What is the eviction process in Maryland?
1. Statutory Framework. Maryland eviction is governed by Md. Code, Real Property §§ 8-401 (Failure to Pay Rent), 8-402 (Tenant Holding Over), and 8-402.1 (Breach of Lease).
2. Pre-Filing Notice. FTPR (nonpayment) requires no pre-suit written notice unless the lease specifies one, but landlords must provide the tenant with a notice of intent to file at least 10 days in advance under SB 384 (2021) and provide the tenant with the registration/license information required by Md. Real Prop. § 8-208.1. Tenant Holding Over requires 1-month notice (3 months for year-to-year). Breach of Lease (§ 8-402.1) requires 30-day notice and clear lease provision allowing termination.
3. Filing the Complaint. File the Complaint and Summons (DC-CV-082 for FTPR) in the District Court for the county where the property is located. Filing fee is approximately $46 (Baltimore City) to $53.
4. Tenant Answer / Default. Tenant must appear on the trial date set within 5 days (FTPR) or 15 days (other actions) of filing. No written answer required.
5. Hearing. Summary trial held promptly. Defenses include rent escrow / warranty of habitability (Md. Real Prop. § 8-211), retaliation (§ 8-208.1), Md. Fair Housing Act, and federal Fair Housing Act. Tenant has an absolute right of redemption by paying full rent, late fees, and costs before the warrant executes (§ 8-401(g)) - unless they have invoked redemption 3+ times in 12 months.
6. Writ of Possession. Warrant of restitution issues after 4 days for FTPR (or 10 days for breach/holdover). Sheriff executes within 60 days; constable provides advance notice (varies by county).
7. Self-Help Prohibition. Md. Real Prop. § 7-113 prohibits self-help eviction and utility shutoffs; tenants may recover possession plus damages and reasonable attorney's fees.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. No statewide just-cause; Montgomery County (Ch. 29) and Prince George's County impose just-cause and rent stabilization for covered units; Baltimore City requires landlord registration and a 14-day pre-FTPR notice.
This is legal information, not legal advice.
- Property is in Baltimore City (registration/license defenses)
- Montgomery County or Prince George's County rent stabilization applies
- Tenant has invoked redemption 3+ times in 12 months and seeks to contest
- Md. Real Prop. § 8-401
- Md. Real Prop. § 8-402
- Md. Real Prop. § 7-113
- 15 U.S.C. § 9058
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.