How to Evict a Tenant in Maryland

There isn’t a real estate investor in Maryland who looks forward to evicting a tenant. Not only does this cost time and money, but it also means a stressful and often prolonged process that can disrupt your property’s income flow. 

However, when it's necessary, understanding Maryland's specific eviction laws can make the process smoother and help you avoid costly missteps.

Steps to Evict a Tenant in Maryland

As a landlord in Maryland, it’s important to have a firm grasp of the eviction process. Even if you’re not faced with this situation right now, you never know what the future could bring.

Here are the steps you must take to evict a tenant in Maryland.

Step 1: Determine Legal Grounds for Eviction

Before moving forward with an eviction, you need to confirm that your reasons align with Maryland’s eviction laws. Legal grounds include nonpayment of rent, lease violations, or cases where the tenant poses an immediate safety threat. Ensuring a valid reason helps you avoid delays and potential legal complications.

• Nonpayment of rent: When tenants fail to pay by the due date, this can justify eviction.
• Lease violations: Violations include unauthorized occupants, damage to the property, or illegal activities on the premises.
• Threat to safety: Situations where the tenant's actions endanger others may also warrant eviction.

Carefully document your grounds to support your case in court.

Step 2: Serve the Appropriate Notice to the Tenant

To begin the eviction process, serve the tenant with the correct notice based on your grounds for eviction. Maryland law requires different notice periods depending on the issue, so providing the proper notice is necessary to avoid delays.

Nonpayment of Rent: 10-Day Notice to Pay or Vacate

If the tenant has not paid rent, you can issue a 10-day notice. This allows them to pay the overdue rent or vacate the property within ten days.

Lease Violation: 30-Day Notice to Cure or Vacate

For lease violations, provide a 30-day notice that allows the tenant to correct the issue or move out. Common lease violations include unauthorized occupants, property damage, or illegal activities.

Imminent Threat or Serious Harm: 14-Day Notice to Vacate

If the tenant poses an immediate safety threat or engages in harmful activities, you may serve a 14-day notice to vacate. This expedited notice helps protect other tenants and the property.

End of Lease or No Lease: 60-Day Notice to Vacate

For tenants at the end of their lease term or with no formal lease agreement, serve a 60-day notice. This period gives them ample time to find alternative housing arrangements.

Step 3: File a Complaint With the District Court if the Tenant Fails to Comply

If the tenant does not respond to the notice by paying rent, remedying the lease violation, or vacating the property, you can proceed by filing a formal complaint with the appropriate district court. This step initiates the legal eviction process. Before filing, ensure you have all relevant documents, such as a copy of the lease, the notice served, and documentation of the tenant’s non-compliance.

• Visit the district court in the jurisdiction where the property is located. Evictions must be filed in the property’s county.
• Complete the required forms, including a “Complaint for Summary Ejectment.”
• Pay the filing fee (fees vary by county).
• Once you file, the court will issue a summons to notify the tenant of the pending eviction hearing.
• The tenant will have the opportunity to appear in court and respond to the complaint.

The tenant will have the opportunity to appear in court and respond to the complaint. This filing step formally engages the court in the eviction, ensuring that both parties have the chance to present their case. Be prepared to attend the hearing and present evidence supporting your claims.

Step 4: Serve the Tenant With a Summons and Complaint

After filing the complaint, the next step is to formally serve the tenant with a summons and a copy of the complaint. This summons notifies the tenant of the court date, allowing them to prepare a defense or resolve the issue before the hearing. Properly serving these documents is necessary, as failing to follow legal procedures can lead to delays in the eviction process.

The summons and complaint can typically be served in a few ways, depending on the county’s regulations. You can handle the service yourself, or you may choose to work with law enforcement or a professional process server to ensure proper delivery. 

Once served, tenants are legally bound to appear in court on the scheduled date or face a default judgment.

Here are the common methods of serving the tenant:

• Personal service: Have a sheriff, constable, or process server deliver the summons directly to the tenant.
• Substitute service: If the tenant is not available, leave the summons with another responsible adult at the rental property.
• Posting and mailing: In cases where personal service is difficult, some counties allow you to post the summons on the tenant's door and mail a copy to their last known address.

Each method has specific requirements, so confirm that the approach you choose meets Maryland’s regulations. After the documents are served, file proof of service with the court to verify that the tenant was notified according to the law. This step completes the notification process, allowing the eviction case to proceed to the hearing.

Step 5: Attend the Court Hearing

Once the tenant has been served, the next step is to attend the court hearing. This hearing is your opportunity to present your case to the judge and provide evidence supporting your reasons for eviction. Preparation is key here, as a well-organized presentation can make a significant difference in the court’s decision.

On the hearing day, arrive early and bring all necessary documentation. Being fully prepared with clear evidence and documentation can streamline the process. Here’s what you should consider bringing:

• Lease agreement: A copy of the original lease signed by you and the tenant, showing the terms that were agreed upon.
• Notice documentation: Proof that you served the appropriate notice to the tenant, whether for nonpayment, lease violations, or other grounds.
• Payment records: Records that show the tenant’s payment history and any missed or partial payments.
• Communication logs: Copies of any written communication between you and the tenant, such as emails or letters about rent, repairs, or other issues.
• Inspection reports: Documentation of the property’s condition before and during the tenant’s stay, especially if there are claims of property damage.

During the hearing, you’ll have the chance to present your case, answer the judge’s questions, and respond to any statements made by the tenant. Stick to the facts, avoid emotional arguments, and focus on the documented evidence.

If the judge rules in your favor, you’ll receive a judgment for possession, allowing you to proceed with the eviction. Remember, being organized and prepared is key to making a compelling case.

Step 6: Obtain a Judgment for Possession if the Court Rules in Your Favor

If the court rules in your favor at the hearing, the next step is to obtain a judgment for possession. This judgment legally grants you the right to reclaim the property from the tenant. 

However, this does not mean you can immediately change locks or remove the tenant; there are specific procedures you must follow to complete the eviction process according to Maryland law.

After the judge issues the judgment, you’ll need to wait for the formal documentation to be processed by the court. This judgment is necessary to proceed with scheduling the physical eviction if the tenant refuses to leave voluntarily.

Here’s what you should do next:

• Review the judgment document: Carefully read through the judgment to understand any specific conditions or timelines for the tenant’s removal.
• Allow a grace period: Tenants may have a short period to vacate the property voluntarily, typically given by the court.
• File for a writ of restitution: If the tenant does not leave within the given timeframe, file for a writ of restitution. This document authorizes law enforcement to proceed with the eviction.
• Coordinate with law enforcement: Work with the sheriff’s office to schedule the eviction date, as only law enforcement is permitted to carry out the physical eviction.

Obtaining a judgment for possession is an important legal step, but it’s critical to follow each procedure carefully. Acting outside of the court’s order can lead to legal consequences, so rely on law enforcement to complete the process properly.

Step 7: Request a Writ of Restitution From the Court

If the tenant does not vacate the property after the judgment for possession, you’ll need to request a writ of restitution. This document legally authorizes law enforcement to carry out the eviction and restore possession of the property to you. Filing for a writ of restitution is a straightforward but essential step in ensuring the eviction is conducted according to Maryland law.

To request the writ, return to the district court where the original judgment was issued. Complete the necessary form and pay any associated fees, which may vary by county. Once approved, the writ will be directed to the local sheriff’s office, authorizing them to oversee the eviction process.

Here’s what to keep in mind when requesting a writ of restitution:

• File promptly: Request the writ soon after the tenant fails to vacate within the court-ordered timeframe.
• Provide all documentation: Bring the judgment for possession and any court documents verifying the tenant’s non-compliance.
• Coordinate with the sheriff’s office: After filing, communicate with the sheriff’s office to arrange a date for the eviction. Only law enforcement is authorized to remove the tenant from the property.
• Prepare for the eviction date: Be present on the scheduled date with any necessary personnel to secure and inspect the property after the eviction.

A writ of restitution ensures that the eviction follows legal protocols and allows the sheriff to carry out the process without potential complications. Following this procedure protects you from liability and reinforces that the eviction was handled by the law.

Step 8: Schedule the Eviction With the Sheriff or Constable

Once the writ of restitution is approved, the next step is to contact the sheriff or constable to schedule the eviction. Only law enforcement is permitted to carry out the physical eviction, so coordinating with them is essential. 

Start by reaching out to the sheriff’s office in the county where the property is located and provide them with the writ of restitution.

The sheriff’s office will work with you to set an eviction date based on their availability and the property’s location. It’s important to prepare for this day by making arrangements to secure the property immediately after the tenant’s removal. 

Tip: you may also want to have a locksmith on standby to change the locks once the eviction is complete.

On the scheduled date, you are generally required to meet the sheriff at the property to allow access and oversee the process. The sheriff or constable will ensure the tenant vacates the premises, allowing you to regain possession lawfully. 

Remember, the eviction can only be completed with law enforcement present, and attempting to do so on your own may result in legal issues.

Step 9: Conduct the Eviction With Law Enforcement Present

On the scheduled eviction date, meet the sheriff or constable at the property to carry out the eviction. Law enforcement’s presence is required to ensure the eviction is done legally and safely. They will oversee the tenant's removal, confirming that you regain possession without any complications or disputes.

When law enforcement arrives, allow them to take the lead. They will instruct the tenant to vacate the property and will handle any situations that may arise. While the eviction takes place, you should be prepared to inspect the property and take steps to secure it immediately afterward.

Once the tenant has vacated, you may need to change the locks to prevent reentry. Additionally, inspect each area of the property for damages or abandoned items left behind by the tenant. 

Conducting the eviction with law enforcement ensures that you remain compliant with Maryland law, and it also provides a layer of security, as any conflicts are managed by trained officials.

Step 10: Handle Any Tenant Belongings Left Behind According to Maryland Law

Once the tenant has vacated, you may find that they left behind personal belongings. Maryland law has specific guidelines for handling these items, so it’s important to follow the correct procedures to avoid any legal issues.

• Determine storage requirements: Each county in Maryland has specific regulations about storing a former tenant's belongings, so be sure to check what the law is for your area.
• Notify the tenant (if possible): Attempt to contact the former tenant and inform them of any items left behind and how they can retrieve them within the designated period.
• Document the belongings: Take photos or create an inventory of all items left on the property. This can serve as a record in case of disputes.
• Store items safely: Place the belongings in a secure location if storage is required. Avoid disposing of items until the legal retention period has passed.
• Dispose of unclaimed items: If the tenant does not collect their belongings within the required time, you may be able to dispose of or donate them, depending on local laws.

Handling tenant belongings responsibly ensures you stay compliant with Maryland regulations and protects you from liability.

Maryland Eviction Frequently Asked Questions

Here are some commonly asked questions about the Maryland eviction process.

How Long Does the Eviction Process Take in Maryland?

The eviction process in Maryland generally takes between two and three months, depending on court schedules and compliance with notice requirements. Delays may occur if tenants contest the eviction or if there are procedural issues.

Can I Evict a Tenant in Maryland Without a Court Order?

No, Maryland law requires a court order to legally remove a tenant from a rental property. Attempting an eviction without court approval could result in legal penalties against the landlord.

What Happens if a Tenant Pays the Overdue Rent After an Eviction Notice Is Issued?

If the tenant pays the full overdue rent before the court hearing, the eviction process for nonpayment of rent will generally be halted. However, if there are other lease violations, the eviction may still proceed based on those grounds.

Do I Need a Lawyer to Handle an Eviction in Maryland?

While it’s not required, hiring a lawyer can be helpful to ensure all legal steps are properly followed, especially if the tenant disputes the eviction. A lawyer can guide you through the process and represent you in court if needed.

Are There Protections for Tenants During the Winter Months in Maryland?

Maryland does not have specific protections against winter evictions; however, all standard eviction procedures must still be followed. Tenants may receive assistance from local programs during colder months, but landlords are not restricted from filing for eviction during winter.

Final Word

The eviction process in Maryland can be challenging, but following each step carefully helps minimize disruptions and ensures you stay compliant with the law. 

By understanding your legal obligations and preparing your case thoroughly, you’re better equipped to navigate this process effectively and regain control of your property if necessary. And with that, you also know how to better manage your rental property in the future, or you can sell to a cash buyer if you're ready to move on.