Eviction in Maryland:

Maryland Eviction Laws

In the State of Maryland, the eviction laws and landlord tenant laws are contained in the Maryland Code, Real Property Section, Title 8. Local cities and jurisdictions might make their own rules and procedures, but they must comply with the laws in the Maryland Code. If you are a landlord in Maryland, it is a good idea to become familiar with these landlord tenant laws.

Reasons for Eviction in Maryland

In Maryland, a landlord can evict a tenant for:

• Non-Payment of Rent - The most common reason for eviction. Once the rent is late, the landlord can evict the tenant.

• Breach of Lease - There are a number of obligations that a tenant must adhere to in a lease. If the tenant breaks these obligations, that can be grounds for eviction. Examples include unathorized pets, destroying the property, and criminal activity.

• Hold-Over - A "hold-over" is when a tenant stays in the property after their lease has expired. Before the landlord evicts for holding over, the landlord should make sure that proper notice was given to the tenant that their lease was going to expire.

Eviction Notice

The first step in the Maryland Eviction Process is the landlord giving the tenant notice that they are going to evict. For non-payment of rent, a 3 Day Eviction Notice is recommended, even though the law does not specify a notice period. For Breach of Lease or Holdover, a 1 Month Eviction Notice is required. However, if the landlord contends that the tenant's breach causes a danger to themselves, others, or the property, the landlord can serve a 14 Day Eviction Notice.

Complaint and Summons

After the tenant has been given proper notice, and is still in possession of the property, the landlord must now go to court. The landlord should go to the District Court in the county where the property is located. The landlord will fill out a Complaint form to be filed with the District Clerk, stating the reasons for the eviction, and the amout owed the landlord (in the case of back rent, damages, etc.). There will be a filing fee. The clerk will then issue a "Summons" which tells the tenant that they are being sued for eviction, and when and where they must show up to answer the lawsuit. The Sheriff or Constable will deliver the summons, not the landlord.

Going to Court

The court hearing will usually be on the 5th Court Day (day court is in session) after the complaint is filed. The landlord must show up to court in order to win. If the tenant does not show up, the landlord will win by default, however the judge has the power to postpone the hearing if both parties are not present. If both parties show up, they will present their case to the judge so the judge can make a decision. The landlord should bring all possible evidence to the trail, including witnesses, documents, the lease, the eviction notice, rent receipts, etc. If the judge rules for the landlord, the judge will issue a court order giving the tenant 4 days to leave the premises for non-payment of rent cases, and 10 days to leave for breach of lease and holdover cases. The judge can also award money damamges for back rent, etc. The judge can extend the tenant's time to vacate the premises up to 15 days if the tenant has a certificate from a doctor stating that removal in 4-10 days would endanger the health of the tenant or other occupant.

4 or 10 Day Appeal Period

After the landlord wins the eviction case, the tenant may appeal. If the eviction case was for non-payment of rent, the tenant will only have 4 days to appeal. If the case was for breach of lease or holdover, the tenant will have 10 days to appeal. If the tenant appeals, and wants to stay in the property while the appeal is pending, the tenant must pay the rent into the court (post bond).

Warrant of Restitution

If the tenant loses the appeal, or did not appeal and is still in the property after the appeal period, the landlord must take the final step to remove the tenant. The landlord must ask the court clerk for a "Warrant of Restitution." This will allow the landlord to move the tenant's property out of the premises, while the sheriff or constable stands there and "keeps the peace." Before the landlord starts moving out items, the sheriff will order the tenants out of the property. This actual removal of the tenant can be postponed because of "extreme weather conditions." If a landlord does not request the Warrant of Restitution within 60 days after the court date, the landlord will have to start the eviction process over again.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.