Grab a Maryland eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Maryland eviction law.
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Types of Eviction Notices
Maryland is a state that has multiple forms that can be used as an intent to have the tenant vacate the unit. For example, Maryland state law § 8-401 states that a landlord may begin “summary ejectment” procedures as soon as rent is late. This requires no notice, but there is a document called a Non-Payment of Rent Notice to Quit, which a landlord can provide to alert a tenant that they are late on a rental payment.
In addition to this optional form, there are a few forms that a landlord will be required to provide a tenant that he or she wishes to evict. These include the 14-Day Notice to Quit (Imminent Danger), which is used for tenants that have proven to be a danger to others or themselves. Additionally, there’s the 30-Day Notice to Quit (Non-Compliance), which is used to alert tenants that are violating their lease to remedy the situation or find new housing. Finally, there’s the 30-Day Notice to Quit, which is used for month-to-month renters or their landlords that simply notifies the other party of the opposite parties intent to vacate the premises.
What Happens After a Notice is Posted
As mentioned, in the state of Maryland, no notice is required for tenants that are late for rent, but for the renters that pose a danger to themselves or others or renters who are in non-compliance, the notice periods established on those two documents must be observed. Once this period has elapsed or directly after rent is late, the landlord can then file an eviction with the courts in the county where the property is located. The landlord must then fill out the provided court forms, which are the Complaint for Non-Payment of Rent and the Complaint for a Violation of the Lease, and pay the associated filing fees. Next, the tenant will be ordered to appear in court by the sheriff’s office, and in circumstances where the tenant is ruled against by the courts, the judge will provide this party with four days to vacate the premises. Finally, in cases where the tenant fails to leave, the landlord can file a Petition for Warrant of Restitution where the tenant can be forcibly removed from the premises.
When is Rent Due?
In the state of Maryland, rent is due immediately on the date that was agreed upon in the lease. There is no notice requirement in the state, so the landlord can immediately begin eviction proceedings. There is also no legal requirement for a landlord to apply a grace period for renters that are late on rental payments.
How Long Does the Eviction Process Take?
The duration of the eviction process can vary from case to case, especially considering the fact that no notice, 14 days’ worth of notice, and 30 days’ worth of notice can all be periods that are taken into account. In most cases, the period will at least take 30 days, but this can extend to as much as two months based on the availability of the courts. If there are repeated lease violations, then the period can be shortened significantly.
There are a number of reasons why a landlord might send an eviction notice to a tenant in the state of Maryland. Regardless of the reason, the tenant has broken the original lease agreement in one way or another. When any of the violations are done, the landlord has the option to send a Notice to Quit to the tenant to encourage them to stop the behavior or leave the premise within a certain number of days. If the tenant does not change the behavior or fix the issue that is mentioned in the notice, the landlord can go ahead with eviction proceedings.
Some of the ways that the tenant could have broken the rental agreement include:
- The tenant failed to pay the rent that was owed when it was due.
- The tenant brought a pet into a unit that does not permit pets.
- The tenant was caught smoking in a common area of the property where smoking is prohibited.
- The tenant has caused a lot of damage to the unit.
- The tenant has harmed other tenants who live on the property.
Breaking Down the Types of Eviction Notices
In the state of Maryland, there are a few different types of notices that a landlord can use when they are in danger of being evicted. The specific type of notice must be used in order for the eviction to be valid. The notices that a tenant can receive in the state include:
Non-Payment of Rent Notice to Quit
When a landlord is looking to remove a tenant from the property because of non-payment of rent, this notice does not need to be sent to the tenant. The landlord can go ahead and legally file an eviction with the district court in order to get the property back from the tenant. If the tenant does not appear at the court hearing, they will have four days to vacate the unit if the judge favors the landlord in the case.
14-Day Notice to Quit (Imminent Danger)
This is a type of notice that is given to tenants that have been said to be endangering the property or other residents who live on the premises. The reason for the notice must be clearly stated in the notice, and when this type of notice is given, the tenant will have a period of 14 days in which they must vacate the property. The clause for this type of eviction can be found in the Maryland state statute §8-402.1 (B).
30-Day Notice to Quit (Month-to-Month)
When a month-to-month rental agreement is ending, the landlord is likely to send this message to the tenant to inform them that they have a month to vacate the premises.
30-Day Notice to Quit (Non-Compliance)
This is a notice that is provided for the tenant to cease the behavior that is in violation of the lease. If the situation continues after the 30-day period, the landlord can pursue eviction proceedings. The exact violation must be listed on the notice so that the tenant has the opportunity to correct the behavior.
How to Write a Notice to Quit
Regardless of the differenced in these notices, when one is required, there are going to be aspects of the notice that are required so that the eviction is legal. Everything that needs to be present in these documents will need to be 100 percent correct. To make sure that everything is as it should be, the best way to prepare the document is to use the original lease. When the notice is written, the tenant must be defined, and the names must all be spelled correctly, so taking the names off of the original lease agreement can help make sure that everything is valid. When writing the notice, the sections that should be seen on the document include:
Date the Notice
When this notice is written, it is essential that the date goes at the top of the document so that the tenant knows precisely when it was written and where the information comes from. The date will need to include the month, the day, and the year so that the tenant and the landlord have a good record of the notice and when it was written.
Define the Tenant
The first section that will require information to be filled out by the landlord is the section where the person who is receiving the notice is confirmed. This line can state the tenant or the tenant’s names, but every name on the document must be spelled correctly. If there is more than one tenant living in the unit, all of their names must be present on the document. The name must be their full legal name, so make sure to spell it exactly as it is in the original rental agreement. To make sure that the document can be used for different units when this type of notice needs to be sent out, provide a space with up to eight lines that can be used to print each name.
Define the Property
After the tenant is defined in the document, the next section is going to be dedicated to defining the property that the tenant is renting. This will help to make sure that the unit that is being rented in the one that the landlord wants to vacate. Make sure to include the full address of the property. Include the street number, the street name, the unit number, the city, the county, the zip code, and the state. If there are any identifying aspects of the property they can be listed here as well. However, the document will typically look like this:
The premises herein referred to is located in the City of (Name) the County of span class=”formline”>(Name), the state of Maryland, (Zip Code) designated by the number and street as (Address) Apt. (Unit Number).
Explain the Reason for the Notice
Since these documents can be used for more than one type of non-compliance issue, the reason for the notice will need to be written on the document. If the notification was sent for a non-payment of rent, then the total amount that is owed needs to be listed on the document as well as the amount that is due for each month. When there is an amount that is due to be paid, this should include any late fees or court costs that the tenant will be responsible for paying.
If the notice was sent for a non-compliance of some sort, then the terms of the lease that was being broken needs to be written in the document and the amount of time that the tenant has to fix the issue and be back in line with the terms of the rental agreement. If the notice is an imminent danger notice, then the tenant will not have the option to change their behavior, they will simply need to vacate the property within the 14 days that are provided.
Establish the Landlord’s Intent
Even though the notice clearly states what the tenant has to do in the next several days, the landlord will need to clarify this by stating their intent and making it clear to the tenant that they plan to continue with eviction proceedings if the notice is not taken into account. This will help the tenant know that the landlord is serious when it comes to this matter. The statement should mention that if the tenant owes back rent, the landlord can seek to recover the rent and recover the cost of any damage that is found in the unit. At the bottom of this section, the landlord must sign and date the document so that it is legal, and everything that is said in it can be seen by the tenant.
Delivery of the Notice
When the document is signed, and it is ready to be delivered, there is going to be a delivery agent that is going to be responsible for getting the notice to the tenant. The landlord will not be permitted to deliver this type of message in person to the tenant, so the delivery agent will be responsible for making sure that it is delivered to the right person and that it is marked down how it is received. There will be a line for the delivery agent to mark down the day, the month, and the year that it is delivered. Then, there will be a space for the name of the person that the notice was delivered to and three boxes that can be used to determine how it was delivered. The first is to deliver it personally to the tenant. The second is to deliver it to a family member or a member of the household that is over the age of 18. The third box can be checked when it is sent by first-class mail. Once a box is checked off, the delivery agent will need to sign the bottom of the document as well.