A tenant is considered holding over when he or she does not vacate a rental property at the end of the lease term or upon lease termination. In these cases, the tenant is typically liable to the landlord for all damages caused by the holding over. At the very least, the tenant is responsible for the rent owed during the time he or she over-stayed. In most cases, the landlord will also seek to evict the tenant. As in failure to pay rent cases, the landlord notifies the tenant of the intention to take possession of the property by posting an eviction complaint on the door. The landlord can also sue for additional monetary damages if the tenant is personally served.
If the landlord feels that the tenant has breached the lease or is violating another tenant’s rights to habitability or useful enjoyment, the landlord can file for breach of lease and provide 15 or 30 days’ notice.
Baltimore City Rules
Maryland tenant laws are unusual in that there are different rules in Baltimore City. For example, the landlord must give 60 days’ notice for breach of lease in Baltimore City as opposed to the 15 or 30 days in the rest of the state as discussed above. In addition, the City of Baltimore allows for the tenant holding over to be liable for double the rent for the period beyond the end of the lease term.
Montgomery County Rules & Landlord Tenant Commission
Some rules are different in Montgomery County as well. For example, landlords of multifamily properties are required to give renters at least two months’ notice when the lease term is at least month to month but less than year to year. Montgomery County also has a landlord-tenant commission which renders decisions on landlord-tenant cases unresolved by investigators. The commission reviews complaints, decides if law has been violated, and issues a written decision.
To learn about tenant holding over laws in Maryland, give us a call at Lebovitz Law. We have years of experience negotiating the best deals for our clients, whether it’s family law or property law. Contact us today.