Maryland-Montgomery County Notice to Vacate for Cause

The Montgomery County notice to vacate for cause states that, as a result of a violation, the landlord desires to retake possession of the leased premises. A notice to vacate can be issued to a tenant during the lease time if the tenant has substantially breached the lease agreement.

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.

Who: This notice is filled out by you (the landlord) and given to a tenant who has violated conditions of their lease. Note that this form should only be used in situations where the tenant has committed a violation (or violations). Lease violations can be almost anything, from keeping pets in a property where it is prohibited to causing damage to the property. However, actions that result in violating the lease must be spelled out in the initial lease/rental agreement.

What: This form notifies the tenant that they have violated the terms of their lease and that you (the landlord) have decided to evict.

You’ll need to ensure that several important fields are completely filled out before serving your tenant, including the following:
• Your name and address
• The tenant’s name
• The address of the property in question
• The actual violations in question, including a breakdown of specific items if applicable
• The date of lease termination
• The date the tenant must quit the property
• Your name and signature
• The month, day and year of service
The method of serving notice to your tenant:
• Certified mail with return receipt
• Regular mail (not recommended)
• Deliver in person with the tenant’s name and signature
• Leaving a copy at the premises
• Posting a copy at the premises

When: This notice must be completed and given to the tenant at least 30 days prior to the date the tenant must quit the property. Note that if the breach involved dangerous behavior by the tenant or a guest of the tenant that “demonstrates a clear and imminent danger to the tenant, the landlord or other tenants”, you can issue a 14-day notice instead of a 30-day notice.

Resources:
• Sample Maryland Lease Agreement
• Maryland’s Law Summary
• Further Reading: Move Out & Eviction Articles

Tips and Tricks for Landlords:

Make sure that violations are clearly spelled out in your lease agreement to ensure that tenants understand the repercussions of their actions. Also, make sure you provide a full 30 days for the tenant to quit the property, unless their behavior can be deemed dangerous.