Maryland Eviction Process

How to Evict a Tenant in Maryland

Step 1: Submit an Eviction Notice to the Tenant

The eviction notice process is guided by law, including Maryland Real Property Code as laid out in Md. Stat. § 8.401–8.402. The first step in the eviction notice process is notifying the tenant of a problem or that the landlord does not intend to continue a periodic tenancy. The type of notice the landlord uses will depend on the type of violation or issue. For example, you would need to use a different notice to end a periodic tenancy than to notify the tenant that they are behind on rent.

According to Md. Stat. § 8.401, the landlord can deliver the eviction notice by:

• Sending it via first-class mail with a certificate of mailing
• Posting it to the front door of the unit
• If the tenant has agreed to electronic communications, submitting the notice via text, email, or through the electronic portal used for landlord/tenant communications

In many cases, the tenant has an opportunity to remedy the breach before the landlord can proceed with eviction proceedings. For example, a tenant who is behind on rent could resolve the situation by paying all late rent and fees.

Step 2: File an Eviction Notice With the Court

Before taking further action, the landlord must wait for the notice period to expire. The notice period is governed by the type of notice provided and the reason for evicting the tenant.

When the notice period has expired, if the tenant has failed to remedy any breach, the landlord must file a complaint with the Maryland District Court in the county where the property is located. If the complaint is due to unpaid rent, the landlord must file a Landlord’s Complaint for Repossession of Rented Property (Failure to Pay Rent). For other cases, the landlord must file a complaint for summary ejectment.

The landlord complaint document must include a description of the property, the name of the tenant or tenants, and the specific breach committed by the tenant. Furthermore, the landlord must provide when the initial eviction notice was served and evidence that the tenant has not taken steps to remedy the breach.

Step 3: Court Summons

The court will issue a summons to the tenant that notes the time and date of the court appearance and notifies the tenant that if they fail to appear, the court will issue a summary judgment in favor of the landlord. Under Md. Stat. § 8.401, if the eviction is due to non-payment of rent, the hearing will be held five days after the landlord submits the initial notice to the court.

Step 4: Court Appearance

On the day of the court appearance, the landlord and the tenant can present their arguments to the court. The landlord should take a copy of the lease agreement, all communications with the tenant, and evidence of the breach of the lease agreement. The judge will then issue a judgment. If the decision is in favor of the landlord, the court will issue an order to return possession of the property to them within four days of the trial for cases of nonpayment.

Under Md. Stat. § 8.401, if the tenant can show that moving out within four days will endanger the tenant or another property resident, they can apply for an extension of up to 15 days after the court appearance to give them more time to move out.

Step 5: Warrant for Forcible Removal

If the tenant does not move out, pay any unpaid rent, or submit an appeal within the period granted by the court, the court will issue a Warrant of Restitution that provides the sheriff with the ability to enforce the tenant’s removal and restore the property to the landlord, according to Md. Stat. § 8.401, the landlord must order the Warrant of Restitution within 60 days of the court judgment, or the order will expire.

Reasons for Eviction in Maryland

To begin eviction, a landlord must have a valid reason for evicting the tenant from the property. There are two key types of evictions: at-fault evictions and no-fault evictions. The type of eviction can determine the kind of notice the landlord needs to use and how long the tenant has to leave the property.

At-Fault Evictions

An at-fault eviction occurs when the tenant has violated the lease agreement or otherwise committed an act that gives the landlord just cause to remove them from the property. Common reasons include:

• Failure to pay rent
• Lack of compliance with the lease agreement
• Dangerous or harmful activity
• Substantial damage to the property

Landlords should carefully evaluate why they intend to remove the tenant from the property and ensure they use the proper notice for the situation.

1. 10-Day Notice to Quit for Late or Non-Payment of Rent

Overview

• According to Md. Stat. § 8.401, a 10-day notice to quit for late or non-payment of rent is used when a tenant falls behind on rent payments.
• This notice informs the tenant that they have ten days to catch up on rent before the landlord begins eviction proceedings.
• Weekends and holidays count toward the 10-day notice period; however, landlords cannot evict tenants on Sundays or holidays.
• Maryland law does not have a specific grace period for late rent; however, many lease agreements offer a grace period before the landlord can post the eviction notice or proceed with eviction proceedings.

2. 30-Day Notice to Quit for Breach of the Lease Agreement

Overview

• Md. Stat § 8.402.1 notes that a 30-day notice to quit for breach of the lease agreement should be used when the tenant has violated the lease agreement in some way. This notice is only used when the breach does not cause a severe risk of harm to the tenant or others on the property.
• This notice informs the tenant that the landlord has noted the lease violation and intends to retake possession within 30 days. It may allow the tenant time to fix the breach or simply inform the tenant that the landlord wants to move forward with eviction proceedings.
• The 30-day period includes weekends and holidays; however, the landlord cannot evict the tenant on Sundays or holidays.

3. 14-Day Notice to Quit for Dangerous or Harmful Activity

Overview

• Under Md. Stat § 8.402.1, a 14-day notice to quit for dangerous or harmful activity should be used when a tenant’s breach of the lease agreement represents a risk of serious harm to themselves, other tenants, the landlord, or others on the property.
• This document notifies the tenant that they have committed a dangerous violation of the lease agreement and have 14 days to leave the property before the landlord moves forward with eviction proceedings.
• The 14-day period includes weekends and holidays, but evictions cannot proceed on Sundays or holidays.

4. 14-Day Notice to Quit for Property Damage

Overview

• Md. Stat § 8.402.1 lays out the terms under which a landlord should submit a 14-day notice to quit for property damage, including cases in which the tenant has either already caused substantial damage to the landlord’s property or is engaging in activity that puts that property at considerable risk.
• This notice informs the tenant that they have committed a hazardous lease agreement breach and have 14 days to leave the property.
• The 14 days’ notice includes weekends and holidays, but evictions cannot proceed on Sundays or holidays.

No-Fault Evictions

A no-fault eviction occurs when the tenant has not done anything to necessitate removal from the property, but the landlord intends to reclaim it anyway. No-fault evictions often happen because the landlord wishes to end a month-to-month lease agreement, including when the original lease agreement has expired, and the landlord does not want to renew it.

1. 60-Day Notice to Terminate a Month-to-Month Lease

Overview

• Under Md. Stat. § 8.402, a 60-day notice to terminate a month-to-month lease is submitted when the landlord wants to end a tenancy with no specific duration in a month-to-month arrangement.
• This notice gives the tenant 60 days to vacate the property before the landlord begins eviction proceedings.
• The 60 days include weekends and holidays.

2. Seven-Day Notice to Terminate a Week-to-Week Lease

Overview

• According to Md. Stat. § 8.402, a seven-day notice to terminate a weekly lease is used when the tenant and landlord have a written lease based on a week-to-week tenancy and the landlord wishes to end that agreement.
• This notice informs the tenant that they have seven days to vacate the property before the landlord begins the eviction process.
• The seven-day period includes weekends and holidays; however, the landlord cannot evict the tenant on Sundays or holidays.

3. 21-Day Notice to Terminate a Week-to-Week Lease

Overview

• Md. Stat. § 8.402 notes that if the landlord and tenant do not have a written lease agreement, the landlord should use a 21-day notice to terminate a week-to-week lease to notify the tenant that they intend to terminate the agreement.
• This notice gives the tenant 21 days to vacate the property before the landlord proceeds with the eviction.
• The 21-day period includes weekends and holidays; however, the landlord cannot evict the tenant on Sundays or holidays.

4. 90-Day Notice to Quit for Yearly Lease Agreements

Overview

• Md. Stat. § 8.402 outlines the terms under which a landlord can notify a tenant that they will not be extending a yearly lease, including a 90-day notice to quit for annual lease agreements.
• The notice allows tenants on a yearly lease 90 days to leave the property after the landlord files notice.
• The 90 days includes weekends and holidays; however, the landlord cannot evict the tenant on Sundays or holidays.

The Eviction Timeline in Maryland

Tenant Rights in Maryland

Landlords must protect tenants’ rights at all times, including during eviction.

Self-Help Evictions

A self-help eviction occurs when a landlord attempts to remove a tenant from the property without going through the legal process. This could include turning off utilities to the property or trying to change the locks without tenant consent. Md. Stat. § 7.113 prohibits self-help evictions.

Abandoned Property

Maryland law does not require landlords to keep property for any specific length of time after evicting a tenant.

Resources

• Notice of Intent To File a Complaint for Summary Ejectment (Failure to Pay Rent) (DC-CV-115) – A formal notification of plans to seek eviction due to unpaid rent.
• Sample Complaint, Failure to Pay Rent Form (DC-CV-082) – A template document for initiating legal action against a tenant for not paying rent.
• Petition for Warrant of Restitution (DC-CV-081 – A legal request to reclaim possession of a property after an eviction judgment.