Maryland landlords must understand and abide by the state’s eviction process and laws when seeking to remove a tenant from a rental property. Tenants should familiarize themselves with regulations, too, as a tenant’s rights under Maryland landlord-tenant law are set in statute.
This guide outlines the grounds for eviction, the process steps, expected timelines and costs, and other vital information to help you navigate each step.
What is an eviction in the state of Maryland?
An eviction in Maryland occurs when a landlord initiates legal proceedings to remove a tenant from a rental property. Landlords often initiate eviction proceedings for unpaid rent, repeated lease violations, illegal activity, health and safety violations, and other evictable offenses. The entire process follows specific protocols from notice through court action.
You can find Maryland’s eviction laws, also known as the Landlord and Tenant Statutes, in Maryland Code, Real Property Title 8.
Common Reasons for Eviction in Maryland
Maryland law sets out clear circumstances under which landlords may seek to remove a tenant from their rental property, which include:
Failure to Pay Rent
Maryland does not set a grace period for late rent, so landlords may treat rent as late the day after it is due. However, late rent is curable; the tenant can prevent an eviction by paying all outstanding amounts by a specified deadline. Keep in mind that Maryland does not require a landlord to issue a Notice to Pay or Quit for unpaid rent. Landlords may file a Failure to Pay Rent Complaint directly in court, which then gives the tenant a final deadline to settle their balance before an eviction hearing can take place.
Supporting law: Md. Code, Real Prop. § 8-401
Breach of the Lease Agreement
When a landlord and tenant sign a Maryland lease agreement, both parties commit to its terms. If a tenant breaks those terms, the landlord can initiate the eviction process.
Some examples of lease breaches include:
- Housing 17 unapproved parakeets in a rental despite an explicit no pets clause.
- Installing a makeshift basement bedroom in a Prince George’s County home without the landlord’s permission.
- Running a professional catering operation out of a rental unit that prohibits business use.
Maryland law categorizes certain minor lease breaches as curable. In these instances, the landlord should serve the tenant a 30-Day Notice to Correct or Vacate. More serious lease violations, however, qualify as noncurable. In such cases, the landlord can serve the tenant with a 14-Day Notice to Vacate to initiate the eviction process.
Supporting law: Md. Code, Real Prop. § 8-402
Illegal Activity on the Premises
When a tenant commits an illegal act in a rental unit that endangers persons or property, the landlord may begin eviction proceedings. Maryland treats most illegal activity as incurable, although a landlord may view limited, lower-level issues as curable and elect to issue a 30 Day Notice to Correct or Vacate. The landlord may choose the notice they believe best reflects the severity of the situation.
For example, if a tenant is arrested for using a rental unit to run an underground dog-fighting ring, the landlord can treat the issue as incurable and proceed with immediate eviction. But if a tenant sets off a small illegal firework in the driveway and gets a ticket, the landlord may choose to offer leniency and serve a 30 Day Notice to Correct or Vacate.
Supporting law: Md. Code, Real Prop. § 8-402
Damage to the Rental Property
Maryland law allows landlords to initiate an eviction when a tenant has caused damage that constitutes a breach of the lease agreement.
When a tenant has caused blatant or repeated damage, the landlord should take clear photos, keep written notes, gather repair estimates, and solicit statements from maintenance professionals to document the extent of the harm. The severity of the damage will ultimately determine whether the issue is curable or incurable. As such, the landlord should choose the notice that fits the situation.
Supporting law: Md. Code, Real Prop. § 8-402
Health & Safety Violations
Maryland law states that a landlord may regain possession when a tenant has “breached the lease,” and creating unsafe or unhealthy conditions can meet this standard. A tenant who ignores these obligations risks eviction should serious issues arise.
A few examples of health and safety violations in Maryland include:
- Allowing mold to spread in a rental’s basement by blocking airflow.
- Disabling or tampering with smoke detectors or carbon monoxide alarms inside the rental unit.
- Blocking emergency exits, stairwells, or fire escapes with personal belongings or furniture.
Maryland requires every landlord to uphold the state’s implied warranty of habitability. Tenants, too, share responsibility for maintaining safe and sanitary living conditions in their rental units. Significant violations may warrant eviction proceedings.
Supporting law: Md. Code, Real Prop. § 8-402
Tenant is in a Month-to-Month Rental Contract
A landlord does not need to state a reason to end a Maryland month-to-month lease agreement. If a landlord elects to terminate a month-to-month lease, they must serve the tenant with a written termination notice and provide at least 60 days’ notice before the end of the rental period. If the tenant stays past the deadline, the landlord may then file a Tenant Holding Over action to regain possession.
The landlord should calculate the end date carefully and ensure they have proof of notice to the tenant. Accurate notice and solid documentation will help the landlord enforce the termination in court, if needed.
Supporting law: Md. Code, Real Prop. § 8-402
The Complete Eviction Process in Maryland
An eviction in Maryland begins when a landlord serves the required notice. The process will then move through court filings and hearings, and end when law enforcement conducts the tenant’s physical removal.
Here are the steps landlords must follow to pursue eviction, in order:
1. Landlord Issues Notice to the Tenant
When a tenant has taken an action that warrants eviction, their landlord can then issue a notice that matches the action. In certain minor instances, the landlord may allow the tenant to correct the problem and issue a notice that provides time to cure the violation.
In more serious situations, landlords are not required to offer a cure period and may issue a notice requiring the tenant to vacate by a set deadline. The appropriate notice depends on Maryland law, and landlords should review those rules carefully to avoid serving the wrong document.
Notice Forms & Timelines
- Failure to Pay Rent Complaint: Landlords file this court complaint when a tenant fails to pay rent on time, as Maryland does not require landlords to issue notice to the tenant first.
- 30-Day Notice to Correct or Vacate: Landlords use this notice when a tenant has committed a curable lease violation and opts to give the tenant time to correct the violation.
- 14-Day Notice to Vacate: Landlords issue this notice when a tenant commits a serious, non-curable violation that threatens people or property. After receiving this notice, the tenant must leave by the deadline listed in the notice.
- 60-Day Notice to Terminate Month-to-Month Tenancy: Landlords use this notice to terminate a month-to-month rental contract without providing a specific reason.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402.1
2. Landlord Files an Eviction Lawsuit With the Courts
If a tenant fails to cure a violation or remains in the unit past the move-out deadline, the landlord must then file the correct Maryland eviction complaint with the District Court where the property is located. Depending on the situation, the landlord may file a Failure to Pay Rent Complaint, a Tenant Holding Over Complaint, or a Breach of Lease Complaint.
Maryland filing fees typically range from $15 to $55, depending on the case type and county (with Failure to Pay Rent cases at the lower end of that range). After the landlord submits the appropriate paperwork, the court clerk will set a hearing date, which often takes place within 5 to 10 days for nonpayment cases and within a few weeks for other filings.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402, § 8-402.1
3. Court Summons Paperwork Served to Tenant
Once the court sets a hearing date, the landlord must arrange for a sheriff, constable, or another Maryland-authorized server to deliver the Summons and Complaint to the tenant. The process server must then complete a Certificate of Service and file it with the court clerk. If the court does not receive proper proof of service, the judge may dismiss the case, and the landlord will need to restart the entire process from square one.
After the tenant receives the Summons and Complaint, they typically do not need to complete any additional forms. They must, however, appear in court on the scheduled date, as failure to appear can result in a default judgment against them.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402, § 8-402.1
4. Tenant and Landlord Attend an Eviction Hearing
On the court date, the landlord and tenant (along with any legal counsel) must appear before the judge for a hearing. Each party will then explain the situation from their point of view and present evidence (photos, payment records, repair estimates, written communications, witness statements, etc.) to support their position.
If needed, the judge may request additional documents, clarification, or witness testimony to understand the evidence fully. After both parties have presented their information, the judge will review the case and consider all relevant details before ruling.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402, § 8-402.1
5. Judge Reaches a Ruling
After reviewing all testimony, evidence, and documents, the judge will issue a ruling based on Maryland law. Most judges deliver their decisions during the hearing, although some may take extra time to gather additional evidence needed to make a fair ruling.
If the judge rules in favor of the tenant, the tenant may continue living in the rental unit under the terms of the current lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, which grants the landlord the legal right to repossess the property and proceed to the next stage of the eviction case.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402, § 8-402.1
6. Landlord Obtains a Writ of Restitution Authorizing Removal of Tenant
Once the judge issues the landlord a Judgment for Possession, the landlord can request a Writ of Restitution from the District Court. This document authorizes the sheriff or constable to remove the tenant from the rental property if the tenant refuses to leave voluntarily.
After receiving the Writ of Restitution, the landlord must coordinate with the local sheriff’s office to schedule the eviction.
Supporting law: Md. Code, Real Prop. § 8-401, § 8-402, § 8-402.1
7. Law Enforcement Removes Tenant from Rental Property
If the writ’s deadline passes and the tenant still has not vacated, the sheriff or a constable (and nobody else) can carry out the eviction. Throughout the process, the landlord must avoid any form of self-help eviction, which includes changing locks, shutting off utilities, or removing the tenant’s belongings without legal authority.
Maryland does not have a statewide statute that explains how landlords must handle a former tenant’s belongings left behind after an eviction. Since no timelines or procedures apply, the landlord may decide how to manage abandoned items once law enforcement returns possession of the property.
Supporting law: Md. Code, Real Prop. § 8-402
Typical Eviction Timelines in Maryland
An eviction in Maryland, from the landlord’s first notice to the tenant’s physical removal, often takes several weeks. The exact timing varies based on the type of case, the court’s schedule, and the pace of each party’s responses.
Here are the typical eviction timelines in Maryland:
| Stage | Typical timeframe | Supporting law |
| Failure to Pay Rent Complaint | Timelines vary, complaint to be filed directly with the courts | Md. Code, Real Prop. § 8-401 |
| Notice to Correct or Vacate (Curable Issue) | 30 days (unless the violation endangers life, health, or safety) | Md. Code, Real Prop. § 8-402.1 |
| Notice to Vacate (Incurable Issue) | 14 days for behavior that creates serious and imminent danger | Md. Code, Real Prop. § 8-402.1 |
| Tenant response deadline | On or before the hearing date, which courts usually set within 10 days of filing | Md. Code, Real Prop. § 8-401 |
| Hearing scheduling | Courts typically schedule the hearing within 10 days after the summons is issued | Md. Code, Real Prop. § 8-401 |
| Writ enforcement | At least 4 days after judgment, the sheriff must give notice of the eviction date | Md. Code, Real Prop. § 8-402 |
Landlord Retaliation & Harassment During Eviction
Maryland law bars landlords from retaliating against or harassing tenants at any point during a lease, including during the eviction process. A landlord who does so risks legal claims, financial penalties, and court orders that limit further action.
Examples of landlord retaliation include:
- Raising rent after a tenant files a housing complaint.
- Threatening eviction after a tenant joins a tenant group.
- Reducing services after a tenant reports needed repairs.
Examples of landlord harassment include:
- Entering the rental unit without proper notice.
- Interrupting utilities without a valid reason.
- Sending messages intended to pressure a tenant to move.
Maryland tenants who experience retaliation or harassment should document every incident, save copies of communications, and seek legal support if needed.
Supporting law: Md. Code, Real Prop. § 8-208.1
Tips for Tenants Attempting to Avoid Eviction
Facing eviction can be incredibly stressful, but tenants in Maryland have practical ways to protect their housing. The advice listed below can help tenants in need avoid potential eviction:
Develop a solid relationship with your landlord: Strong communication helps tenants work with landlords to resolve issues that might otherwise lead to eviction.
Know tenant rights and responsibilities: Tenants who understand Maryland landlord-tenant laws are better positioned to avoid eviction. Reviewing these laws before and after signing a lease can only work in your favor.
Address mistakes quickly: Missed payments or overlooked responsibilities happen. Tenants who act quickly to explain what went wrong and offer reasonable solutions can prevent a sensitive situation from careening towards eviction.
Negotiate an alternative solution (when possible): Many landlords appreciate effort and honesty. Tenants who suggest payment plans, adjustable move-out dates, and workable timelines often stay in their landlord’s good graces.
Seek legal help when appropriate: When tenants facing eviction feel overwhelmed, seeking legal guidance can help ease their anxiety. Finding qualified support can also bring landlords to the negotiating table. For affordable or free legal support, tenants should visit the Maryland Legal Aid website.
Tips for Landlords Seeking to Evict Tenants
Eviction can be a challenging process, and Maryland landlords must ensure they comply carefully with state law from start to finish. The following tips can help landlords protect their rights and stay dialed in at every step.
Never attempt self-help eviction: As tempting as it may be to take matters into their own hands, landlords must let the legal process guide each step. Changing locks, shutting off utilities, or removing belongings without a court order is illegal.
Know your Maryland landlord-tenant laws: Landlords who understand the landlord-tenant laws in Maryland Code, Real Property Title 8, are more likely to evict lease-breaking tenants successfully and thrust them into desperate lives of unrelenting homelessness.
Consider a cash-for-keys settlement: Offering a reasonable lump-sum payment to a tenant in exchange for mutual termination of the lease can help both parties resolve a problematic situation without going to court.
Serve the proper notice: Landlords must match the appropriate notice to the tenant’s violation and follow the required eviction timelines. Failure to do so could result in a botched court case or legal action from the tenant.
Screen future tenants thoroughly: Thoughtful tenant screening to review rental, credit, criminal, and eviction history can help landlords select future renters who will pay on time and adhere to the terms of their lease.
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