In Maryland, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Maryland?
In Maryland, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Maryland?
In Maryland, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 10 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Maryland, rent is late starting the day after it’s due.
Acceptable Forms of Service in Maryland
Maryland law for delivering a written eviction notice is only specific on delivery method when it comes to nonpayment of rent. The methods accepted in this context will, however, be legally sufficient for most other evictions:
- Delivery by first class mail with a certificate of mailing
- Posting the notice at a conspicuous place on the premises
- Electronic notice via email, text message, or electronic tenant portal, ONLY when the tenant has agreed to such method of service
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Maryland
A landlord can demonstrate proof that a notice was delivered through the following methods:
- First Class Mail – via a certificate of mailing and by completing a Declaration of Service at the time of mailing
- Posting – by taking a time-stamped photograph of the posted notice on the premises, and completing a Declaration of Service
- Electronically – by keeping a record of electronic notice submission and completing a Declaration of Service at the time notice is electronically submitted
Maryland Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 10 Day Notice To Quit | Eviction for Unpaid Rent |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 14 Day Notice To Vacate | Eviction for Imminent Threat / Serious Harm |
| 7 Day Notice To Vacate | Ending a Weekly Tenancy with a Written Lease |
| 21 Day Notice To Vacate | Ending a Weekly Tenancy without a Written Lease |
| 30 Day Notice To Vacate | Ending a Monthly Lease
Tenancy Less Than 1 Year |
| 60 Day Notice To Vacate | Ending a Monthly Lease
Tenancy Less Than 1 Year |
| 90 Day Notice To Vacate | Ending a Yearly Lease |
Sources
- 1 Md. Code, Real Prop. § 8-401(c)(1) & (c)(2)
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(1) Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant.
(2) The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is:
(i) Sent by first-class mail, certificate of mailing;
(ii) Affixed to the door of the premises; or
(iii) If elected by the tenant, sent by electronic delivery in at least one of the following forms: 1. An e-mail message; 2. A text message; or 3. Through an electronic tenant portal.
Source Link - 2 Md. Gen. Provi. 1-203(c)
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Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, three days shall be added to the prescribed period.
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