Maryland landlords dealing with difficult tenants need reliable guidance on the eviction process and laws. This guide breaks down every step of the process, explains common eviction reasons, outlines expected timelines, and highlights key landlord-tenant laws that shape evictions across the state.
How Maryland Law Defines Eviction
An eviction in Maryland occurs when a landlord takes legal action to remove a tenant who fails to pay rent, breaches the lease, or refuses to move out after their rental period ends. Landlords across the state must follow strict legal steps to keep the process enforceable.
Landlords can find Maryland’s eviction rules in the Maryland Code, Real Property Title 8, which explains valid reasons for eviction, required notice periods, and court procedures for regaining possession of a rental unit.
Eviction With Just Cause
“Just cause” in Maryland means a landlord has a valid legal reason to end a tenancy, such as unpaid rent, property damage, or a lease violation.
Landlords across Maryland can evict tenants only when there is just cause. Common grounds include missed rent payments, serious lease violations, or staying past the lease end date. In counties like Montgomery or Prince George’s, extra local rules may apply, including extended notice periods or restrictions on no-fault evictions.
Maryland landlords should always clearly document just cause. Keep copies of notices, photos of property damage, and written communication with tenants. Detailed records help landlords prove their case in court if the tenant disputes the eviction.
Applicable law: Md. Code, Real Property § 8-401, Md. Code, Real Property § 8-402
No-Fault Evictions
Maryland landlords can end a fixed-term lease without cause once the lease term has expired. They may choose not to renew the lease by giving tenants proper notice before it expires. In some counties, local laws may restrict no-fault evictions or extend notice requirements.
Landlords can terminate a month-to-month tenancy without cause by providing a written 60-day notice before the next rental period begins. Some jurisdictions, including Baltimore City, have additional notice rules, so landlords should always review local regulations before delivering notice.
Applicable law: Md. Code, Real Property § 8-402 , Montgomery County Code § 29-62
Grounds for Eviction in Maryland
Landlords in Maryland may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
Maryland law does not guarantee tenants a statewide grace period for late rent. Once rent goes unpaid, landlords can immediately file a Failure to Pay Rent complaint with the District Court, demanding payment in full or possession of the unit. Local ordinances may add extra notice steps or filing requirements, so landlords should verify local procedures before taking action.
Applicable law: Md. Code, Real Property § 8-401
Lease Violations
A rental agreement defines the rules of the landlord-tenant relationship and sets clear expectations for both sides. When tenants break those rules, Maryland landlords gain legal grounds to start the eviction process.
Examples of lease violations include:
- Unauthorized occupants: A tenant in Baltimore adds two roommates without permission, exceeding the lease’s occupancy limit.
- Property damage: A renter in Silver Spring mounts a TV, leaving holes and cracked drywall behind.
- Illegal activity: A tenant in Hagerstown runs an unlicensed business out of the apartment, disturbing neighbors and violating city code.
Lease agreements protect both landlords and tenants, so everyone benefits from understanding and following the terms. Review Maryland’s lease agreement template to confirm the contract covers all key responsibilities.
Applicable law: Md. Code, Real Property § 8-402.1
Illegal Use of the Premises
Maryland law allows landlords to evict tenants who commit crimes on or near the rental property. For instance, if a tenant sells drugs from a Baltimore apartment, hosts illegal gambling nights in a Rockville basement, or damages shared spaces in a Columbia townhouse, the landlord can immediately begin the eviction process through the courts.
Applicable law: Md. Code, Real Property § 8-402.1
Tenant Actions that Threaten Health or Safety
Maryland landlords can evict tenants who create health or safety risks for others. State law requires tenants to maintain clean, safe, and sanitary conditions and to avoid damaging the property or endangering other residents. Serious or repeated violations can justify eviction proceedings.
Common examples of health and safety violations in Maryland include:
- Allowing trash or spoiled food to pile up in an apartment, attracting rodents and insects.
- Removing or disabling smoke and carbon monoxide detectors in a rental.
- Ignoring no-smoking rules and causing fire hazards or smoke damage.
Landlords should document every issue with photos, written notices, and dated correspondence before proceeding with eviction. For more details on tenant maintenance and safety duties, visit Maryland’s warranty of habitability guide.
Applicable law: Md. Code, Real Property § 8-211 , Md. Code, Real Property § 8-402.1
Destruction or Neglect of the Rental Unit
Maryland landlords can evict tenants who cause severe damage or neglect a rental property. Major issues like broken windows, burst pipes, or flooding from carelessness give landlords clear legal grounds to seek eviction and recover repair costs. Landlords should document every detail with dated photos, repair estimates, and written communication. Keeping organized evidence helps prove tenant responsibility and strengthens the landlord’s position in court.
Applicable law: Md. Code, Real Property § 8-402.1
Tenant is in a Month-to-Month Rental Contract
Maryland landlords can end a month-to-month rental agreement at any time without giving a reason. To do so, they must deliver a written 60-day Notice to Quit before the current rental period ends. If the tenant stays past the deadline, the landlord can file a tenant holding over case with the local District Court.
Applicable law: Md. Code, Real Property § 8-402
Step-by-Step Eviction Process in Maryland
Maryland landlords must follow a strict step-by-step legal process to evict a tenant, which includes giving proper notice, filing a court case, attending the hearing, and regaining possession through lawful enforcement.
Here are the steps landlords must take, from start to finish:
1. Deliver Notice to the Tenant
Maryland landlords must begin the eviction process by identifying the reason for removal and serving the correct written notice. Depending on the situation, tenants may have a short window to pay overdue rent, correct a violation, or vacate before the landlord files in court.
Some situations, such as criminal activity, severe property damage, or actions that threaten others’ safety, qualify as non-curable violations. In these cases, landlords can proceed directly to court without giving tenants a chance to fix the issue. To stay compliant, landlords should deliver notices by hand, certified mail, or by posting them on the rental unit as Maryland law allows.
Notice Forms & Timelines
- Failure to Pay Rent: No prior notice required before filing a “Failure to Pay Rent” complaint in District Court.
- Curable reach of Lease: Serve a 30-Day Notice to Quit for lease violations.
- Illegal Activity or Dangerous Behavior: Serve an Immediate Notice to Quit (no right to cure).
- End of Month-to-Month Tenancy: Provide a 60-Day Notice to Quit before the rental period ends.
Applicable law: Md. Code, Real Property § 8-401 , Md. Code, Real Property § 8-402 , Md. Code, Real Property § 8-402.1
2. File an Eviction Lawsuit Against the Tenant
When the notice period expires or the tenant ignores a curable violation, the landlord will file a Complaint for Repossession of Rented Property with the Maryland District Court in the same county where the rental is located. The filing should include the lease, the served notice, and any supporting evidence for the eviction claim.
The landlord will pay a filing fee, which usually costs $15 for failure-to-pay-rent cases or about $50 for breach-of-lease or tenant-holding-over cases. After submission, the court clerk will assign a hearing date, typically within 5 to 10 days of filing.
Applicable law: Md. Code, Real Property § 8-401, Md. Code, Real Property § 8-402, Md. Code, Real Property § 8-402.1
3. Serve Court Summons Paperwork to the Tenant
After the Maryland District Court clerk sets a hearing date, the landlord will schedule the sheriff or constable to serve the tenant with the court summons and complaint. The officer should try to deliver the papers in person, but if the tenant cannot be reached, the officer can post them on the property and mail a copy. The sheriff or constable will then complete a Certificate of Service or Affidavit of Service, confirming delivery of the court record.
Tenants in Maryland will not need to file a written response before the hearing. Both sides will appear in the District Court on the assigned date to present their case. If the tenant skips the hearing, the judge will typically issue a Judgment for Possession in the landlord’s favor.
Applicable law: Md. Code, Real Property § 8-401 , Maryland Rules, Rule 3-121
4. Attend the Eviction Hearing
On the hearing date, the landlord and tenant (or their attorneys) will appear before a Maryland District Court judge. Both sides will present their case. The landlord will explain the eviction reason (such as unpaid rent, a lease violation, or property damage) and share evidence, such as the lease, notices, and rent ledgers. The tenant will have a chance to respond and present their own documentation or witnesses.
During the hearing, the judge will review all submitted materials, including photos, records, and testimony from both parties. The judge may ask questions to clarify details and will carefully consider the facts before deciding what happens next.
Applicable law: Md. Code, Real Property § 8-401 , Md. Code, Real Property § 8-402.1
5. Court Reaches a Ruling
After reviewing all evidence and testimony, the Maryland District Court judge will make a decision. The judge issues most rulings on the same day as the hearing, but in some instances, the judge may take a few days to finalize the judgment.
If the judge rules in the tenant’s favor, the tenant can remain in the property and may recover court costs. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, allowing the landlord to proceed with reclaiming the unit. Tenants have 4 business days to appeal, which delays enforcement until the Circuit Court reviews the case.
Applicable law: Md. Code, Real Property § 8-401 , Md. Code, Real Property § 8-402.1
6. Judge Issues a Warrant of Restitution
When the judge issues the landlord a Judgment for Possession, the landlord can then request a Warrant of Restitution, Maryland’s official order authorizing the sheriff or constable to remove the tenant. This warrant allows law enforcement to return full possession to the landlord.
Once the landlord requests the warrant, the sheriff or constable will schedule the eviction. The officer will post the notice at the property and later return to oversee the move-out. Landlords statewide must let law enforcement handle the process and avoid attempting to remove the tenant or belongings themselves.
Applicable law: Md. Code, Real Property § 8-401 , Maryland Rules, Rule 3-647
7. Law Enforcement Executes the Warrant of Restitution
When it’s time to enforce the Warrant of Restitution, law enforcement will visit the property on the scheduled date to remove the tenant and return full possession to the landlord. The landlord will coordinate with the sheriff’s office to confirm the eviction time and ensure the property stays secure after the removal.
Maryland does not have a statewide rule for handling belongings left behind after eviction. In places like Baltimore City and Montgomery County, local ordinances outline how landlords must dispose of or store abandoned items. Elsewhere in Maryland, however, landlords can decide how to handle the tenant’s property once possession returns to them.
Applicable law: Md. Code, Real Property § 8-401
Tenant Defense Against Eviction in Maryland
Evictions in Maryland can seriously disrupt a tenant’s life. Losing a home damages credit, makes it harder to rent again, and can even affect employment. Still, tenants have ways to advocate for themselves and resolve issues before losing their housing.
Proactive communication often prevents eviction. Tenants who contact their landlord early, offer partial payments, or create a short-term repayment plan may avoid court entirely. Showing good faith, documenting all communication, and attending hearings prepared can help both parties reach a fair outcome.
When the situation becomes too complex, tenants can seek legal guidance. Free and low-cost help is available through Maryland Legal Aid and the Pro Bono Resource Center of Maryland, both of which assist tenants facing eviction or housing disputes.
Timelines to Expect
In Maryland, an eviction can be completed in 3 weeks to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Maryland eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-90 Calendar Days |
| Court Issuing Summons | ~3 Business Days |
| Court Serving Summons | ~5-10 Business Days |
| Tenant Response Period | 4-10 Business Days |
| Court Ruling | 1-10 Business Days |
| Court Serving Writ of Restitution | 1-60 Business Days |
| Final Notice Period | 1-15 Days |
Flowchart of the Maryland Eviction Process
Typical Court Fees
The total cost of an eviction in Maryland for all filing, court, and service fees varies heavily depending on the type of eviction. For nonpayment eviction cases filed in District Court, the average cost is $70. For all other types of eviction cases filed in District Court, the average cost is $101.
| Fee | District |
| Initial Court Filing | $15+ |
| Summons Service | $5+ |
| Warrant of Restitution Issuance | ~$10 |
| Warrant of Restitution Service | $40 |
| Notice of Appeal Filing (Optional) | $175+ |
| Document Copies (Optional) | $0.50/ea |
Navigate the Maryland Eviction Process Smoothly
Eviction often becomes a stressful, time-consuming ordeal for landlords and tenants alike. To stay organized, use property management software to track rent payments, issue notices, store court documents, and follow Maryland’s required eviction timelines with accuracy.
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