A Maryland eviction notice is prepared by landlords to signal potential eviction to tenants over lease violations like unpaid rent. It must comply with Maryland law, specifying the violation and allowing a legal timeframe for resolution or vacating. Non-compliance leads to possible legal eviction steps.
Use this notice for rent non-payment, allowing tenants to pay or vacate, with eviction proceedings possible if unresolved.
Use this notice for lease breaches, allowing tenants time to comply or face tenancy termination and potential eviction.
Use this notice to terminate month-to-month rental agreements.
An eviction action (otherwise known as a Wrongful Detainer Action) in Maryland should be guided by Maryland Real Property Code §§ 8-401 through 8-402.1 .
If the tenant violates any lease terms or you want to end a month-to-month tenancy, you or your attorney must first provide the appropriate type of eviction notice. The type of Maryland eviction notice you select depends on the lease violation and the provisions in the original rental agreement.
It should be sent by first-class certified mail, affixed to the property door, or by electronic delivery (if the tenant previously agreed to the electronic method).
If the tenant doesn’t comply with the eviction notice, you can request the required court forms for an eviction action from the appropriate District Court based on where the property is located.
The written notice or complaint must include the address of the leased premises, details of the tenancy, and reasons for the eviction, including, if relevant, how much rent is due. Along with the initial court forms, you must also pay a filing fee, depending on the type of eviction and where the property is located.
The tenant must be given a copy of the documents the landlord filed in court. The landlord can request the local county sheriff deliver the Complaint and District Court Summons to the tenant, either in person or through first-class certified mail. The tenant must appear before a judicial officer on a specific court date to respond to the eviction action.
If the eviction is based on non-payment of rent, the tenant can stop the eviction by paying rent in full, along with any late fees and court costs, by the day of the trial. The eviction stops if the tenant pays rent in full before the judge makes a final judgment.
If the tenant doesn’t appear in court (results in a default judgment for the landlord) or the judge rules in favor of the landlord, the court will enter a judgment for possession. The tenant is allowed four (4) business days to leave the property.
If the tenant fails to vacate the property within four (4) business days, the landlord must file a Petition for Warrant of Restitution, which can only be obtained from the District Court. The landlord provides the signed warrant to the sheriff’s department, which may evict the tenant.
Maryland requires physical copies of court forms to be obtained in person. However, there are a couple of samples available on the Maryland Court website for reference:
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