The Maryland Eviction Process for Unpaid Rent, Step by Step

What are the steps to evict a tenant for unpaid rent in Maryland?

A Maryland eviction for unpaid rent runs through seven steps, from a written notice to a sheriff or constable carrying out a court warrant. Maryland calls the case “failure to pay rent” or “summary ejectment.” It is filed in the District Court for the county where the home sits. Rent court cases can move fast, so have your papers ready before you file.

The tenant also has appeal rights. Either side may appeal to the circuit court within 4 days of the District Court judgment (8-401(i)). Read the glossary entries for failure to pay rent, notice of intent to file, and warrant of restitution for short definitions.

What does the 10-day notice have to say?

The notice must be on the form the Maryland courts publish, DC-CV-115. It lists the past-due rent and any late fees, a total, the date you gave notice, and how you gave it. The form states in bold that it “is not a notice of eviction.” The tenant can ask you for an itemized accounting, so keep the ledger up to date.

You can give the notice by first-class mail with a certificate of mailing, or by affixing it to the door. You can send it by email, text, or tenant portal only if the tenant elects electronic notice, and you need proof of the transmission. The late fee on the form must fit the lease and the 5 percent cap. See our guide to late fees and rent collection before you fill in the numbers.

The form also points tenants to mediation, rental assistance, and free legal help. Expect the tenant to use them. A call to settle can end the matter faster than a hearing.

What do I need to file the complaint and win at trial?

Bring a clean file. At trial the judge looks at the lease, the amount of rent per rental period, the due date, and the late fees. The complaint must state the date you gave the notice, and a tenant may challenge it.

Three items trip up owners who rush:

• A rental license, where one is required. If the county or town requires a license and the property has none, the landlord cannot use the summary ejectment process. See our rental license guide.
• Lead registration for homes built before 1978. The complaint must say the property is registered with the Maryland Department of the Environment and renewed, and give the inspection certificate number for the current tenancy. See our lead paint compliance guide.
• Proof of service. A summons posted on the door can support a judgment for possession, but not a judgment for the rent. A money judgment needs personal service on the tenant. You may ask the sheriff for personal service.

A landlord may have a property agent appear in rent court. The People’s Law Library says it is common. If you manage the rental yourself, think about who will go to court for you on a weekday.

Can the tenant stop the eviction by paying?

Yes, in most failure to pay rent cases. The tenant has a right of redemption. The tenant pays in cash, certified check, or money order all past-due rent, late fees, and court costs at any time before the eviction is carried out. A check from a government entity counts the same as the tenant’s own payment.

The right does not apply if three judgments of possession for rent were entered against the tenant in the 12 months before the new action. If the tenant pays in full before the sheriff or constable arrives, the case is over and you cannot go forward with that warrant.

The judge also has limits to apply. A physician’s certificate can extend the surrender date by up to 15 days after trial in a health case. Bad weather can pause an eviction: a freeze, winter storm warning, hurricane or tropical storm warning, or excessive heat warning lets the administrative judge stay a warrant day by day, and the stayed eviction goes first, within 5 days after the weather clears.

What happens on eviction day?

The sheriff or constable carries out the warrant, and you cannot do it yourself. The Maryland courts say the officer must be present and the eviction cannot take place on a Sunday or holiday. The sheriff checks the property for a pet dog or cat. If the tenant is present, the officer gives the pet to the tenant. If not, the officer contacts an animal shelter or rescue.

Your 6-day notice must include the case number, the tenant’s name, the address, the scheduled date, and a statement that this is the final eviction notice. It also carries a warning to the tenant that belongings left inside may be lost. Mail, a door posting with a dated photo, and email or text (if you have the tenant’s contact details) are the delivery methods the People’s Law Library lists. You may charge the tenant the actual cost, up to $5, of sending the notice.

Local practices for handling belongings vary. Ask the District Court clerk or sheriff’s office in your county before the date. The Calvert County Sheriff’s Office lists a Civil Process Unit and a landlord and tenant page. I could not open comparable pages for the other three counties, so call the clerk or sheriff’s office where the home sits.

How long does an eviction take?

Maryland sets some dates but not the total. The trial is set for the fifth day after filing. The tenant then has 7 days after judgment to comply. You have 60 days to ask for the warrant, and the warrant expires if you take no action on it within 60 days. After that, the sheriff’s calendar, a request to extend, an appeal, a weather stay, or a payment can change the date.

No honest guide can give you one number of weeks for every case in St. Mary’s, Charles, Calvert, or Prince George’s. Budget for delay, and keep paying the mortgage, taxes, and insurance.

What if the tenant stays after the lease ends?

A tenant who stays after the lease ends or the tenancy is terminated is a holdover tenant. Maryland lets the landlord recover actual damages, and the award may not be less than the rent for the holdover period at the lease rate. You can bring the damages claim in the same case or in a separate suit.

To repossess at the end of a term, you must first give written notice. For a written lease with a stated term, or a month-to-month tenancy, the notice is 60 days before the end of the tenancy (8-402(c)). Either side may appeal within 10 days. The holdover tenant glossary entry has the short definition.

The client’s tenant fee disclosure lists a month-to-month holdover fee of a 10 percent rent increase or $150 per month, whichever is greater, or the county cap if a county has one. That is a lease term to check for your own lease. It does not replace the notice rules.

What if the tenant breaks the lease but pays the rent?

You can seek repossession for a breach of lease only if the lease allows it. The landlord must give 30 days’ written notice that the tenant is in violation and that the landlord wants to repossess. If the breach shows a clear and imminent danger of serious harm to people or property, the notice period is 14 days. If the tenant does not comply, you can file in District Court.

The judge must find the breach was substantial and warrants eviction. Taking a payment after the notice does not waive the notice or a judgment for possession unless the parties agree otherwise in writing (8-402.1(d)). Talk to a Maryland attorney before you accept money from a tenant you are trying to remove for a breach.

What does an eviction involve in Southern Maryland?

Do you have a tenant who is not paying rent on your property? Evictions can be costly, so the best way to avoid one is to conduct a thorough tenant screening. Real Property Management Gold has the best screening process in the industry, and we evict less than 2 percent of our tenants nationwide. Most of the evictions we file are for landlords who have tried to manage their own properties or who have worked with other property management companies.

In Southern Maryland an Eviction is one of the toughest, time consuming, and costly processes in the Property Management Industry. It involves 2 processes: the legal filings and the physical eviction process.

The Maryland legal filings of eviction. This includes at least 3 trips to the courthouse: filing a complaint in court for repossession of rental property, the court appearance (the landlord or the landlord’s representative must be present at the court hearing), and the filing of a warrant of restitution.

The Maryland physical eviction process. This requires the Sheriff to be present, a locksmith, and a team of at least 5 individuals to clear the home in 2 hours. The following tasks must be completed:

• Change of the locks.
• All personal belongings of the tenant are to be removed to the public right of way. This must be left outside for 24 hours.
• Trash at the property removed and hauled to the dump.
• Return and haul away any remaining items on the lawn.

How do I avoid an eviction in the first place?

Screen well and keep rent collection tight. The client says it checks court records to see whether an eviction was ever filed against an applicant. Our tenant screening guide covers Maryland’s screening rules.

If you hire a manager, ask what the plan covers. The client’s owner page lists “Eviction services to save you time and money.” Its Platinum plan lists rent-paid and eviction filing coverage. Real Property Management Gold is not a licensed insurance broker. Please refer to the insurance policy for coverage information. See property management fees for plan prices.

Next step

Want an experienced team to run rent collection and handle the paperwork if a case ever comes up? Request a free assessment at /contact-us or call (301) 392-2172.

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