Evicting a tenant in Maryland can take around 3 weeks to 5 months, depending on the reason for the eviction. If tenants request a continuance or file an appeal, the process can take longer.
Grounds for an Eviction in Maryland
In Maryland, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 10 Days | Yes |
| End of Lease or No Lease | 60 Days | No |
| Lease Violations | 30 Days | Yes |
| Imminent Threat or Serious Harm | 14 Days | No |
Nonpayment of Rent
In Maryland, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Maryland the day immediately after its due date. Maryland landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on March 1st, it will be considered late starting on March 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
For nonpayment of rent cases, the tenant can stop the eviction process by paying the rent balance due, including late fees and court costs, to the landlord at the trial or adjournment of the trial in accordance with Maryland law.
End of Lease or No Lease
In Maryland, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant 60-day notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Maryland, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Maryland landlord-tenant law. To do so, the landlord must first serve the tenant a 30 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Allowing unauthorized occupants or pets to reside in the rental unit
- Causing minor property damage
- Refusing to give the landlord access to the rental unit
- Using the plumbing, electrical or other fixtures in an unreasonable or unsafe manner
- Interfering with the peace and enjoyment of other persons
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Imminent Threat or Serious Harm
In Maryland, a landlord can evict a tenant for demonstrating an imminent threat or causing serious harm to other persons or themselves. To do so, the landlord must first serve the tenant a 14 days’ notice to vacate.
The tenant does not have the option to fix the violation and must move out within the 14-day period.
In Maryland, imminent threats or serious harm include:
- Endangering or causing serious harm to other tenants, the landlord or any other person on the premises
- Demonstrating an imminent threat or causing serious harm to themselves
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Maryland
In Maryland, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant an amount equal to three month’s rent, reasonable attorneys’ fees, and/or court costs.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a violation of the lease, violation of law, or habitability issue to the landlord or any public authority tasked to enforce the law
- Filing a lawsuit against the landlord or testifying or participating in a lawsuit that involves the landlord
- Participating in a tenant’s organization
- Informing the landlord of lead poisoning hazards
In Maryland, the eviction process follows the same process:
- Landlord serves tenant with written notice of violations
- Landlord files lawsuit with the court
- Court holds hearing and issues judgment
- Writ of restitution is issued
- Possession of property is returned
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Maryland by serving the tenant with written notice. 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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
10-Day Notice To Quit
In Maryland, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to pay the balance due or vacate the premises.
The tenant can stop the eviction process by paying the rent balance due, including late fees and court costs, to the landlord at the trial or adjournment of the trial in accordance with Maryland law.
60-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Maryland, the landlord can serve them a 60-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 60 days to move out.
For tenants that don’t pay rent monthly, the amount of notice differs:
| Lease Type | Notice Amount |
|---|---|
| Week-to-Week
(Written Lease) |
7 Days |
| Week-to-Week
(No Lease) |
21 Days |
| Month-to-Month /
Less than 1 Year |
60 Days |
| Year-to-Year | 90 Days |
In Montgomery County, a landlord can serve the tenant a 30-day Notice To Vacate to terminate a month-to-month lease or a tenancy of less than one (1) year in a single-family dwelling.
30-Day Notice To Comply or Vacate
In Maryland, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 30-Day Notice To Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
14-Day Notice To Vacate
In Maryland, if a tenant demonstrates an imminent threat or causes serious harm to other persons or themselves, the landlord can serve them a 14-Day Notice To Vacate. This eviction notice gives the tenant 14 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
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:
- Sending a copy by first class mail
- Serving a copy to the tenant in person
- 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 Holds Hearing and Issues Judgment
The reason for the eviction determines when the eviction hearing will be held.
For nonpayment of rent evictions, the hearing must be held 5 days 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 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.
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 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.
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 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
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 Maryland Eviction Process
Maryland Eviction 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 |
Sources
- 1 MD. Real Prop. Code Ann. § 8-401 (2021)
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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 MD Real Prop Code §8-402 (2020)
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(b)(3)(i) …In case of tenancies from year to year…notice in writing shall be given three months before the expiration of the current year of the tenancy…and in monthly or weekly tenancies, a notice in writing of one month or one week, as the case may be, shall be so given.
- 3 MD Real Prop Code §8-402.1 (2020)
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(a)(1)(i) 2. A. The landlord has given the tenant 30 days’ written notice…or B. The breach of the lease involves behavior by a tenant…doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property and the landlord has given the tenant or person in possession 14 days’ written notice…
- 4 MD. Real Property Code Ann. § 8-208.1 (2021)
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(c) (1) If in any proceeding the court finds in favor of the tenant because the landlord engaged in a retaliatory action, the court may enter judgment against the landlord for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney fees, and court costs.
- 5 MD. Real Property Code Ann. § 8-208.1 (2021)
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(2) (i) Because the tenant or the tenant’s agent has provided written or actual notice of a good faith complaint about an alleged violation of the lease, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:..landlord; or…Any public agency against the landlord…
(ii) Because the tenant or the tenant’s agent has: 1. Filed a lawsuit against the landlord; or 2. Testified or participated in a lawsuit involving the landlord; or
(iii) Because the tenant has participated in any tenants’ organization.
- 6 MD. Real Property Code Ann. § 8-208.2 (2021)
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…may not evict or take any other retaliatory action against a tenant primarily as a result of the tenant providing information to the landlord under Title 6, Subtitle 8 of the Environment Article….
- 7 MD Real Prop Code §8-402 (2020)
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(b)(3)(ii) This paragraph…does not apply in Baltimore City. (iii) In Montgomery County, except in the case of single family dwellings, the notice by the landlord shall be two months in the case of residential tenancies with a term of at least month to month but less than from year to year.
- 8 MD Real Prop Code §8-401 (2020)
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(b)(3) …ordering the constable or sheriff to notify the tenant…by first-class mail: (i) To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and (ii) To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.
- 9 MD Real Prop Code §8-402.1 (2020)
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(a)(3) If either of the parties fails to appear before the court on the day stated in the summons, the court may continue the case for not less than six nor more than 10 days and notify the parties of the continuance.
- 10 MD Real Prop Code §8-402 (2020)
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(b)(1)(iii) Upon the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than six nor more than ten days after the day first stated and notify the parties of the continuance.
- 11 MD Real Prop Code §8-401 (2020)
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(c)(1) …the court may adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the trial may be adjourned for a longer period of time.
- 12 MD Real Prop Code §8-401 (2020)
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(d)(1)(i) …the court shall, at any time after the expiration of the 4 days, issue its warrant, directed to any official of the county entitled to serve process, ordering the official to cause the landlord to have again and repossess the property by putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s benefit) in possession…
- 13 MD Real Prop Code §8-401 (2020)
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(c)(4) The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 4-day period would endanger the health or life of the tenant or any other occupant of the premises, extend the time for surrender of the premises as justice may require but not more than 15 days after the trial.
- 14 Md. Code, Real. Prop. § 8-401(5)
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However, if the tenant, or someone for the tenant, at the trial, or adjournment of the trial, tenders to the landlord the rent and late fees determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the tenant shall be entered as being satisfied.
Source Link - 15 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 - 16 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.
Source Link
