Maryland Eviction Process

Last Updated: October 25, 2021 by Elizabeth Souza

Timeline. Evicting a tenant in Maryland can take around three weeks to five months, depending on the reason for the eviction. If tenants request a continuance or file an appeal, the process can take longer (read more).

Introduction. A landlord may remove a tenant from a rental property through an eviction lawsuit.  In Maryland there must be legal reason to evict a tenant. Below are the individual steps of the eviction process in Maryland.

Step 1: Notice is Posted

Landlords in Maryland can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – Once rent is past due, no written notice is required before the landlord can proceed with the eviction process.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord isn’t required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given (if required).

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Maryland law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.

No prior written notice is required for landlords who want to evict tenants for failing to pay rent; however, if tenants pay all past-due rent prior to being forcibly removed from the rental unit, the eviction process will be stopped.
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In evictions for nonpayment of rent, the landlord may proceed directly to Step 2 below without giving the tenant prior written notice of their intention to pursue an eviction action. The landlord shall write a complaint under oath in District Court.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Maryland if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Maryland landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 30-Day Notice to Quit, giving the tenant 30 days
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to move out of the rental unit in order to avoid eviction.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Landlords are only required to give tenants 14 days’ written notice
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if they are involved in activity that could endanger/cause serious harm to themselves, other tenants, the landlord, or the landlord’s property.

Note that illegal activity may be included in this category.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Maryland, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.
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• Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.

• Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
• Year-to-Year– If the tenancy is from year to year, a landlord must provide the tenant with a 90-Day Notice to Quit.

These notice periods don’t apply to the city of Baltimore or to Montgomery County.

In Montgomery County, tenancies that are at least month-to-month but less than year-to-year must be given two months’
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written notice prior to termination (except in the case of a single family dwelling).

If the tenant remains on the property after the notice period (if any) expires, the landlord may proceed with the eviction process.

Step 2: Complaint is Filed and Served

As the next step in the eviction process, Maryland landlords must file a complaint in the District Court of the county where the renal unit is located. In the state of Maryland (except the city of Baltimore), this costs $15 in filing fees for nonpayment of rent evictions, and $46 in filing fees for all other evictions.

For rental properties located in the city of Baltimore, filing fees are $25 for nonpayment of rent evictions, and $56 for all other evictions.

The summons and complaint must be served on the tenant by the sheriff or constable prior to the eviction hearing through one of the following methods:

1. Sending a copy by first class mail;
2. Serving a copy to the tenant in person; or
3. Posting a copy in a conspicuous place on the rental property AND mailing a copy via first class mail.

Giving a copy to the tenant is not a requirement unless the landlord is also requesting a monetary judgment against the tenant, such as a past-due rent amount or the amount of costs to repair the rental unit.

Step 3: Court Hearing and Judgment

The reason for the eviction determines when the eviction hearing will be held.

For nonpayment of rent evictions, the hearing must be held five days
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after the complaint is filed with the court.

For all other types of the evictions, Maryland law doesn’t specify how quickly the hearing must be held after the complaint is filed.

For evictions due to lease violations
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or holding over
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after the lease or rental agreement term expires, parties may request a 6-10 day continuance, meaning the hearing would be postponed for another 6-10 days.

For nonpayment of rent evictions, the continuance can only be for one day.
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Regardless of the reason for the eviction, if the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant would have to move out of the rental unit.

If the judicial officer rules in favor of the landlord, regardless of the reason for the eviction, a writ of restitution will be issued, and the eviction process will continue.

Step 4: Writ of Restitution Is Issued

The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove the tenant. The landlord must order a warrant of restitution within 60 days from the judgement date. If the landlord does not take action, the writ of restitution could expire and be dismissed.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of restitution.

For nonpayment of rent evictions, the writ of restitution will be issued four days
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after the judgment in favor of the landlord.

For all other eviction cases, the writ may be issued immediately.

Step 5: Possession of Property is Returned

Tenants must be evicted within 60 days of the date the writ of restitution is issued for all evictions other than nonpayment of rent.

That doesn’t mean tenants automatically have 60 days to move out; it means the latest possible date a tenant could be forcibly removed is 60 days after the writ is issued.

A sheriff or constable could remove the tenant one day after the writ is issued; it all depends on how many other evictions are already scheduled and whether the next available date is a Sunday or a holiday. (Tenants cannot be evicted on Sundays or holidays.)

For nonpayment of rent evictions, tenants may be granted a 15 day
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stay of execution if a judicial officer finds that moving out immediately would endanger the life or health of the tenant or anyone else living in the rental unit.

Maryland Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Maryland. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

1. Initial Notice Period – Between 7 and 90 days, depending on the reason for the eviction.
2. Issuance/Service of Summons and Complaint – A few days, depending on the service method used.
3. Court Hearing and Ruling on the Eviction – At least 5 days, depending on the reason for the eviction. If a continuance is requested or an appeal is filed, this will add more time to the process.
4. Issuance of Writ of Restitution – A few hours to 4 days, depending on the reason for the eviction.
5. Return of Possession – Within 19-60 days of the date the writ is issued, depending on the reason for the eviction.

Additional Information

Mobile Home Evictions. A park owner may evict a tenant for the following legal reasons:

1. Nonpayment of rent
2. Violations including false or misleading statements.
3. Violations of a State, Federal or local Maryland law which affects the welfare and safety of others residing on the park.
4. Repeated violations of the rental agreement within a six-month period.

The 30-day written notice shall be given to the tenant via certified mail or personally delivery and must include the reason for eviction.

Montgomery County Retaliatory Evictions. No landlord shall evict a tenant of any residential rental unit in Montgomery County because of the following reasons:

1. The tenant is a member of a tenant organization.
2. The tenant filed a complaint with a public agency against the landlord.
3. The tenant filed a lawsuit against the landlord.

Flowchart of Maryland Eviction Process

For additional questions about the eviction process in Maryland, please refer to the official legislation, Maryland Real Property Code §8-401 to §§ 8A-1101 , for more information.