General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member or spouse whose lease is affected by a change of assignment owes no more than rent due plus 30 days' rent after giving written notice and proof of the orders.
- A tenant who is, or whose household member is, a victim of abuse can end future liability under the lease by giving the required written notice and vacating within 30 days, owing rent for no more than that period.
- When a tenant leaves before the end of the term, the landlord has a duty to mitigate damages, and any rent from a replacement tenant reduces what the departing tenant owes.
- A landlord must give at least 60 days of written notice to end a month to month tenancy, while a tenant generally gives 30 days.
A Maryland tenant who leaves early may still owe rent, but the landlord has a duty to mitigate by trying to re-rent. Survivors of abuse and service members with a change of assignment can end a lease on 30 days of notice.
Maryland breaking a lease at a glance
| Rule | Maryland | Law |
|---|---|---|
| Military service | A service member or spouse whose lease is affected by a change of assignment owes no more than rent due plus 30 days' rent after giving written notice and proof of the orders. | Md. Code, Real Property 8-212.1 and Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A tenant who is, or whose household member is, a victim of abuse can end future liability under the lease by giving the required written notice and vacating within 30 days, owing rent for no more than that period. | Md. Code, Real Property 8-5A-02 |
| Landlord duty to re-rent | When a tenant leaves before the end of the term, the landlord has a duty to mitigate damages, and any rent from a replacement tenant reduces what the departing tenant owes. | Md. Code, Real Property 8-207 |
| Month-to-month notice | A landlord must give at least 60 days of written notice to end a month to month tenancy, while a tenant generally gives 30 days. | Md. Code, Real Property 8-402 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member or spouse whose lease is affected by a change of assignment owes no more than rent due plus 30 days' rent after giving written notice and proof of the orders. (Md. Code, Real Property 8-212.1 and Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A tenant who is, or whose household member is, a victim of abuse can end future liability under the lease by giving the required written notice and vacating within 30 days, owing rent for no more than that period. (Md. Code, Real Property 8-5A-02)
Unlivable conditions
We could not confirm a statewide rule here. Check your county court or a local attorney.
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves before the end of the term, the landlord has a duty to mitigate damages, and any rent from a replacement tenant reduces what the departing tenant owes. (Md. Code, Real Property 8-207)
Month-to-month tenancies
Month-to-month notice. A landlord must give at least 60 days of written notice to end a month to month tenancy, while a tenant generally gives 30 days. (Md. Code, Real Property 8-402)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Maryland rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Maryland attorney about your situation.
Laws named on this page
- Md. Code, Real Property 8-212.1 and Servicemembers Civil Relief Act (50 U.S.C. 3955)
- Md. Code, Real Property 8-5A-02
- Md. Code, Real Property 8-207
- Md. Code, Real Property 8-402
Official sources
Maryland forms for this topic
Letters and checklists for this topic
Where landlords trip up.
Can a service member break a lease in Maryland?
A service member or spouse whose lease is affected by a change of assignment owes no more than rent due plus 30 days' rent after giving written notice and proof of the orders. Source: Md. Code, Real Property 8-212.1 and Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in Maryland?
A tenant who is, or whose household member is, a victim of abuse can end future liability under the lease by giving the required written notice and vacating within 30 days, owing rent for no more than that period. Source: Md. Code, Real Property 8-5A-02.
Does a Maryland landlord have to re-rent the unit?
When a tenant leaves before the end of the term, the landlord has a duty to mitigate damages, and any rent from a replacement tenant reduces what the departing tenant owes. Source: Md. Code, Real Property 8-207.
How much notice ends a month-to-month tenancy in Maryland?
A landlord must give at least 60 days of written notice to end a month to month tenancy, while a tenant generally gives 30 days. Source: Md. Code, Real Property 8-402.