Maryland Eviction Process

Guide to the Eviction Process in Maryland

Eviction in Maryland:

Maryland Eviction Laws

In the State of Maryland, the eviction laws and landlord tenant laws are contained in the Maryland Code, Real Property Section, Title 8. Local cities and jurisdictions might make their own rules and procedures, but they must comply with the laws in the Maryland Code. If you are a landlord in Maryland, it is a good idea to become familiar with these landlord tenant laws.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

Reasons for Eviction in Maryland

In Maryland, a landlord can evict a tenant for:

• Non-Payment of Rent – The most common reason for eviction. Once the rent is late, the landlord can evict the tenant.
• Breach of Lease – There are a number of obligations that a tenant must adhere to in a lease. If the tenant breaks these obligations, that can be grounds for eviction. Examples include unauthorized pets, destroying the property, and criminal activity.
• Hold-Over – A “hold-over” is when a tenant stays in the property after their lease has expired. Before the landlord evicts for holding over, the landlord should make sure that proper notice was given to the tenant that their lease was going to expire.

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Eviction Notice

The first step in the Maryland Eviction Process is the landlord giving the tenant notice that they are going to evict. For non-payment of rent, a 3 Day Eviction Notice is recommended, even though the law does not specify a notice period. For Breach of Lease or Holdover, a 1 Month Eviction Notice is required. However, if the landlord contends that the tenant’s breach causes a danger to themselves, others, or the property, the landlord can serve a 14 Day Eviction Notice.

 

Complaint and Summons

After the tenant has been given proper notice, and is still in possession of the property, the landlord must now go to court. The landlord should go to the District Court in the county where the property is located. The landlord will fill out a Complaint form to be filed with the District Clerk, stating the reasons for the eviction, and the ammount owed the landlord (in the case of back rent, damages, etc.). There will be a filing fee. The clerk will then issue a “Summons” which tells the tenant that they are being sued for eviction, and when and where they must show up to answer the lawsuit. The Sheriff or Constable will deliver the summons, not the landlord.

 

Going to Court

The court hearing will usually be on the 5th Court Day (day court is in session) after the complaint is filed. The landlord must show up to court in order to win. If the tenant does not show up, the landlord will win by default, however the judge has the power to postpone the hearing if both parties are not present. If both parties show up, they will present their case to the judge so the judge can make a decision. The landlord should bring all possible evidence to the trail, including witnesses, documents, the lease, the eviction notice, rent receipts, etc. If the judge rules for the landlord, the judge will issue a court order giving the tenant 4 days to leave the premises for non-payment of rent cases, and 10 days to leave for breach of lease and holdover cases. The judge can also award money damages for back rent, etc. The judge can extend the tenant’s time to vacate the premises up to 15 days if the tenant has a certificate from a doctor stating that removal in 4-10 days would endanger the health of the tenant or other occupant.

 

4 or 10 Day Appeal Period

After the landlord wins the eviction case, the tenant may appeal. If the eviction case was for non-payment of rent, the tenant will only have 4 days to appeal. If the case was for breach of lease or holdover, the tenant will have 10 days to appeal. If the tenant appeals, and wants to stay in the property while the appeal is pending, the tenant must pay the rent into the court (post bond).

 

Warrant of Restitution

If the tenant loses the appeal, or did not appeal and is still in the property after the appeal period, the landlord must take the final step to remove the tenant. The landlord must ask the court clerk for a “Warrant of Restitution.” This will allow the landlord to move the tenant’s property out of the premises, while the sheriff or constable stands there and “keeps the peace.” Before the landlord starts moving out items, the sheriff will order the tenants out of the property. This actual removal of the tenant can be postponed because of “extreme weather conditions.” If a landlord does not request the Warrant of Restitution within 60 days after the court date, the landlord will have to start the eviction process over again.

 

To evict a tenant, follow these steps:

1. Whenever possible, especially in the case of a first-time mild offense, try to reason with the tenant.
2. Serve an eviction notice (in writing) that will state the reason for eviction and give a tenant 1 month to vacate the property (14 days if tenant’s presence poses danger to the neighbors and the community). When applicable, include on the notice how a tenant may stop eviction.
3. If upon the date stated in the eviction notice the tenant doesn’t comply, proceed to file a complaint with your District Court requesting an Eviction Order. Here are step-by-step instructions from the Maryland District Court.
4. Attend the trial and bring all the documents proving you have a valid reason to evict the tenant. If you are seeking monetary compensation from the tenant, go here for more details.
5. Once you receive judgment against your tenant, he or she has 4 days to appeal. If they don’t appeal, you can file a Petition for Warrant of Restitution with the sheriff. Once it’s processed, you can schedule an eviction date.
6. On an eviction day, you need to have movers ready to rid your property of tenant’s belongings. The belongings are left on the public property and are now the responsibility of the tenant.

 

 

The entire eviction process may take anywhere from 2 to 6 months. And during this time you might not be getting any payments from the tenant.

Of course, you can attempt to recover your losses through court, but this may take even longer. As a Baltimore property management company, we know that eviction is often a necessary measure.

However, you should take every step to avoid it, and the first one is thoroughly screening your tenants.

A complete credit history, reference and background check are crucial for finding reliable and responsible tenants. Take the time to conduct tenant screening or call us and we’ll help you manage your Maryland property.

Eviction is a legal procedure. To evict you, a Maryland landlord must go to district court to get a judgment against you. If he gets one, the court will issue an order of eviction and a sheriff will make you leave the home. A landlord who moves a tenant’s belongings out of the home, changes the locks, or cuts off utilities without a court order may be criminally prosecuted and liable for damages. If this happens, tenants should call the police and an attorney or legal services organization.

A Maryland “notice to vacate” from your landlord is not a court order. This is the written notice that a landlord must give you at least one month before your lease ends, if he or she wants you to move out at the end of the lease. If you do not move out, your landlord can go to court to try to evict you.

 

Reasons for Eviction

A landlord cannot evict you simply because you have filed a complaint or a lawsuit against him or her or have joined a tenant’s association. This is called a “retaliatory eviction,” and you may be able to stop an eviction by showing the court that your landlord is evicting you for one of these reasons.

A landlord can evict you for:

• Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the landlord the rent that is owed.
• Never try to force a landlord to make repairs to your home by withholding the rent. The landlord can evict you for non-payment of rent. Instead, go to your district court and ask to file a rent escrow complaint. A judge may allow you to pay your rent into court if your landlord fails to repair serious or dangerous defects, such as a lack of adequate heat or a condition that presents a fire hazard. The judge may return the money to you as compensation or appoint an administrator to ensure that the repairs are made.
• ‘Holding over.’ If you do not move out when your lease has ended, your landlord may evict you for “holding over.” The landlord must prove that he or she gave you proper notice (at least one month’s advance written notice) of the ending of your lease.
• Breach of lease. A landlord may also evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give you one month’s advance written notice ending the lease. The landlord will have to prove that you violated your lease and that the violation was a serious one.
• The state’s attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities.

 

 

Summons and Hearing

If your landlord begins an eviction proceeding, you will receive an official summons to attend a hearing. The summons may be served on you in person, but most often it is mailed and/or posted on the rental property. Don’t ignore it. Go to the hearing and be on time! If you don’t show up the landlord will probably win.

The hearing gives you the chance to tell your side of the story. For example, you may be able to prove that you did pay the rent, or that you tried to pay the rent but the landlord wouldn’t accept it, or that the landlord didn’t give you a month’s written notice that you had violated your lease and had to move out.

If the judge finds the landlord’s case more convincing, he or she will rule in favor of the landlord. Within five working days, the landlord can file for a court order for the eviction, called a “warrant of restitution,” and arrange for a sheriff to oversee the eviction.

You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.

 

The Actual Eviction

On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord’s employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant’s responsibility.

 

Sources of Assistance in Maryland

Baltimore Neighborhoods, Inc. offers information to tenants (and landlords) statewide about their rights and responsibilities in eviction: toll-free (800) 487-6007. Residents of Baltimore can walk in for help and advice at the Public Justice Center’s Tenant Advocacy Project, at 501 E. Fayette Street, Room 207.

You may wish to have a lawyer help you during an eviction process. The Legal Aid Bureau, Inc. offers free legal services to people with limited incomes. To find the office nearest you, call (410) 539-5340.

If an eviction would leave you homeless, you may be eligible for help from an eviction prevention program offered by a non-profit housing assistance group or your local government. One such program is offered by Baltimore City’s Department of Social Services: (410) 878-8650.