NationalEviction

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.