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Session Laws, 1999
Volume 796, Page 3597   View pdf image
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(4) ] (i) The provisions of [§ 8-402(b)] THIS SUBSECTION shall apply to
all cases of tenancies from year to year, tenancies of the month and by the week. In
case of tenancies from year to year (including tobacco farm tenancies), notice in
writing shall be given three months before the expiration of the current year of the
tenancy, except that in case of all other farm tenancies, the notice shall be given six
months before the expiration of the current year of the tenancy; and in monthly or
weekly tenancies, a notice in writing of one month or one week, as the case may be,
shall be so given[; and the same proceeding shall apply, so far as may be, to cases of
forcible entry and detainer] .

(ii) This paragraph [(4)] (3), so far as it relates to notices, does not
apply in Baltimore City.

(iii) In Montgomery County, except in the case of single family
dwellings, the notice by the landlord shall be two months in the case of residential
tenancies with a term of at least month to month but less than from year to year.

[(5)] (4) When the tenant shall give notice by parol to the landlord or to
[ his] THE LANDLORD'S agent or representatives, at least one month before the
expiration of the lease or tenancy in all cases except in cases of tenancies from year to
year, and at least three months' notice in all cases of tenancy from year to year (except
in all cases of farm tenancy, the notice shall be six months), of the intention of the
tenant to remove at the end of that year and to surrender possession of the property
at that time, and the landlord, [ his] THE LANDLORD'S agent, or representative shall
prove the notice from the tenant by competent testimony, it shall not be necessary for
the landlord, [ his] THE LANDLORD'S agent or representative to provide a written
notice to the tenant, but the proof of such notice from the tenant as aforesaid shall
entitle [ his] THE landlord to recover possession of the property hereunder. This
[subparagraph] PARAGRAPH shall not apply in Baltimore City.

(5) ACCEPTANCE OF RENT ANY PAYMENT AFTER NOTICE BUT BEFORE
EVICTION SHALL NOT OPERATE AS A WAIVER OF ANY NOTICE TO QUIT, NOTICE OF
INTENT TO VACATE OR ANY JUDGMENT FOR POSSESSION UNLESS THE PARTIES
SPECIFICALLY OTHERWISE AGREE IN WRITING. ANY RENT PAYMENT ACCEPTED
SHALL BE FIRST APPLIED TO THE RENT OR THE EQUIVALENT OF RENT
APPORTIONED TO THE DATE THAT THE LANDLORD ACTUALLY RECOVERS
POSSESSION OF THE PREMISES, THEN TO COURT COSTS, INCLUDING COURT
AWARDED DAMAGES AND LEGAL FEES AND THEN TO ANY LOSS OF RENT CAUSED BY
THE HOLDOVER ANY PAYMENT WHICH IS ACCEPTED IN EXCESS OF THE FOREGOING
SHALL NOT BEAR INTEREST BUT WILL BE RETURNED TO THE TENANT IN THE SAME
MANNER AS SECURITY DEPOSITS AS DEFINED UNDER § 8-203 OF THIS TITLE BUT
SHALL NOT BE SUBJECT TO THE PENALTIES OF THAT SECTION.

(c) Unless stated otherwise in the written lease and initialed by the tenant,
when a landlord consents to a holdover tenant remaining on the premises, the
holdover tenant becomes a periodic week-to-week tenant if [he] THE TENANT was a
week-to-week tenant before [his] THE TENANT'S holding over, and a periodic
month-to-month tenant in all other cases.

 

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Session Laws, 1999
Volume 796, Page 3597   View pdf image
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