To evict a residential tenant in Maryland, landlords must obtain a court order for eviction by following the required procedural process in the landlord-tenant division of the District Court of Maryland for the county in which the rental property is located. The most common court actions in landlord-tenant court are actions for landlords seeking to evict a tenant. These include actions against tenants for failure to pay rent, holding over after the lease has expired, and breach of lease. The links listed below provide information on tenant rights and landlord obligations in connection with each of these actions.
Where a defect at a residential rental property presents a substantial and serious threat of danger to life, health, or safety of the occupants of the property, Real Property § 8-211 allows a tenant to pay rent into an escrow account with the clerk of the court, instead of to the landlord, provided that the tenant meets certain conditions. Click here to continue.
Whether a tenant is required to leave after receiving a notice to vacate depends on several factors. However, it is NEVER lawful for a landlord to evict a residential tenant without first obtaining a court ordered judgment for possession and warrant of restitution. Accordingly, a landlord can never force a tenant to leave immediately. Click here to continue...
Once a landlord is awarded possession due to failure to pay rent, an action for holding over, breach of lease, or wrongful detainer, eviction of a residential tenant (including lockout) cannot occur until the court orders the sheriff to proceed with eviction. The court will not issue an order... Click here to continue.
The law provides for certain situations in which an amount otherwise owed for rent is either excused altogether, or cannot be enforced (at the time), due to technical failures by the landlord. When these situations exist, they are called “defenses.” Read More
While a breach of lease can be frustrating, residential tenants are still entitled to certain procedural protections before an eviction can occur, and a landlord’s failure to follow the requirements can lead to a wrongful eviction claim. Read More
With few exceptions, if the Tenant pays all amounts determined to be past due under the judgment for possession, plus court awarded costs and fees, then it is unlawful for the landlord to move forward with eviction. Read more.
Unless a tenant of a dwelling unit (i.e., a residential tenant) has voluntarily abandoned or surrendered the leased premises, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action... Click here to continue
Maryland law authorizes summary ejectment proceedings for use when a landlord wants to quickly recover possession of rental property because the tenant failed to pay rent. The court provides pre-printed forms that must be completed and filed. The applicable form is Form DC-CV-082 (Failure to Pay Rent – Landlord’s Complaint for Repossession of Rented Property). ... Click here to continue
If the Tenant pays all amounts determined to be past due under the judgment for possession, plus court awarded costs and fees, then the landlord may not move forward with eviction. This right of the tenant to cancel the eviction is called the right to redemption... Click here to continue
To evict a tenant who will not leave after their lease expires, the landlord must provide property written notice and file an action for holding over. At least thirty days’ notice is required. The exact number of days depends on the lease terms and the laws of the county in which the property is located. ... Click here to continue
In any case where the amount in controversy exceeds $15,000.00, exclusive of attorney’s fees, if attorney’s fees are recoverable by law or contract, the parties are entitled to a jury trial. If a jury trial is timely demanded in a landlord-tenant action, the action may be transferred to circuit court for trial. Click here to continue
I cannot count the number of times landlords have come to me when after months and months of partial payments and late payments, the tenant ultimately stops paying.
These landlords have usually allowed the tenant to amass a 3-6 month past due balance and are in full blown panic mode due to the loss of revenue... Imagine the shock... Click here to continue
This information is to provide general information about the law, not to provide legal advice. THIS INFORMATION MAY NOT BE UP TO DATE. By using this site you understand that there is no attorney client relationship between you and the publisher or any attorney contributor. The information on this site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.