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The Eviction Process in Maryland
The Eviction Process in Maryland
Notice to Tenant: The landlord gives a 10- to 30-day eviction notice.
Filing: The landlord files an eviction lawsuit in court.
Summons: The court issues a summons to the tenant.
Court Hearing: Both parties attend the hearing and receive a judgment.
Time to Respond: The tenant has four days to move out, pay rent, or appeal.
Sheriff’s Warrant: If necessary, the court issues a warrant for the sheriff to remove the tenant.
In Maryland, tenants can be evicted for not paying rent, breaking lease terms, or causing serious safety issues.1. Notice from the Landlord
If a tenant violates the lease, the landlord must first send one of the following notices, allowing time to fix the issue:
Rent Demand Notice: 10 days to pay rent. If rent isn’t paid, the landlord sends this notice with the unpaid amount and a termination date (at least ten days after the notice).
Lease Violation Notice: 30 days to vacate. This notice is given if the tenant breaches another lease term and they have 30 days to move out.
Unconditional Notice to Quit: 14 days to leave. This notice is for serious violations that pose an immediate danger to anyone on the property.
Notices should be sent via first-class mail, posted on the rental unit, or sent electronically if agreed upon.
Landlords can recover damages and reasonable attorney fees for all evictions.
2. Filing an Eviction Lawsuit
If the tenant hasn’t resolved the issue by the end of the notice period, the landlord can file a complaint for “Summary Ejectment” in the Maryland District Court where the property is located. For nonpayment cases, they need to use a specific form called the Landlord’s Complaint for Repossession of Rented Property (Failure to Pay Rent), which must be obtained in person.
The complaint must include:
A description of the property
The tenant's names
The total amount of rent and late fees due
A request for the tenant to move out and pay what’s owed
Confirmation of when the eviction notice was served
Since the landlord complaint form can be complex, it's wise to get help from an experienced eviction attorney.
Filing fees are non-refundable, with costs varying based on the type of eviction.
3. Summons to Tenant
After filing, the court issues a summons that the sheriff must serve. This summons will specify the hearing date and time the tenant must attend. It will also instruct the tenant to respond to the complaint.
The service fee for the court summons is $5 per tenant, and it must be delivered by mail or served directly by the sheriff.
4. Court Hearing
On the day of the hearing, the landlord should bring all relevant documents, including the lease and proof of the lease violation. Both parties will present their cases, and typically, the judge issues a judgment that day. If it favors the landlord, they’ll receive an order for the tenant to leave within four days.
There’s an exception for tenants who provide medical certification that moving would endanger their health; they can get a 15-day extension.
5. Time to Move Out, Pay Rent, or Appeal
Tenants can pay any overdue rent and late fees during the four-day period to avoid eviction. If they do, the eviction complaint will be dropped. Either party can appeal the judgment within that time frame, but the tenant must meet specific conditions to delay the eviction.
If the tenant doesn’t pay or appeal, they must move out.
6. Warrant for Eviction
If the tenant hasn’t left after four days, the court can issue a Warrant of Restitution, allowing the sheriff to remove them from the property. This must be ordered within 60 days of the judgment, along with a service fee.
Delays in executing the warrant can only happen due to extreme weather conditions.
Maryland law doesn’t require landlords to store any personal property left behind after an eviction.
Maryland Eviction Time Estimates
Here's a rough timeline for each step of the eviction process in Maryland. Just remember that the actual duration can vary quite a bit based on the complexity of the case, the court’s workload, and whether the tenant decides to fight or appeal the eviction.
Eviction notice period - 10-30 daysService of summons to tenant - A few days
Eviction hearing - 5 days after filing (for nonpayment)
Issuance of order of possession - Within 4 days
Maximum extension - 15 days
Issuance of Warrant of Restitution - Within 60 days
