How To Evict A Tenant In Maryland?

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How To Evict A Tenant In Maryland
Maryland Eviction Complaints – In order to evict a Maryland tenant for any reason, the landlord must head to court. If the tenant doesn’t move out, the landlord completes a Complaint in Unlawful Detainer form and files it with the district court in the district in which the rental property is located.

The sheriff or county constable serves the tenant with a copy of the complaint and notice of a hearing. The hearing is held quickly, generally within five days. If the tenant disputes the claim, the court hears arguments and evidence from both parties before making a decision. If the landlord wins, the court issues them a judgment for possession of the rental property.

The sheriff or constable enforces the eviction order and, once the tenant is out of the unit, the landlord can change the locks.
Issues for Landlords – My tenant stopped paying rent, what can I do?

  • What action? When a tenant fails to pay rent, the landlord may seek eviction and money damages. NEW: Before filing a Failure to Pay Rent case with the District Court, tenant’s must be provided with a notice of the Landlord’s intent to do so. The notice must tell the tenant how much rent is due and give them 10 days to pay. Landlords should use the form, Notice of Intent To File A Complaint For Summary Ejectment (Failure To Pay Rent) (DC-CV-115),
  • How to file? After giving proper notice of past due rent, the landlord may file a Failure to Pay Rent form (DC-CV-082). File the form in the District Court in the county where the rental property is located.
  • How to give notice? After the case is filed, the tenant will need be served. The District Court, sheriff, or constable will mail copies of the papers to the tenant and post them on the property, or you can request that the sheriff or constable serve the tenant in person (for a fee). You can also arrange for private process service, where a company or individual will serve the tenant for you, in addition to the service by the sheriff or constable.
  • What happens in court? On the trial date, if either party fails to appear, the court may dismiss the case, issue a judgment, or postpone the trial. If both parties are present, the judge will listen to evidence from both sides. If the court finds in favor of the landlord, the court may enter judgment for possession. In Baltimore City, special notice requirements apply.
  • What happens after judgment? After the court enters judgment for possession, the tenant no longer has the right to live in the property. See the next section about Evictions.
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How do I evict a tenant?

  • What action? For failure to pay rent cases the eviction process cannot start until 4 business days have passed from the time the court entered a judgment for possession in favor of the landlord. For breach of lease cases, or tenant holding over cases ( refuses to leave), the landlord may seek eviction immediately.
  • What do I need to do first? Obtain a judgment for possession against the tenant from the District Court. See “How to File” above.
  • How to file? The landlord may file a Petition for Warrant of Restitution (DC-CV-081), The court will decide whether to enter an Order for Warrant of Restitution.
  • How to give notice? The landlord is not responsible for notifying the tenant of the time of eviction. However, it makes sense to do so because it gives the tenant the chance to remove personal property before the eviction. This is not the case in Baltimore City. Special notice of eviction date rules apply to Failure to Pay Rent cases.
  • How to evict the tenant? The sheriff or constable must be present during the eviction. To begin the process of eviction, the landlord requests a Warrant of Restitution. In a failure to pay rent case, the Landlord must make the request within 60 days of judgment or the expiration of any stay of execution. The eviction cannot take place on a Sunday or holiday. Once property is removed from the premises, the tenant is responsible for its safety. In Baltimore City, special property removal restrictions apply,

How to lawfully evict a tenant without a lease?

Evicting an Inherited Tenant – One of the most common ways to end up with a tenant without a contract is when you take possession of a new property. This can be a property that you bought or inherited that already has a tenant living there. In most cases, you can give such tenants a notice to quit.

  1. Serve the tenant with an official notice to quit with the proper waiting period
  2. File for eviction with your local court if the tenant doesn’t want to move
  3. Prepare documentation explaining that you didn’t intend to keep the tenant when you acquired the property or why you need the tenant to leave before the original contract ended
  4. If the court rules in your favor, bring the court order to your local authorities to carry out the eviction.

Do I need an attorney to evict a tenant?

Strictly speaking, a lawyer is not required to evict a tenant but the possible consequences of a mistake made by a layperson landlord may outweigh the cost of counsel. If you would like to do additional research, click on the links below: Unsure About the Eviction Process? Talk to an Attorney

How long does it take for a landlord to evict a tenant?

Eviction Timeline – In some states, the judge can order eviction immediately at the end of the trial. But the court customarily gives the tenant time to move out, usually one to four weeks. If the tenant remains after that period, the landlord has to hire a sheriff or marshal to carry out a forcible eviction.

  1. That will take several more weeks.
  2. Further delays are possible if the tenant files a motion for more time, files for bankruptcy, or appeals the judge’s ruling.
  3. Eviction may take longer yet if the tenant is being evicted during times of turmoil, pandemic, or weather emergencies.
  4. Thus, the eviction process can take from five weeks to three months, assuming there are no delays.
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If there are delays, the process can take as much as a year.

Does a landlord need a reason to evict a tenant?

Whether tenants have signed leases or not, landlords must cite legal reasons for evicting them before their determined lease period ends. Among some of the more common legal reasons for evicting people from rental units are: Property damages Illicit drug use Failure to pay rent Unauthorized pets Failure to make utility payments