To end a month-to-month tenancy in Maryland, either party must give 60 days' written notice before the period expires under Real Property § 8-402. Weekly tenancies require 7 days' notice with a written lease or 21 days without one. Accepting rent after notice does not waive the termination.
Md. Code, Real Property § 8-402 governs notice to end a periodic residential tenancy when a tenant holds over. For "a written lease for a stated term in excess of 1 week or a tenancy from month to month," notice must be given "60 days before the expiration of the tenancy." For a week-to-week tenancy, the period is "7 days" with a written lease, or "21 days" without one. The statute provides that "acceptance of any payment after notice but before eviction shall not operate as a waiver" of the notice unless the parties agree otherwise in writing. If the tenant remains after proper notice, the landlord files a tenant-holding-over complaint in District Court for restitution of possession. Section 8-402's 60-day month-to-month requirement is longer than the 30 days common in many states.
No fixed monetary penalty; a termination without the required notice cannot support a holding-over judgment, and the landlord must use the court process rather than self-help (Real Property § 8-402).
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