Outline of the Eviction Process in Maryland
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.
Eviction Process by State
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The information provided on this website is for general informational purposes only. While we strive to ensure the data is accurate and up to date, laws and procedures—especially related to evictions—may vary by location and change over time. We strongly recommend that users independently verify any information before making legal or business decisions. National Eviction does not offer legal advice and assumes no responsibility for errors, omissions, or outcomes resulting from the use of this content.