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What is the eviction process in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Maryland eviction is governed by the Real Property Article §§ 8-401 to 8-402.1 and Maryland Rule 3-711.

1. Notice

  • Failure to pay rent: No advance notice required — landlord may file a "Failure to Pay Rent" complaint immediately after rent is overdue (Md. Real Prop. § 8-401). The summons itself acts as the rent demand.
  • Tenant holding over: 1 month written notice for month-to-month, 3 months for year-to-year (§ 8-402(b)).
  • Breach of lease: 30-day notice to vacate for non-curable breach; expedited 14-day notice for clear and imminent danger (§ 8-402.1).

    • 2. Filing the Complaint

    Landlord files Form DC-CV-082 (Failure to Pay Rent) or DC-CV-080 (Breach of Lease/Tenant Holding Over) in the District Court of the county or Baltimore City. Filing fee is approximately $8-$46 for FTPR and $46 for breach/holding over.

    3. Service and Trial Date

    Sheriff/constable posts the summons on the property and mails first-class. Trial must be held no earlier than 5 days after summons issuance for FTPR cases (Md. Rule 3-711). Tenant must be given at least 4 days notice before trial.

    4. Trial

    FTPR trials are summary; tenant may appear and contest. If tenant pays full rent, late fees, and court costs at any time before warrant of restitution executes, the case is dismissed (the right of redemption — § 8-401(e)). Tenant loses redemption right if claimed three or more times in 12 months.

    5. Judgment and Warrant of Restitution

    If landlord wins, court enters judgment for possession. Tenant may appeal to circuit court within 4 days (FTPR) or 10 days (other actions). Landlord may request a Warrant of Restitution 4 days after judgment for FTPR.

    6. Sheriff/Constable Lockout

    Warrant must be executed within 60 days of issuance. Sheriff or constable typically schedules the eviction within 1-3 weeks, posting at least 24 hours notice.

    7. Tenant Defenses

    Rent escrow for serious habitability defects (Md. Real Prop. § 8-211), retaliation (§ 8-208.1), security deposit (§ 8-203), discrimination, illegal lockout (§ 8-216), and right of redemption.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to redeem and avoid the warrant
    • Property has dangerous habitability defects
    • You were locked out without court order
    Related Statutes & Laws
    • Md. Real Prop. § 8-401
    • Md. Real Prop. § 8-402
    • Md. Real Prop. § 8-211
    • Md. Real Prop. § 8-208.1
    • Md. Rule 3-711

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.