The difference between a year-to-year lease and a month-to-month lease is exactly what you are talking about. If you have a monthly lease, you can terminate the lease without penalty by telling the landlord a month`s full rent that you are going to move. On the other hand, if you have a full year of leasing, you don`t have that option. This tenant restriction works both ways, as the annual tenancy agreement also does not allow your landlord to increase the rent until the year is, instead of giving you the same one-month termination on a rent increase. Oral and written leases can be applied in court. However, it is often easier for a judge to settle a dispute between a tenant and a landlord over a tenancy case when there is a written tenancy agreement, because the judge can consider it. In the case of an oral tenancy agreement, the case corresponds to the word of the tenant in relation to that of the landlord. In both cases, the judge will also consider the evidence and other evidence present by the tenant and the lessor, but the written tenancy agreement indicates the conditions to which both parties have consented. Although oral leases are often applicable under the law, they may not be desirable.
Understand laws that are specific to your situation before deciding which path you want to follow. Regardless of the type of rental agreement – in writing, orally or even several years – the landlord should have clear communication with the tenant. By sending out notice before September 1, including for written leases, you can avoid any misunderstandings or pitfalls. If the tenant has a written tenancy agreement with termination clauses, the tenant intends to terminate the tenancy agreement. A written tenancy agreement cannot require that the tenant`s termination period be longer than the landlord`s termination period Read the Law: Code Md. Code, Real Property No. 8-501 2. Note is required to end the rent or change the terms If you wish to terminate the lease as part of an oral rental agreement, you must inform the landlord in writing. Similarly, if your landlord wants to end your rent, they must inform you in writing. The required notice period is at least thirty (30) days for monthly leases. The courts are very strict in applying the time set out in the notice. A judge will find that a period of 29 (29) days is insufficient and that any case of expulsion based on insufficient termination is rejected.
If the tenant does not provide enough information before evacuating the apartment, the tenant may be responsible for an additional rent. Does a landlord really have the legal right to make you responsible for paying an annual rent if you have never entered into a rental agreement? It still depends on the situation, but if you have orally agreed to a one-year lease, you cannot leave until the end of the year without risking to pay damages for the lease, as if it were written.