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Landlords & tenants: How can a lease be terminated?

May 28, 2008

The landlord may terminate a lease before its end if the tenant substantially breaches the lease. To do so, the landlord must send a notice to the tenant that states the tenant has breached the lease and indicates the landlord wants possession of the rental unit. If the tenant does not move out, the landlord may go to court and ask for eviction of the tenant. If the court determines that the breach warrants eviction, the court will issue an order evicting the tenant.

There are cases where the landlord’s actions allow the tenant to terminate the lease. A tenant should seek the advice of an attorney for this.
If a tenant is on a month-to-month lease, and is not federally subsidized, the tenancy may be terminated by either the landlord or the tenant after one month’s written notice (two months in Baltimore City and Montgomery County).

It is illegal for a landlord or tenant to terminate a lease for a retaliatory reason. However, it is not necessary for either the tenant or the landlord to give a reason for the notice under normal circumstances. Where the tenant is federally subsidized, the landlord may terminate the tenancy only if the landlord has a valid reason.

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