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Maryland Law

Warrant of restitution

A warrant of restitution is a court order that lets a sheriff or constable carry out an eviction after a landlord has won a case.

A warrant of restitution is the last legal step before an eviction. The Maryland Courts explain that the landlord must first win a judgment, then file a petition for warrant of restitution. If the court grants it, it allows the landlord to evict the person in the property. Winning the judgment alone does not let a landlord remove anyone.

Only the sheriff or constable can carry out the eviction, and one must be present. It cannot take place on a Sunday or holiday. The court form also says the landlord must give the tenant notice at least 14 days before the eviction date set by the Sheriff's Office.

Owners should not change locks, remove belongings or shut off utilities on their own. That can create serious legal trouble. A failure to pay rent case, plus a proper notice of intent to file, must come first. See how this works in Southern Maryland evictions.

This page is general information, not legal advice. Laws change; check the linked official source or talk to a Maryland attorney.

Read nextThe Maryland Eviction Process for Unpaid Rent, Step by Step

Related terms

Sources

  1. Maryland Courts: Petition for Warrant of Restitution (DC-CV-081)

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