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Tennant Law

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Chucktkd

Junior Member
Maryland

I had a tennant move out without giving the 30 days written notice as per the contract. They did say they would be leaving but didn't say when. I don't know what day they left I just saw debris and furniture left on the lawn in the rain so I took possession. They left the house in a shambles.

I am suing and I need to know how long can I charge them rent? If they didn't give me the proper notice I believe I can get at least one month and they were on a month-to-month. This is in small claims court in Baltimore City.

Thank you!!

Chuck
 
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sandyclaus

Senior Member
Maryland Notice Requirements

Maryland

I had a tennant move out without giving the 30 days written notice as per the contract. They did say they would be leaving but didn't say when. I don't know what day they left I just saw debris and furniture left on the lawn in the rain so I took possession. They left the house in a shambles.

I am suing and I need to know how long can I charge them rent? If they didn't give me the proper notice I believe I can get at least one month and they were on a month-to-month. This is in small claims court in Baltimore City.

Thank you!!

Chuck
Maryland law requires 30 days notice to terminate a tenancy. That means you should count 30 days from when you believe they left, and then prorate from there.

Also, did they have a security deposit? You should deduct the unpaid rent from this amount first, then include any damages and costs to restore the rental back to what it was before the tenants took possession. This should be the total amount you should seek in your Small Claims complaint.

Just beware, your tenant will most certainly challenge your move-out date and figures. Be sure to back it up with complete documentation.
 

latigo

Senior Member
I think you will find that at common law and pretty much universal among the states the rule on ending a month-to-month tenancy holds that the tenant or landlord’s notice to quit is not necessarily effective to terminate the tenancy 30 days following the date the notice is given.

But in order to terminate the tenancy the notice must be given in advance of the next monthly rental period. So it’s a matter of timing

To explain.

If the rental period is from the first to the calendar end of each month, and say the tenant gives notice to quit on the 15th of the month, the notice is not effective on the 15th day of the following month. It would only become effective on the last day of the full calendar month next succeeding the date the notice is given.

In this instance, since formal notice was not given, the law will treat the date of the abandonment of the premises as a constructive notice to you of the tenant’s election to quit.

So calculate accruing rental accordingly - using the date you first became aware of their abandonment. Whatever, it won’t be less than one month’s rent.

But good luck in trying to collect on your small claims judgment.
 

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