What Is a Maryland Eviction Notice?
A Maryland eviction notice is a written document that a landlord gives to a tenant before starting the eviction process. It explains the reason for the notice, any action the tenant must take, and what happens if they do not comply.
Depending on the situation, an eviction notice may give a tenant time to:
- Pay overdue rent
- Fix a lease violation
- Move out of the rental property
A landlord must provide the appropriate notice before filing an eviction case. Depending on the reason for the eviction, Maryland law may require specific notice periods and procedures before a landlord can ask the court to remove a tenant, as per MD Real Property §§ 8-401 and 8-402.1.
Types of Eviction Notices in Maryland
Before starting the eviction process in Maryland, landlords must choose the appropriate notice based on the reason for the eviction. The notice period and legal requirements may vary depending on the eviction issue.
10-Day Eviction Notice in Maryland (for Nonpayment of Rent)
A 10-day notice to quit for nonpayment of rent is used in Maryland when a tenant fails to pay rent on time. Under MD Real Property § 8-401(c)(1), landlords are required to provide tenants with a 10-day eviction notice before filing an eviction action for unpaid rent. The notice gives the tenant the option to pay the overdue rent or move out.
10-Day Notice to Quit for Non-Payment
Use this notice for rent non-payment, allowing tenants to pay or vacate, with eviction proceedings possible if unresolved.
30-Day Eviction Notice in Maryland (for Noncompliance)
A 30-day notice to quit for noncompliance is issued when a tenant violates the lease agreement in a way that does not involve unpaid rent. For example, this violation may include:
- Keeping unauthorized occupants
- Keeping unauthorized pets
- Causing excessive property damage
- Committing repeated violations of lease terms
Under MD Real Property § 8-402.1(a)(1)(i)2A, landlords may provide a 30-day written notice informing the tenant of the lease violation and requiring them to either comply with the lease terms or vacate the property, when appropriate. If the notice is for property damage, review our guide on normal wear and tear to understand the difference between ordinary wear and tenant-caused damage.
Not every tenancy requires an eviction notice. If you want to end a month-to-month tenancy where the tenant has not violated the lease, consider using a Maryland 60-day notice to vacate instead.
30-Day Notice to Quit for Non-Compliance
Use this notice for lease breaches, allowing tenants time to comply or face tenancy termination and potential eviction.
14-Day Eviction Notice in Maryland (for Dangerous or Illegal Activity)
A 14-day notice to quit may be served in Maryland when a tenant’s behavior poses a clear threat to people or property. For example, this could be due to violent conduct, criminal activity, or actions that may threaten the safety of other tenants.
Maryland allows a shorter notice period in these situations. Under MD Real Property § 8-402.1(a)(1)(i)2B, landlords can serve a 14-day written notice to quit for dangerous and illegal activity when the tenant demonstrates a clear imminent danger. If the tenant does not vacate the property within the notice period, the landlord may file an eviction case with the court.
Screening tenants before they move in can help reduce the risk of future lease violations. You can use Legal Templates’s free Maryland rental application to verify a tenant’s rental background before signing.
How to Evict a Tenant in Maryland
Landlords in Maryland cannot legally remove a tenant without a court order. Nor can they take actions like changing the locks, shutting off utilities, or removing a tenant without following legal processes.
Before a tenant can be evicted, the landlord must follow the proper eviction notice requirements. Follow the steps below to evict a tenant legally in Maryland.
Step 1 – Serve the Appropriate Eviction Notice
The first step in the eviction process is to serve the tenant with the appropriate eviction notice. Depending on the reason for eviction, landlords in Maryland may provide 10, 14, or 30 days’ notice before taking further action. Use a Maryland eviction notice template to provide the proper notice.
Ensure you serve the correct notice type and use the appropriate timeline to facilitate the eviction process and prevent the court from dismissing the case.
Step 2 – File an Eviction Complaint With the District Court
If the tenant does not comply with the eviction notice, the landlord has the right to file an eviction complaint with the District Court in the county where the property is located. You can review any applicable filing fees. Depending on the reason for eviction, landlords may need to complete additional court forms, such as:
- Notice of Intent to File a Complaint for Summary Ejectment (DC-CV-115) (Failure to Pay Rent)
- Complaint for Failure to Pay Rent (DC-CV-082)
- Complaint and Summons Against Tenant in Breach of Lease (DC-CV-085)
Step 3 – Attend the Court Hearing
After the complaint has been filed, the court will schedule a hearing. Both the landlord and the tenant should be present for this hearing. This way, they can explain their side of the dispute. A judge must issue a judgment before a tenant can be evicted. In most cases, a tenant may challenge the eviction by claiming:
- The landlord did not provide proper notice.
- The property had unsafe living conditions.
- The eviction is retaliatory because the tenant exercised a legal right.
Step 4 – Receive a Court Judgment
If the court rules in the landlord’s favor, the landlord can regain possession of the property. The court may also issue a Warrant of Restitution, a court order that authorizes a sheriff to remove the tenant if the tenant does not leave voluntarily.
In Maryland, landlords can request this order by filing a Petition for Warrant of Restitution (DC-CV-081). Under MD Real Property § 8-407, landlords must generally provide at least six days’ notice before the sheriff carries out an eviction after a Warrant of Restitution is issued. Note that only a sheriff or an authorized official can physically remove a tenant from the property.
Sample Maryland Eviction Notice
See a sample Maryland eviction notice form below to see how to identify the reason for the notice and provide the correct notice period before serving the tenant. You can use our step-by-step questionnaire to create yours. Our guided form makes it easy to customize the notice to your unique situation while complying with Maryland law.
