A reference of Maryland Eviction Laws, and steps of the Louisiana eviction process for landlords and renters, updated 2021.
- What are the reasons fro eviction under Maryland eviction laws?
- Nonpayment of rent (Md. Code Real Property §8-401).
- Non-compliance with the lease agreement (Md. Code Real Property §8-402.1).
- Clear and imminent danger to someone on the property (Md. Code Real Property §8-402.1).
- Clear and imminent threat to damage to property (Md. Code Real Property §8-402.1).
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Md. Code Real Property §8-402).
- What notice do Maryland eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, Maryland does not require any notice. The landlord can begin the eviction process immediately. (Md. Code Real Property §8-401).
- For evictions based on the tenant’s behavior that demonstrates a clear and imminent danger to the tenant, other tenants, the landlord, the landlord’s representatives, or any other person on the property, the landlord must give a 14-day notice to the tenant (Md. Code Real Property §8-402.1(a)(1)(i)2.B).
- For evictions based on the tenant’s behavior that demonstrates a clear and imminent danger to the property, the landlord must give a 14-day notice to the tenant. tenant (Md. Code Real Property §8-402.1(a)(1)(i)2.B).
- For evictions based on the tenant remaining in possession of the rental property after the expiration of the lease, the landlord must provide a 30-day notice to the tenant (Md. Code Real Property §8-402).
- Do Maryland eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Maryland law prohibits landlords from threatening to take possession of the rental property that they do not have a right to or interrupting utilities to the tenant. The landlord can be required to pay any actual damages, attorney’s fees, and costs if a tenant wins an action against them. (Md. Code Real Property §8-216).
Eviction Process in Maryland: Step-by-Step
The eviction process in Maryland is called a “Wrongful Detainer Action.” This process involves the following steps:
- Send the Eviction Notice
The landlord must usually give the tenant notice that he or she is seeking to terminate the lease and evict the tenant. This can be sent via first-class certified mail. If the eviction is due to non-payment of rent, no notice is required and the landlord can begin with the next step.
- File Wrongful Detainer Action
The tenant begins the judicial eviction process in Maryland by filing a Wrongful Detainer Action. If the landlord is evicting the tenant due to non-payment of rent, they can complete the sample Complaint. Maryland law states what must be included in the complaint. This document is filed in the district court where the property is located. The landlord also files a summons. The landlord must also pay a filing fee.
Baltimore has specific instructions that the landlord must follow to evict a tenant there.
- Serve the Tenant
The tenant must be given a copy of the complaint and summons. Service can be completed by having the local county sheriff’s office personally serve the defendant or through first-class certified mail. If the eviction is due to non-payment of rent, the tenant can halt the process by paying any back rent, late fees, and court costs by the day of the hearing indicated in the summons.
- Appear in Court
The parties must appear in court on the day indicated in the summons. If the tenant does not appear in court or the court rules in favor of the landlord, the tenant has four days to vacate the property.
- Petition for a Warrant of Restitution
If the tenant does not leave after four days, the tenant can petition the court for a Warrant of Restitution. The landlord gives the signed warrant to the sheriff who can use it to physically evict the tenant. The eviction must take place within 60 days after the court orders the Warrant of Restitution. The eviction cannot occur on a Sunday or holiday.