Tenant disputes can turn ugly very easily, but Maryland has enacted laws that protect renters from unfair practices and landlords from troublesome tenants. Because a tenant relies on a rental as a shelter for their personal belongings as well as a residence, he or she cannot be evicted without proper notice. Both the landlord and the tenant should be well-versed in the rental laws that regulate their actions. Unfortunately, evicting a tenant can take more than a month even if rent has not been paid. If a tenant does not evacuate the premises upon request, the landlord must file for eviction at the local courthouse.
Things You'll Need
- Failure to pay rent form DC/CV 82
- Petition for Warrant of Restitution DC/CV 81
- Complaint and Summons Against Tenant Holding Over Form DC/CV 80
Provide your tenant with a notice of a termination of use of the rental property. In Maryland the renter must provide the tenant with appropriate time to evacuate the premises. In most counties a 30-day notice is sufficient, but some districts require 60 days notice.
Refuse to accept the tenant's rent after the date in which they were notified to evacuate the premises. A non-lease tenant can only be officially evacuated for failure to pay rent or refusing to leave the premises after receiving proper notice.
File court papers at the Maryland district court where the rental property is located. File a Failure to Pay Rent form DC/CV 82 for a tenant who has not paid rent and has been provided with proper notice to evacuate the premises. File a Complaint and Summons Against Tenant Holding Over form DC/CV 80 for a tenant who refuses to evacuate the premises after proper notice for evacuation.
Attend court on the date of your hearing. Landlords who fail to appear at their court hearing may lose their right to evict the tenant.
File a Petition for Warrant of Restitution form DC/CV 81 four business days after the district court has made a judgment in the landlord's favor.
Serve a notice of eviction. A sheriff must serve notice either by mail or in person. Note that personal service is required if the landlord has requested financial restitution for rent and legal fees, but personal service also requires a fee.
Evict the tenant within 60 days of the district court's judgment. Note that a sheriff must be present during the eviction and evictions may not occur on Sundays or during holidays.
- Maryland State Bar Association: Publications: Rights of Landlords and Tenants
- Maryland Attorney General's Office: Consumer Protection Division: Landlords and Tenants Tips on Avoiding Disputes
- District Court of Maryland: Landlord -Tenant Issues: How to Evict a Tenant
- District Court of Maryland: Forms: Civil: Failure to Pay Rent Fact Sheet
- District Court of Maryland: Forms: Civil: Failure to Pay Rent
- District Court of Maryland: Forms: Civil: Petition for Warrant of Restitution
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