Montgomery Maryland Tenant's Intent to Accept Lifetime Lease

State:
Multi-State
County:
Montgomery
Control #:
US-03368BG
Format:
Word; 
Rich Text
Instant download

Description

A life lease can be for the life of the tenant, for a specific term (e.g. 50 years), and some have no specified termination date. Under a life lease, a tenant pays an entrance fee for a rental unit. The tenant also pays rent each month to cover maintenance and other expenses. They then have exclusive use of their suite, shared use of all common areas and facilities, and other benefits. Majority of life lease communities are developed and owned by non-profit organizations, charitable groups, service clubs or religious institutions.


Properly structured, the life lease form of ownership offers similar protection to freehold ownership. For example, the life lease can be registered on title to the property the same as a deed can be registered on a condominium or detached house. When a resident leaves or passes away, the lease usually can be sold to someone on the sponsors waiting list or on the open market, or transferred back to the developments sponsoring organization. Some life lease agreements permit the interest to be passed to the residents family through their will. Conditions of this right of transfer are determined by the non-profit organization that establishes the life lease project. Most non-profit organizations, in consultation with the residents, restrict who can live in the building to ensure that the integrity of the community is maintained. Often the life lease project maintains a waiting list of applicants, who meet the entrance criteria for the housing community, and have first option to purchase the life lease.

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FAQ

Yes, a lease can automatically renew in Maryland. The lease must include an automatic renewal clause that is separate from other clauses in the lease. This clause must be signed or initialed separately from the rest of the lease (MD Real Prop Code § 8-208 (e)).

Refusal to Renew In most cases, landlords of non-rent controlled or non-rent stabilized residential dwellings can refuse to renew the leases of their tenants. As the "NOLO" website notes, landlords are free to decline to renew both fixed-term tenant leases and month-to-month versions.

Tenant Holdover LocationRequired Notice PeriodLocationExpired or MtM lease in Baltimore CityRequired Notice Period60/daysLocationExpired or MtM lease in some Montgomery County CitiesRequired Notice Period60/daysLocationExisting 1/Year Lease in MarylandRequired Notice Period90/days Judge may review clause in lease2 more rows

If there is no written lease, the landlord has to give the tenant sixty (60) days notice to terminate the tenancy.

There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.

A notice to vacate from your landlord is not a court order. This is the written notice that a landlord must give you at least one month before your lease ends, if they want you to move out at the end of the lease. If you do not move out, your landlord must go to court to try to evict you.

After the lease or rental agreement term expires, parties may request a 6-10 day continuance, meaning the hearing would be postponed for another 6-10 days. For nonpayment of rent evictions, the continuance can only be for one day.

A Maryland lease termination letter (Notice to Vacate) is a required document to end month-to-month lease agreements in Maryland. State law requires giving at least 30 days notice for termination. However, state law does not require notice to be given to end fixed term lease agreements on their end date.

New Notice Lengths Required for Nonrenewal or Termination of Leases. As of October 1, 2021 Landlords are required to give the following lengths of notice: Week-to-week = 7-day notice. Month-to-Month = 60-day notice.

There are certain steps a landlord must take to notify the tenants of the non-renewal. Most states require the landlord to give some kind of written notice to the tenant. The lease renewal notice period is usually 30 to 60 days, depending on the state.

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Montgomery Maryland Tenant's Intent to Accept Lifetime Lease