If you’re a landlord or property management company seeking to evict a tenant from your rental property because of a lease term violation like failure to pay rent by the due date, use a Maryland (MD) eviction notice to begin the process.
Your eviction notice must be written according to Maryland state law and give your tenant the legally required time to respond or move out.
In Maryland, eviction lawsuits are governed by §§ 8-401 through 8-402.1 of the Maryland Real Property Code.
If a tenant violates any terms in the original rental agreement, you must give notice (following a specific notice period) before starting the eviction process in Maryland.
For reference, a Maryland Eviction Notice is also known as:
- Maryland Failure to Pay Rent Notice
- Maryland Notice to Quit
- Maryland Notice to Vacate
- Maryland Lease Termination
Maryland Eviction Notices by Type
Download a free eviction notice customized for Maryland state law below in MS Word (.docx) or Adobe PDF format.
60-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property.
In Maryland, landlords must give tenants 60 days’ notice to move out if the parties entered into a month-to-month lease. Additionally, landlords must give 7 days’ notice for a week-to-week lease and 90 days’ notice for a year-to-year lease.
30-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they have committed one or more lease violations, other than failure to pay rent.
In Maryland, landlords must give tenants 30 days’ notice to either comply or vacate before the eviction process can proceed in court. During that time, tenants may have the option to fix (or “cure”) the problem.
10-Day Notice to Pay Rent or Quit: Use this notice to pay rent or quit to begin evicting a tenant if they haven’t paid rent on time.
In Maryland, landlords must give tenants 10 days’ notice to either pay past due rent or vacate the property before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late, use a late rent notice.
Maryland Eviction Laws & Requirements
The following are resources for landlords and property managers to learn more about Maryland law and how it pertains to the eviction process.
- Eviction Lawsuit: Maryland Real Property Code §§ 8-401 – 8-402.1
- Grace Period for Rent Payment: No grace period for non-payment of rent unless stated in the lease agreement. § 8-401
- Late or Non-Payment of Rent Notice: 10 days. § 8-401
- Non-Compliance with Lease Notice: 30 days. § 8-402.1(a)(1)(i)2.A
- Dangerous or Harmful Activity Notice: 14 days. § 8-402.1(a)(1)(i)2.B
- Substantial Damage to Property Notice: 14 days. § 8-402.1(a)(1)(i)2.B
- Lease Termination (Month-to-Month) notice: 60 days. § 8-402
What is the Maryland Eviction Process?
An eviction action (otherwise known as a Wrongful Detainer Action) in Maryland should be guided by Maryland Real Property Code §§ 8-401 through 8-402.1.
You can begin an eviction action by yourself or through an attorney, but remember you must have legal grounds for eviction.
Before starting the eviction process, make sure you understand all related laws and requirements including notice periods for different types of evictions.
Otherwise, consult a lawyer to ensure all eviction actions you take comply with Maryland’s laws.
Step 1- Send Eviction Notice
If the tenant violates any lease terms or you want to end a month-to-month tenancy, you or your attorney must first provide the appropriate type of eviction notice.
The type of Maryland eviction notice you select depends on the lease violation and the provisions in the original rental agreement.
It should be sent by first-class certified mail, affixed to the property door, or electronic delivery (if the tenant previously agreed to electronic method).
Step 2 – File Initial Court Documents for Eviction
If the tenant doesn’t comply with the eviction notice, you may file an eviction action with the District Court in the county where the property is located.
You can request the required court forms from the appropriate District Court based on where the property is located.
Keep in mind that filing fees, court costs, and possibly attorney fees will be involved in filing an eviction notice in Maryland.
The written notice or complaint must include the address of the leased premises, details of the tenancy, and reasons for the eviction, including, if relevant, how much rent is due.
Along with the initial court forms, you must also pay a filing fee, depending on the type of eviction and where the property is located.
Note: If you are in Baltimore City, the city has specific instructions to follow when you want to evict tenants.
Step 3 – Serve Tenant
The tenant must be given a copy of the documents the landlord filed in court.
The landlord can request the local county sheriff deliver the Complaint and District Court Summons to the tenant, either in person or through first-class certified mail.
The tenant must appear before a judicial officer on a specific court date to respond to the eviction action.
If the eviction is based on non-payment of rent, the tenant can stop the eviction by paying rent in full, along with any late fees and court costs, by the day of the trial.
The eviction stops if the tenant pays rent in full before the judge makes a final judgment.
Step 4 – Court Judgement
If the tenant doesn’t appear in court (results in a default judgment for the landlord) or the judge rules in favor of the landlord, the court will enter a judgment for possession.
The tenant is allowed four (4) business days to leave the property.
Step 5 – Petition for Warrant
If the tenant fails to vacate the property within four (4) business days, the landlord must file a Petition for Warrant of Restitution, which can only be obtained from the District Court.
The landlord provides the signed warrant to the sheriff’s department which may then evict the tenant.
Related Maryland Court Forms
Maryland requires physical copies of court forms to be obtained in person, however, there are a couple of samples available on the Maryland Court website for reference:
- Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) (DC-CV-115)
- Sample Complaint, Failure to Pay Rent Form (DC-CV-082): The act of filing a complaint must be completed by the landlord or their lawyer, and include the reason/s for eviction.
- It must be filed with the District Court in the county where the property is located.
- Petition for Warrant of Restitution (DC-CV-081): Once approved by the court, this form lets a landlord have the sheriff remove their tenant if they refuse to vacate the property.
- The eviction must occur within 60 days after the court orders the Warrant of Restitution, and you must file the request for such a Warrant within 60 days of the court’s original judgment. Eviction proceedings cannot take place on a Sunday or holiday.
Eviction Information for Maryland Landlords and Tenants
The Maryland court system provides online legal help and has a section devoted to housing issues. Maryland Legal Aid also offers several brochures on housing issues that can be useful to review for landlords and tenants alike.
It’s illegal for a landlord to evict a tenant without a court judgment. You cannot force a tenant out of the rental unit by using threats or coercion, changing the locks, shutting off the utilities, etc.
This is considered “self-help” and your tenant could sue you for damages if you attempt it. It’s important to review the applicable laws governing eviction and speak with a lawyer before proceeding.
If you receive an eviction notice or a court summons, read it carefully to understand the reason for it and contact an attorney if you have legal questions.
The Maryland court system provides detailed guidance on various eviction scenarios, which is helpful for tenants to review.
Contact a lawyer if you believe the eviction notice is illegal or if there’s another problem, such as:
- a dangerous defect of the property that you previously notified the landlord about which they failed to fix.
- the eviction is retaliatory (the landlord locked you out or shut off the utilities before completing the eviction).
If the cost of hiring an attorney is too expensive, law school clinics and legal aid groups, such as Maryland Legal Aid, are available to help at affordable or no-cost rates.
Alternatively, many court buildings house self-help legal clinics that might help you. Additional information for tenants can be found at U.S. Hud Resources for Maryland.
Remember that time is of the essence and your landlord may take legal action against you for non-payment of rent or violation of another lease term.
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write an eviction notice in Maryland. You may use our document builder to easily input all necessary details for your Maryland eviction notice.
Step 1 – Fill Out Date of Eviction Notice
Write the date of the Eviction Notice.
Step 2 – Enter the Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the time period in which the rent is past due. Write the amount of the past due rent, the amount of late fees (if any), and the total amount owed by the tenant to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the Eviction Notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows that the Eviction Notice was served to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (10 days) or vacate the property.
The person delivering the Eviction Notice, the server, should complete the method of delivery and the fields for the person receiving the notice and the address of the location where the notice was delivered.
The server signs, prints their full name, and dates the proof of service.
Sample Maryland Eviction Notice
Below is an example of what a Maryland eviction notice looks like.
Maryland Eviction Notice Sample