at 240-777-0311 to file a complaint and request an inspection by County Housing Code Enforcement staff. Tenants calling 311 should request and record their tracking number.

Certificate of Mailing

When notifying a landlord or tenant by first class mail, it is advisable to go to the Post Office and obtain a Certificate of Mailing. This is a receipt provided by the Post Office at the time of mailing, acknowledging that a letter was mailed by regular mail to the recipient at a specified address and the date of mailing. The letter is delivered like any other piece of mail, and you will have a receipt documenting that you mailed it on that date.

When a renter wants to leave the rental property, the renter must give their landlord written notice of their intent to vacate. A renter’s notice to vacate must be in writing; must state the specific date by which the renter will vacate; must be given for the proper notice period; and must be received by the landlord on or before the rent due date (except in cases of early termination by the renter for reasons beyond their control). You can find Notice to Vacate forms at Publications and Forms .

Following are situations in which a renter can give their landlord a Notice to Vacate:

1. Renter who wants to leave the property at the expiration of the lease term or in a month-to-month tenancy must give written notice, as required by the lease. Tenants are advised to call Landlord-Tenant Affairs at 240-777-0311. The notice must be received by the landlord on or before the rent due date. Remember, tenants are still bound by the provisions of the lease, even though it has expired.
2. Early Termination: “Reasons beyond the Tenant’s Control.” Under certain circumstances, a tenant may terminate the lease agreement by giving the landlord a 30-day written notice to vacate. This notice does not have to coincide with the rent payment cycle. This option applies to a tenant who cannot fulfill the balance of the rental contract because of:
   • an involuntary change of employment from the Washington Metropolitan area (generally 25 miles);
   • death of a major wage earner;
   • unemployment;
   • tenant or tenant’s child being the victim of domestic violence;
   • a landlord harassing the tenant or violating the tenant’s privacy rights;
   • the tenant or tenant’s spouse being 62 or older, no longer able to live independently, and needing to move to a nursing home or other senior housing;
   • tenant being incarcerated or declared mentally incompetent; or
   • any other reasonable cause beyond the tenant’s control.

   The tenant should be prepared to explain the specific circumstances in the notice to vacate and provide evidence to substantiate the reasons at the time the notice is given. The tenant is responsible for rent through the notice period. Under these circumstances, the tenant may be liable for a termination fee not to exceed one month’s rent or actual damages sustained by the landlord as a result of the breach, whichever is less.

   Lack of Repairs: A tenant may also terminate the lease if after 30 days’ notice from Housing Code Enforcement, the landlord has failed to make repairs which are deemed by DHCA to be a threat to the health and safety of the tenant. Tenants who terminate using this provision must first obtain permission from DHCA and may not be charged a termination fee.

   Once a tenant has given notice to the landlord, it cannot be taken back without approval by the landlord. If the tenant does not leave by the date on the vacate notice, the landlord has the right to obtain a court order to evict the tenant by filing a Tenant Holding Over (THO) action in the District Court (See information on Evictions). The tenant is responsible for paying rent during this period. If a landlord cannot fulfill their obligations to the next tenant, with whom they have signed a lease, because the current tenant remained in the property after the notice period, the landlord and the new tenant both may take an action against the holdover tenant for damages.

   A landlord may accept rent from a tenant after the notice period on a tenant holding over or breach of lease action, without waiving their rights to evict under that notice. Payment of rent after the notice to vacate has expired does not renew the lease. The landlord can accept rent and still pursue a tenant holding over or breach of lease action in accordance with their notice to vacate.

   3. Early Termination “Reasons within the Tenant’s Control.” Early lease termination due to marriage or purchase of a house are typical examples in this category. The tenant has contracted to pay rent through the term of the lease; therefore, the more notice a tenant can give a landlord, the better chance there is of the property being re-rented. Upon re-rental of the dwelling unit, the rental obligation of the previous tenant ceases. This arrangement will help lower the costs incurred by the tenant, because the landlord must make reasonable attempts to re-rent the property to offset damages caused by the tenant’s early termination. Usually, the landlord will require the tenant to pay for lost rent, advertising costs, and any legitimate costs incurred to re-rent the property. Another option available to the tenant is subleasing. Subleasing is the transfer of possession and certain rights at the rental property for the remaining term of the tenant’s lease. The landlord may not unreasonably deny the tenant’s right to sublease; however, subleasing may not be allowed in all cases. If a tenant is considering using this option, DHCA strongly recommends that they call the Office of Landlord-Tenant Affairs to ensure that a sublease is accomplished in compliance with applicable law.

Notices to Vacate by Subject Matter & Requirements: A landlord can provide a Notice to Vacate for a number of reasons including: non-renewal of lease/tenant holding over and/or breach of lease. The requirements vary based on the subject matter.

General Requirements for All Notices to Vacate

You can find Notice to Vacate forms at Publications and Forms. All Notices to Vacate must:

• Be in writing
• State the exact date by which the property is to be vacated;
• Provide the tenant written notice on or before the rent payment due date, except in cases of breach of lease; and,
• Include the following statement in any notice to vacate, “General information and assistance regarding evictions is available from the Department of Housing and Community Affairs.” This statement must be provided prior to beginning any judicial action to regain possession of the rental property.

Notice to Vacate - Non-Renewal of Lease

If a landlord does not want to renew a tenant’s lease, the landlord must provide a 60-day notice to vacate. This requirement applied to month-to-month leases, long term leases, multifamily and/or single family rentals. The landlord is not required to state a reason for the notice. 

(Description of a month-to-month lease: A tenant who remains in a rental property after the initial lease expires and does not sign another long-term lease or receive an offer for one is considered a month-to-month tenant. All the provisions of the lease still apply, except that the rental agreement is automatically renewed monthly.)

The notice to vacate must correspond with the rent payment cycle; for example, a sixty-day notice to vacate given by a landlord on March 29 (before the rent due date of April 1) would expire May 31st, thus indicating the tenant should be out by midnight May 31st. Similarly, a sixty-day notice given by a landlord on April 2nd (after the rent due date) would expire June 30th.

Important Note: A notice to vacate from a landlord to a tenant is NOT an eviction notice. A tenant can only be evicted by an order from the court, in the presence of the Sheriff.

Notice to Vacate: Breach of Lease  If the tenant has substantially breached the lease, a landlord can issue a notice to vacate to the tenant during the lease term. Such notice must be given at least 30 days prior to the date on which the landlord intends to repossess the property and contain the specific circumstances of the alleged breach. This notice does not have to coincide with the rent payment cycle. When the lease provides that the landlord may re-possess the property if the tenant breaches the lease, as a general rule, the landlord must give the tenant 30 days’ written notice that the tenant is in violation of the lease, must state the nature of the breach, and must state the intention to repossess the property. This notice does not have to coincide with the rent payment cycle. However, a landlord may give a 14-day breach of lease notice if the breach involves behavior by the tenant or a person who is on the Property with the permission of the tenant which demonstrates a clear and imminent danger to the tenant, the landlord, other tenants, or themselves (Section 8-402.1(a)(2)(B) of the Real Property Article of the Annotated Code of Maryland).

Certificate of Mailing: When notifying a tenant by first class mail, it is advisable to go to the Post Office and obtain a Certificate of Mailing. This is a receipt provided by the Post Office at the time of mailing, acknowledging that a letter was mailed by regular mail to the recipient at a specified address and the date of mailing. The letter is delivered like any other piece of mail, and you will have a receipt documenting the fact that you mailed it on that date. Note: Always keep a copy of the Notice to Vacate for your records.  

If a lease contains a different notice period than the one described above, tenants are advised to call Landlord-Tenant Affairs at 240-777-0311.

After a Landlord Provides the Tenant a Notice to Vacate

Rent Obligations Continue: A tenant is responsible for paying rent during the notice period. Furthermore, a tenant's obligations do not necessarily end when they move out.

Tenant Holding Over: Tenants who receive notice to vacate for non-renewal and fail to leave in accordance with that notice become tenants holding over and can be sued by the landlord in District Court. Tenants can be evicted for holding over and may be liable for costs incurred by the landlord as a result of their failure to vacate.

If the tenant does not leave by the date of the vacate notice, the landlord has the right to obtain a court order to evict the tenant by filing a Tenant Holding Over (THO) action in the District Court (See information on Evictions). The tenant is responsible for paying rent during this period. IF a landlord cannot fulfill their obligations to the next tenant, with whom they have a signed lease, because the current tenant remained in the property after the notice period, the landlord and the new tenant both may take an action against the holdover tenant for damages.

A landlord may accept rent from a tenant after the notice period on a tenant holding over action. without waiving their rights to evict under that notice. Payment of rent after the notice to vacate has expired does not renew the lease. The landlord can accept rent and still pursue a tenant holding over action in accordance with their notice to vacate. 

Breach of Lease

After providing a breach of lease notice to vacate, if the tenant does not voluntarily vacate, the landlord must obtain a court order to repossess the unit.

To obtain a court order, the landlord must demonstrate to the court that:

• The tenant breached the terms of the lease; 
• The breach is substantial and on-going; and, 
• The breach warrants eviction.

A landlord may accept rent from a tenant after the notice period on a breach of lease action, without waiving their rights to evict under that notice. Payment of rent after the notice to vacate has expired does not renew the lease. The landlord can accept rent and still pursue a breach of lease action in accordance with their notice to vacate. 

If the tenant corrects the breach before the court date, the tenant can appear and demonstrate this to the court. It will be up to the court to decide whether an eviction will take place. Due to the complexities involved, it is recommended that a landlord or tenant contact the Office of Landlord-Tenant Affairs for more specific information regarding Breach of Lease actions.

For more information, see the Landlord-Tenant Handbook. If you have questions, you can contact the Office of Landlord-Tenant Affairs by calling 311 (240-777-0311) or send email to olta.intake@montgomerycountymd.gov