Cal. Civ. Code § 8-109
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
Uninterrupted possession for 12 months after the expiration of the lease containing a covenant for perpetual renewal of all or part of the leased premises by the tenant or any person claiming under the tenant operates as a renewal with respect to the entire premises. It conclusively is presumed in reference to the whole or any part of the leased premises, of which possession is retained, and in favor of the tenant or of the person claiming under the tenant, that a new lease of the whole of the leased premises was executed prior to the expiration of the lease by the landlord named in it, or by the person rightfully claiming under the landlord, to the tenant, or the person rightfully claiming under the tenant for the additional term under the rent and on the covenants, conditions, and stipulations as were provided in the lease.
Under Maryland Real Property § 8-109, when a lease contains a covenant for perpetual renewal, a tenant who remains in uninterrupted possession of the leased premises for 12 months after the lease expires is treated as having automatically renewed the lease. The law creates a conclusive legal presumption that a new lease was executed before the original lease ended, covering the entire premises under the same rent, covenants, conditions, and stipulations as the original agreement. This presumption applies both to the tenant and to anyone lawfully claiming rights through the tenant.
Plain English — not legal advice.
Maryland Real Property § 8-109 means that landlords who include perpetual renewal covenants in their leases should be aware that allowing a tenant to remain in uninterrupted possession for 12 months after lease expiration triggers an automatic, legally conclusive renewal of the entire lease on the original terms. Compliant operators who wish to avoid unintended renewals generally monitor lease expirations closely and take timely action before the 12-month holdover period elapses. Because the presumption under § 8-109 is conclusive rather than rebuttable, operators typically consult qualified legal counsel when drafting or administering leases that contain perpetual renewal language.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Maryland Real Property § 8-109, a tenant holding a lease with a perpetual renewal covenant who remains in uninterrupted possession for 12 months after the lease expires gains the benefit of a conclusive legal presumption that a new lease on the original terms was created. This provision can be a significant protection for tenants and those claiming under them, as it applies to the whole of the leased premises and cannot be rebutted by the landlord. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or a licensed Maryland attorney to understand how § 8-109 might bear on their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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