Early Lease Termination in Montgomery County, Maryland: What’s Different From Maryland State Law
Not legal advice. Landlord–tenant outcomes depend on the lease language and specific facts. Consider contacting a Maryland attorney or Montgomery County DHCA for guidance.
Tenants and landlords in Maryland often assume that “breaking a lease” is governed purely by state law. In practice, Montgomery County overlays additional tenant protections and mandatory lease terms that can materially change (1) when a tenant may terminate early, (2) how much notice is required, and (3) how much the landlord can charge when the lease ends early.
This post explains the baseline Maryland rules and then highlights the Montgomery County–specific provisions that frequently surprise both renters and property managers.
The Maryland state-law baseline: a contract—plus a few statutory “escape hatches”
1) Most early terminations are governed by the lease (and contract law)
Under Maryland law, a fixed-term lease is generally enforceable as written. If a tenant leaves early without a statutory justification or without a negotiated agreement, the landlord may pursue damages—typically unpaid rent—subject to the landlord’s duty to mitigate (i.e., make reasonable efforts to re-rent). Maryland codifies that duty to mitigate in Real Property § 8–207.
2) Statewide statutory protections exist, but they are narrower and more specific
Maryland provides certain statewide rights to terminate (or limit liability) in particular circumstances. Two commonly cited examples:
Domestic violence / abuse: A tenant may terminate future liability under a residential lease if the tenant or a legal occupant is a victim of abuse, using the notice process in the statute; once notice is provided, the tenant generally has 30 days to vacate.
Certain medical conditions / mental disorders: Maryland law also provides a process to limit liability when a named tenant/authorized occupant cannot remain at the premises due to qualifying medical circumstances, supported by physician certification and written notice.
Outside these (and a few other) statutory scenarios, early termination is typically handled through:
a negotiated lease termination agreement, or
the tenant’s continued liability for rent/damages, reduced by the landlord’s mitigation obligations.
Montgomery County’s key differences: broader “beyond the tenant’s control” termination + fee caps + DHCA-related repair termination
Montgomery County (through DHCA guidance and mandatory lease requirements for county rentals) goes further than state law in several practical ways.
1) A broad county-recognized category: “Reasons beyond the tenant’s control”
Montgomery County recognizes an early termination pathway that is broader than typical state-law carveouts: under certain circumstances, a tenant may terminate with 30 days’ written notice for “reasons beyond the tenant’s control,” and the notice does not have to match the rent payment cycle.
The County lists examples that include (among others):
involuntary change of employment from the Washington Metropolitan area,
death of a major wage earner,
unemployment,
domestic violence victimization (tenant or tenant’s child),
landlord harassment or privacy violations,
certain senior/health-related moves (e.g., needing nursing home or senior housing).
Why this matters: Maryland state law has specific statutory grounds (e.g., abuse; certain medical conditions). Montgomery County’s “beyond the tenant’s control” framing is broader and more practical, and it is also baked into what residential leases in the County must allow.
2) Montgomery County caps the termination charge in these cases
Where a tenant terminates for qualifying “beyond the tenant’s control” reasons, Montgomery County provides that the tenant may be liable for a termination fee not to exceed one month’s rent or the landlord’s actual damages—whichever is less.
Contrast with the state baseline: Maryland state law emphasizes damages and mitigation (Real Property § 8–207), but does not generally impose a universal one-month cap for early termination in ordinary circumstances.
3) A County-specific repair-related termination pathway tied to DHCA
Montgomery County requires county residential leases to include a provision allowing the tenant to terminate if:
after 30 days’ notice from Housing Code Enforcement, the landlord fails to make repairs deemed by DHCA to be a threat to health and safety;
the tenant must obtain DHCA permission; and
no termination fee may be charged under this provision. Montgomery County
Contrast with the state baseline: Maryland has statewide habitability-related remedies and procedures (including rent escrow concepts), but Montgomery County’s framework here is distinct because it is tied to DHCA enforcement and expressly requires the lease to allow termination in the specified repair scenario.
4) Notice mechanics: County-specific guidance can affect the last month’s rent exposure
Montgomery County’s DHCA guidance emphasizes:
written notice with a specific vacate date, and
the risk that if a tenant “holds over” into the next month, they can become liable for the entire next month’s rentabsent written permission otherwise (and landlords are not obligated to prorate).
This is less about “permission to terminate” and more about how notice timing and move-out execution can change the financial outcome.
A practical side-by-side summary
Maryland (statewide)
Lease controls unless a statutory right applies.
Landlord must mitigate damages when occupancy ends early.
Statutory early-termination pathways exist for specific scenarios (e.g., abuse; qualifying medical condition), each with defined documentation and notice rules.
Montgomery County (local overlay)
Requires leases to permit early termination with 30 days’ notice for a broad set of “beyond the tenant’s control” reasons.
Allows that notice not to coincide with the rent cycle in those situations.
Caps termination charges in those cases at one month’s rent or actual damages, whichever is less.
Provides a DHCA-driven repair termination route where no termination fee may be charged (with DHCA permission).
Steps tenants (and landlords) should follow in Montgomery County
Identify the basis for early termination
Use a written notice with a precise vacate date
Montgomery County is explicit that notices should be in writing and state the exact move-out date; execution matters because holding over can trigger a full additional month’s rent exposure.Attach documentation when required or advisable
The County expects tenants relying on “beyond the tenant’s control” reasons to be prepared to explain circumstances and provide evidence when giving notice.
State-law categories (abuse; medical) can require specific forms of documentation.Confirm the fee and damages approach
In the County “beyond the tenant’s control” pathway, the termination charge is capped as described above. Montgomery County+1
In other scenarios, state-law mitigation principles still loom large.For repair-related termination: coordinate with DHCA. If the basis is health/safety repairs, the County pathway requires DHCA involvement and permission.
Bottom line
Maryland law provides the contractual foundation and a handful of statewide statutory termination rights. Montgomery County goes further by mandating lease provisions that:
recognize a broader set of “beyond the tenant’s control” early termination reasons,
allow 30-day notice not tied to the rent cycle in those cases,
cap termination charges, and
create a DHCA-linked, health-and-safety repair termination option with no termination fee.
Our Montgomery County Addendum (coming soon) helps Landlords with the Montgomery County “escape clauses” and provides a Montgomery County-compliant lease so that Landlords don’t have to worry about county-specific laws.
