Outline of the eviction process in Maryland
For landlords and property managers · Updated May 2025
1. Grounds for Eviction
- Legal reasons required:
- Non-payment of rent.
- Lease violation (e.g., unauthorized pets, property damage).
- Illegal activity (e.g., drug-related conduct, violent crime).
- End of lease term (fixed-term or month-to-month).
- Holdover tenancy (tenant remains after lease expires).
- Breach of lease (e.g., failure to vacate after notice).
- Law: Md. Code Ann., Real Prop. § 8-401 to § 8-406 (Eviction Procedures); local ordinances.
2. Notice to Quit
- Written Notice to Quit or Termination served:
- Non-payment: 7-day notice to pay or vacate (14-day in Baltimore City).
- Lease violation: 30-day notice to cure or vacate; 14-day for substantial threat.
- Month-to-month: 60-day notice (90-day in Montgomery County).
- No-fault/end of lease: 60-day notice.
- Illegal activity or holdover: 14-day or 7-day notice to vacate (no cure).
- Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
- Tenant can cure by paying rent (within 7 days) or fixing violation (within 30 days).
3. Filing the Eviction Case
- File Summary Ejectment (non-payment) or Wrongful Detainer in District Court.
- Documents: Complaint, summons, Notice to Quit, lease, proof of service.
- Fee: ~$15–$50 (varies by county).
- Timing: After notice period expires (e.g., 8th day for 7-day notice).
4. Serving the Summons and Complaint
- Sheriff or process server serves papers 5 days before hearing (10 days if mailed).
- Methods: Personal delivery, left with resident (age 16+), or mailed.
- Tenant must appear at hearing to contest; no written answer typically required.
5. Court Hearing
- Held 5–10 days (non-payment) or 10–20 days (other reasons) after filing.
- Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
- Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).
6. Judgment and Execution
- Warrant of Restitution if landlord wins.
- Appeal: 4 days (requires bond).
- Warrant issued: ~4–7 days post-judgment; sheriff serves 48-hour notice to vacate.
7. Physical Eviction
- Sheriff removes tenant; no mandatory storage (local rules may apply).
- Tenant may reclaim stored property by paying costs.
- Law: Md. Code Ann., Real Prop. § 8-401(e).
8. Tenant Protections
- Rights:
- Cure violations (7 days for rent, 30 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
- Local protections (e.g., Baltimore City, Montgomery County just-cause).
- No self-help evictions (landlord penalties up to 3 months’ rent).
- Resources:
- Maryland Legal Aid (800-999-8904), mdlab.org, courts.state.md.us.
Notes
- Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
- Sources: Md. Code Ann., Real Prop. § 8-401 to § 8-406; courts.state.md.us; mdlab.org.
This outline is general information for landlords, not legal advice. Notice periods, fees and procedures change and may vary by county or city. Confirm current rules with a licensed Maryland attorney before acting.