Create Document
Fill & Sign
Adobe PDF
Microsoft Word
OpenDocument
A Maryland eviction notice informs a tenant that their landlord may take legal action to evict them unless they correct a lease violation, pay rent, or vacate the premises within a designated notice period. The amount of notice required for a lease violation will depend on the severity of the breach; thirty (30) days’ notice is required for general violations while only fourteen (14) days’ notice is needed for more severe issues (e.g., threats to the safety of other tenants). However, if the tenant fails to pay rent, the landlord is not required to provide advance notice but may instead file for eviction immediately following a late payment.
By Type (4)
10-Day Notice to Quit for Non-Payment – The landlord must serve the tenant with ten (10) days’ notice to instruct them to pay rent or vacate the premises.
Download: PDF, Word (.docx), OpenDocument
30-Day Notice to Quit for Non-Compliance – Served on a tenant who has violated their lease. The tenant will have thirty (30) days to satisfy the landlord’s terms.
Download: PDF, Word (.docx), OpenDocument
14-Day Notice to Quit for Clear and Imminent Danger – This notice is used when a tenant causes or allows a clear and imminent danger on the premises. The tenant will have fourteen (14) days to vacate following receipt of the notice to quit.
Download: PDF, Word (.docx), OpenDocument
30/60-Day Notice to Terminate Month-to-Month Lease – A letter that informs the landlord or tenant of the other’s intention to terminate a monthly lease in the number of days specified in state statutes (30 days for tenants, 60 days for landlords).
Download: PDF, Word (.docx), OpenDocument
Contents |
Eviction Laws + Required Notices
- Grace Period: Not mentioned in state statutes.
- Non-Payment of Rent (§ 8-401(a)): No notice required.
- Non-Compliance (§ 8–402.1(a)(1)(i)(2)(A)): Thirty (30) Days
- Clear and Imminent Danger (§ 8–402.1(a)(1)(i)(2)(B)): Fourteen (14) Days
- Periodic Tenancy Termination (§ 8-402(c)(2)(i) and (c)(3)(i)): Sixty (60) Days for Landlords; Thirty (30) Days for Tenants
How to Evict a Tenant
In almost all situations, a tenant may only be evicted after being served with a written letter known as a “notice to quit.” The purpose of the notice is to state the infraction and the period in which the tenant must comply with the notice demands. It may also outline the remedial actions the tenant can take to retain their lease. Eviction requirements vary in certain jurisdictions, as is the case with Baltimore City. Before proceeding, landlords are encouraged to contact their local district court to inform themselves of any variances.
Step 1 – Prepare an Eviction Notice
There are several reasons why a tenant might be evicted in Maryland, and the type of notice provided to the tenant must correspond with the reason for eviction. If the tenant violates their lease, fails to pay rent*, remains on the property after their lease expires, or creates a clear and imminent danger on the premises, the landlord will have legal grounds to serve them with a notice to quit.
*No notice is required when evicting for the non-payment of rent. The use of a notice in this circumstance is optional.
The landlord must prepare one (1) of the following notices:
- Notice to Quit for Non-Payment
- 30-Day Notice to Quit for Non-Compliance
- 14-Day Notice to Quit for Clear and Imminent Danger
- 30/60-Day Notice to Terminate Month-to-Month Lease
Step 2 – Serve Tenant With Notice
The landlord should make several copies of the notice before serving it on the tenant or, if the tenant is not available, another occupant of the premises. If personal delivery cannot be performed, the landlord should post the notice to a conspicuous location on the premises and send a copy by certified mail to the tenant’s address.
Step 3 – File Eviction Complaint
The eviction notice will state the time frame in which the tenant must comply with the demands therein. If the tenant doesn’t satisfy the notice terms within this period, the landlord may initiate an eviction lawsuit by filing a complaint with the district court where the property is located. The type of complaint submitted to the court will depend on the nature of the eviction. Some jurisdictions may require additional paperwork upon filing; landlords should contact the district court to see what documents will be needed.
Eviction Complaints:
- Complaint for Non-Payment (Sample) – The official document must be obtained from a district court.
- Complaint for Breach of Lease – Applicable for both general and substantial lease violations.
- Complaint for Holding Over – Used when a tenant remains on the premises after their lease expires.
- Complaint for Wrongful Detainer – For unlawful occupants who refuse to leave.
Eviction complaints can be filed in person or online using the Maryland government e-filing service. Upon submission of the complaint, the landlord will need to pay the filing fee. The court will schedule an eviction hearing immediately after filing or shortly thereafter. In the latter case, notification of the eviction hearing will be delivered to the landlord by mail.
Step 4 – Serve Summons on Tenant
Each eviction complaint includes a summons that will need to be served on the tenant. The summons will notify the tenant of the hearing date and provide instructions about how they can defend their case. After filing the complaint, the landlord must arrange for the sheriff or a constable to serve the summons on the tenant (a service fee will be required).
Step 5 – Eviction Hearing
The landlord and tenant must appear in court on the hearing date to present their cases. Should either party fail to attend the trial, the court may immediately issue a judgment in favor of the present party. The landlord must bring a copy of the eviction complaint/summons to present to the bailiff as well as copies of any supporting evidence (e.g., lease agreement, notice to quit, ledger proving an unpaid balance). A decision will be made by the court after reviewing the cases presented by each party.
Step 6 – Warrant of Restitution
If the landlord prevails at the hearing, they must file a Petition for Warrant of Restitution (DC-CV-081) with the court. This document petitions the court for a warrant which authorizes law enforcement to evict the tenant from the property (the petition must be obtained from a clerk – see Sample). A filing fee will be required upon submission of the petition.
Eviction for Non-Payment:
- If the eviction is for the non-payment of rent, the landlord must wait until the fifth (5th) business day following the hearing to submit the petition. The tenant may, at any point before the actual move-out date, avoid eviction by paying the total amount due to the landlord. However, the landlord can ask the court to deny this right if the tenant has three (3) rent judgments (or four (4) in Baltimore City) made against them in the past twelve (12) months.
Step 7 – Evict Tenant
If the Warrant of Restitution is granted to the landlord and the tenant hasn’t appealed the court’s decisions, the landlord must contact the sheriff’s department to schedule an eviction date to remove the tenant from the property. Both landlord and law enforcement can then visit the property to evict the tenant.
Court Forms + Resources
Forms
- Complaint and Summons Against Tenant in Breach of Lease (DC-CV-085)
- Signing: Landlord, Judge or Clerk, and Sheriff or Constable
- Complaint and Summons Against Tenant Holding Over (DC-CV-080)
- Signing: Landlord, Judge or Clerk, and Sheriff or Constable
- Complaint for Wrongful Detainer (DC-CV-089)
- Signing: Landlord, Clerk, and Sheriff or Constable
- Failure to Pay Rent – Landlord’s Complaint for Repossession of Rented Property (DC-CV-082) – Sample
- Signing: Landlord, Judge or Clerk, and Sheriff or Constable
- Petition for Warrant of Restitution (DC-CV-081) – Sample
- Signing: Landlord and Judge