If I am in a month-to-month leasemust I give 60 days notice?

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If I am in a month-to-month leasemust I give 60 days notice?

I have been told from other landlords in the area that this is not right. I am trying to move because my landlord is not taking care of a bug infestation we have but I have to wait 60 days to do so. What can I do?

Asked on October 27, 2010 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a month to month lease, the correct notice period is one month or 30 days, not 60 days. So on one month's notice, yoiu could terminate your tenancy and move out. Note that you have another possible recourse: all leases, even oral or verbal ones, have what's called the "implied warranty of habitability." This means that the rented premises must be safely and hygenically inhabitable. A bad bug infestation might violate that warranty; if it does, you could potentially sue your landlord for some monetary damages or to force him to take care of  the problem. Usually, you need to first make written demands (and send them some way you can document delivery) to put the landlord on notice that there is a situation or condition which he has to remedy.


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