Breaking a lease in Maryland

If you are the tenant

• The tenant's notice must come at least 30 days before the expiration of the tenancy (Real Prop. § 8-402(c)(3)); for a month-to-month tenancy the tenancy expires at the end of a monthly period. The state Tenant Bill of Rights says tenants must give at least 30 days' written notice unless the lease requires more.

If the landlord ends it

• A landlord must give written notice at least 60 days before the expiration of a month-to-month tenancy (Real Prop. § 8-402(c)(2)(i)).

Written notice required: Yes. The DHCD Tenant Bill of Rights says tenant notice must be written; § 8-402(c)(3) lets a landlord rely on a tenant's oral notice proved in court, except in Baltimore City.

• year-to-year, both: 90 days, ending with a rental period. For a year-to-year tenancy, notice is 90 days before the end of the current year of the tenancy (§ 8-402(c)(2)(ii), (c)(3)).
• week-to-week, landlord: 7 days, ending with a rental period. A landlord ending a week-to-week tenancy gives 7 days' notice if there is a written lease, or 21 days if not (§ 8-402(c)(2)(iv)).

A tenant who leaves before the term ends stays liable for rent, but the landlord has a non-waivable duty to mitigate (Real Prop. § 8-207); if the landlord sublets, the original tenant is secondarily liable for the rest of the term plus consequential damages.

Landlord's duty to re-rent: Yes. Real Prop. § 8-207 makes the aggrieved party mitigate damages when the tenant ends occupancy early; the landlord need not show or lease the unit ahead of other vacant units, and the duty cannot be waived in a lease.

Lease-break fees: No statewide cap on lease-break fees; § 8-212.2 caps medical-condition liability at 2 months' rent. Montgomery County caps the fee for its listed reasons (see localRules).

• Domestic violence, sexual assault or stalking (Real Prop. §§ 8-5A-02, 8-5A-03)

  A tenant whose household includes a victim of abuse can end future liability by written notice (first-class mail or hand delivery) and must move out within 30 days.

  Notice:

  30 days, in writing

  Proof:

  A copy of a protective order or peace order, or a report by a qualified third party signed within the past 60 days with the alleged abuser's name and description redacted.

  What you still owe:

  Rent only from the notice until the tenant vacates, up to 30 days; if leaving sooner, the tenant must send a signed, notarized notice of vacating by first-class mail or hand delivery.

• Military service (state law) (Real Prop. § 8-212.1)

  An active service member (or spouse) who gets permanent change-of-station orders, temporary duty over 90 days, orders to base housing, or release from active duty (including retirement, honorable separation, or demobilization after 180+ days) can cap rent liability.

  Proof:

  Written notice and proof of the change of assignment.

  What you still owe:

  Rent then due plus 30 days' rent after notice and proof, plus repair costs for tenant-caused damage.

• Age, illness or disability (Real Prop. § 8-212.2)

  A tenant whose medical condition restricts mobility or requires a higher level of care can limit rent liability; it does not apply if the lease already has an early-termination clause with notice of 1 month or less and liability of 2 months' rent or less.

  Proof:

  A signed certification on letterhead from a Maryland-licensed physician or psychologist that a named tenant or occupant can no longer live there because of a qualifying medical condition or mental disorder, plus written notice of the move-out date.

  What you still owe:

  Rent liability capped at 2 months' rent after the tenant vacates.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Montgomery County: Every lease must let the tenant end it on 30 days' written notice for involuntary job transfer out of the Washington area, death of a major wage earner, unemployment, domestic violence, landlord harassment or privacy violations, a tenant or spouse 62+ who must move to senior housing or a nursing home, incarceration or incompetence, uncorrected health/safety code violations, or other reasonable cause beyond the tenant's control; any termination charge is capped at the lower of one month's rent or actual damages (none for code violations).
• Baltimore City: Tenants need to give only 30 days' notice to end any tenancy, including year-to-year, unless the lease requires more.

• An automatic-renewal clause (for renewals over 1 month) must be set apart and initialed or signed by the tenant, or it is unenforceable (§ 8-208).
• Timing for the tenant's 30-day notice is inferred from § 8-402(c)(3) ('before the expiration of the lease or tenancy'); no official guide spells out the rent-day rule.

• Write a Maryland notice to vacate
• Maryland security deposit law: getting your deposit back after you move

• Md. Real Prop. § 8-402 Retrieved October 13, 2026.
• Md. Real Prop. § 8-207 Retrieved October 13, 2026.
• Md. Real Prop. § 8-208 Retrieved October 13, 2026.
• Md. Real Prop. § 8-212.1 Retrieved October 13, 2026.
• Md. Real Prop. § 8-212.2 Retrieved October 13, 2026.
• Md. Real Prop. § 8-5A-02 Retrieved October 13, 2026.
• Md. Real Prop. § 8-5A-03 Retrieved October 13, 2026.
• Maryland DHCD Tenant Bill of Rights Retrieved October 13, 2026.
• Montgomery County Bill 6-19 (Code § 29-27(s)) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.