Hi a tenant renting a room in our basement,she just move in last feb 3 three days later,she ask if she can put her on lock in her room,i told her no because the room has it own lock.the next day she txt me and told me someone took the remote control,pen and earring,i told her she was in her room the whole night,and then next day she will tell me her stuff is missing. I sensed something not right about her,so i talk to her that since she is in month to month contract that i will not renew her contract for next month and that she need to move out on march 3,i gave her a written move out notice.the next day she start accusing that someone stole her earbuds,deposit slip,bank account statement. I'm afraid she will continue accusing us of things in the 4 weeks that she is still here ,what can i do about this situation. Thank you
If your tenant moved in on 03 FEB, and you gave her notice that you desired not to allow her to have another month, you're likely to get sued.
In nearly all cases, written notice is required for a landlord or a tenant to terminate a tenancy, even month-to-month oral tenancies. Usually, the lease will specify the notice that is required. The periods of notice listed below are the minimum periods required by law and the tenant may not waive his right to receive the prescribed minimum. However, either landlord or tenant, or both, may agree to give a longer notice period than that required by law except that a written lease may not require that the notice period given by the tenant is longer than the notice period given by the landlord.
NOTE: The day of delivery is not counted as part of the notice time. If the notice is sent by mail, it should be mailed early enough to be delivered in time; the courts generally presume delivery 3 days after mailing.
The length of notice from landlord to tenant to terminate the tenancy as required by state law is as follows:
In the case of weekly tenancies, notice must be given in writing at least one week before the end of week when tenant is to leave;
In the case of tenancies by the month, notice must be given in writing at least one month before the end of month when tenant is to leave;
In the case of tenancies from year to year, including tobacco farm tenancies, notice in writing must be given at least three months before the end of the current year of the tenancy. (All other farm tenancies require six months' notice before the end of the lease year.)
In tenancies for a definite term (no provision for renewal), notice in writing must be given at least one month before the end of the term;
In tenancies at will (no fixed term), one month's notice must be given in writing.
Your situation is identified in red or blue (BOLDED) above.
You need to provide the notice to your tenant in writing and such notice MUST be 30 days on the month to month (at will) rental arrangement in which the two of you are engaged!
If you gave her notice today, it would extend beyond the March 3rd, which begins a new 30 day period. Note, too, the NOTICE is required to be given in writing!
I suggest you rethink the matter, give her proper notice, otherwise you might be PAYING her, because what you're doing is considered an ILLEGAL EVICTION!
http://www.landlordology.com/maryland-landlord-tenant-laws/
If your rental location is in Baltimore County, the laws are slightly different:
http://www.peoples-law.org/special-laws-rules-baltimore-city