Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 10 Days | Yes |
| End of Lease or No Lease | 60 Days | No |
| Lease Violations | 30 Days | Yes |
| Imminent Threat or Serious Harm | 14 Days | No |
In Maryland, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out. [1]
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Maryland the day immediately after its due date. Maryland landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on March 1st, it will be considered late starting on March 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
For nonpayment of rent cases, the tenant can stop the eviction process by paying the rent balance due, including late fees and court costs, to the landlord at the trial or adjournment of the trial in accordance with Maryland law.
In Maryland, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant” ). To do so, the landlord must first terminate the tenancy by giving the tenant 60-day notice to move out. [2]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Maryland, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Maryland landlord-tenant law. To do so, the landlord must first serve the tenant a 30 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out. [3]
Examples of lease violations include:
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Maryland, a landlord can evict a tenant for demonstrating an imminent threat or causing serious harm to other persons or themselves. To do so, the landlord must first serve the tenant a 14 days’ notice to vacate.
The tenant does not have the option to fix the violation and must move out within the 14-day period. [3]
In Maryland, imminent threats or serious harm include:
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Maryland, there are a few different types of evictions that are illegal . If found liable, the landlord could be required to pay the tenant an amount equal to three month’s rent, reasonable attorneys’ fees, and/or court costs. [4]
A landlord is not allowed to attempt to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include: [5] [6]
In Maryland, the eviction process follows the same process:
A landlord can begin the eviction process in Maryland by serving the tenant with written notice. Maryland law for delivering a written eviction notice is only specific on delivery method when it comes to nonpayment of rent. The methods accepted in this context will, however, be legally sufficient for most other evictions: [15]
Electronic notice must provide the landlord with proof of transmission of the notice (e.g. a read receipt on a text message). Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times. [16]
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
In Maryland, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to pay the balance due or vacate the premises.
The tenant can stop the eviction process by paying the rent balance due, including late fees and court costs, to the landlord at the trial or adjournment of the trial in accordance with Maryland law.
For a tenant with no lease or a month-to-month lease in Maryland, the landlord can serve them a 60-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 60 days to move out.
For tenants that don’t pay rent monthly, the amount of notice differs:
Less than 1 Year
In Montgomery County, a landlord can serve the tenant a 30-day Notice To Vacate to terminate a month-to-month lease or a tenancy of less than one (1) year in a single-family dwelling. [7]
In Maryland, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 30-Day Notice To Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
In Maryland, if a tenant demonstrates an imminent threat or causes serious harm to other persons or themselves, the landlord can serve them a 14-Day Notice To Vacate. This eviction notice gives the tenant 14 days to move out without the chance to fix the issue.
As the next step in the eviction process, Maryland landlords must file a complaint in the District Court of the county where the renal unit is located. In the state of Maryland (except the city of Baltimore), this costs $15 in filing fees for nonpayment of rent evictions, and $46 in filing fees for all other evictions.
For rental properties located in the city of Baltimore, filing fees are $25 for nonpayment of rent evictions, and $56 for all other evictions.
The summons and complaint must be served on the tenant by the sheriff or constable prior to the eviction hearing through one of the following methods:
Giving a copy to the tenant is not a requirement unless the landlord is also requesting a monetary judgment against the tenant, such as a past-due rent amount or the amount of costs to repair the rental unit.
The reason for the eviction determines when the eviction hearing will be held.
For nonpayment of rent evictions, the hearing must be held 5 days after the complaint is filed with the court. [8]
For all other types of the evictions, Maryland law doesn’t specify how quickly the hearing must be held after the complaint is filed.
For evictions due to lease violations after the lease or rental agreement term expires, parties may request a 6-10 day continuance, meaning the hearing would be postponed for another 6-10 days. [9] [10]
For nonpayment of rent evictions, the continuance can only be for one day. [8]
The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove the tenant. The landlord must order a warrant of restitution within 60 days from the judgement date. If the landlord does not take action, the writ of restitution could expire and be dismissed.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of restitution.
For nonpayment of rent evictions, the writ of restitution will be issued four days after the judgment in favor of the landlord. [9]
For all other eviction cases, the writ may be issued immediately.
Tenants must be evicted within 60 days of the date the writ of restitution is issued for all evictions other than nonpayment of rent.
A sheriff or constable could remove the tenant one day after the writ is issued; it all depends on how many other evictions are already scheduled and whether the next available date is a Sunday or a holiday. (Tenants cannot be evicted on Sundays or holidays.)
For nonpayment of rent evictions, tenants may be granted a 15 day stay of execution if a judicial officer finds that moving out immediately would endanger the life or health of the tenant or anyone else living in the rental unit. [10]
In Maryland, an eviction can be completed in 3 weeks to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Maryland eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-90 Calendar Days |
| Court Issuing Summons | ~3 Business Days |
| Court Serving Summons | ~5-10 Business Days |
| Tenant Response Period | 4-10 Business Days |
| Court Ruling | 1-10 Business Days |
| Court Serving Writ of Restitution | 1-60 Business Days |
| Final Notice Period | 1-15 Days |
The total cost of an eviction in Maryland for all filing, court, and service fees varies heavily depending on the type of eviction. For nonpayment eviction cases filed in District Court, the average cost is $70. For all other types of eviction cases filed in District Court, the average cost is $101.
| Fee | District |
| Initial Court Filing | $15+ |
| Summons Service | $5+ |
| Warrant of Restitution Issuance | ~$10 |
| Warrant of Restitution Service | $40 |
| Notice of Appeal Filing (Optional) | $175+ |
| Document Copies (Optional) | $0.50/ea |
Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant.
(b)(3)(i) …In case of tenancies from year to year…notice in writing shall be given three months before the expiration of the current year of the tenancy…and in monthly or weekly tenancies, a notice in writing of one month or one week, as the case may be, shall be so given.
(a)(1)(i) 2. A. The landlord has given the tenant 30 days’ written notice…or B. The breach of the lease involves behavior by a tenant…doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property and the landlord has given the tenant or person in possession 14 days’ written notice…
(c) (1) If in any proceeding the court finds in favor of the tenant because the landlord engaged in a retaliatory action, the court may enter judgment against the landlord for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney fees, and court costs.
(2) (i) Because the tenant or the tenant’s agent has provided written or actual notice of a good faith complaint about an alleged violation of the lease, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to. landlord; or…Any public agency against the landlord…
(ii) Because the tenant or the tenant’s agent has: 1. Filed a lawsuit against the landlord; or 2. Testified or participated in a lawsuit involving the landlord; or
(iii) Because the tenant has participated in any tenants’ organization.
…may not evict or take any other retaliatory action against a tenant primarily as a result of the tenant providing information to the landlord under Title 6, Subtitle 8 of the Environment Article….
(b)(3)(ii) This paragraph…does not apply in Baltimore City. (iii) In Montgomery County, except in the case of single family dwellings, the notice by the landlord shall be two months in the case of residential tenancies with a term of at least month to month but less than from year to year.
(b)(3) …ordering the constable or sheriff to notify the tenant…by first-class mail: (i) To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and (ii) To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.
(a)(3) If either of the parties fails to appear before the court on the day stated in the summons, the court may continue the case for not less than six nor more than 10 days and notify the parties of the continuance.
(b)(1)(iii) Upon the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than six nor more than ten days after the day first stated and notify the parties of the continuance.
(c)(1) …the court may adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the trial may be adjourned for a longer period of time.
(d)(1)(i) …the court shall, at any time after the expiration of the 4 days, issue its warrant, directed to any official of the county entitled to serve process, ordering the official to cause the landlord to have again and repossess the property by putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s benefit) in possession…
(c)(4) The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 4-day period would endanger the health or life of the tenant or any other occupant of the premises, extend the time for surrender of the premises as justice may require but not more than 15 days after the trial.
However, if the tenant, or someone for the tenant, at the trial, or adjournment of the trial, tenders to the landlord the rent and late fees determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the tenant shall be entered as being satisfied.
(1) Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant. (2) The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is:
(i) Sent by first-class mail, certificate of mailing; (ii) Affixed to the door of the premises; or (iii) If elected by the tenant, sent by electronic delivery in at least one of the following forms:
1. An e-mail message; 2. A text message; or 3. Through an electronic tenant portal.
Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, three days shall be added to the prescribed period.
Can a landlord evict you immediately in Maryland? Can a landlord evict you immediately in Maryland?No, a landlord cannot evict you immediately in Maryland, and must obtain a court order before evicting you. However, landlords aren’t required to provide written notice before filing the eviction case with the court if you are being evicted for nonpayment of rent. Read more » Can you evict a tenant without a lease in Maryland? Can you evict a tenant without a lease in Maryland?Yes, you can evict a tenant without a lease in Maryland, but you may be required to give them at least 7 days’ notice prior to filing an eviction action, depending on where the rental unit is located and the reason for the eviction. Read more » Can you kick someone out of your house in Maryland? Can you kick someone out of your house in Maryland?Yes, you can kick someone out of your house in Maryland, but you will be required to file a wrongful detainer case with the court, even if the person has never paid rent and did not have your permission to live in the home. Read more » Can a landlord evict someone for no reason in Maryland? Can a landlord evict someone for no reason in Maryland?If a written lease has expired, then a landlord does not need an additional reason to evict a tenant in Maryland. A landlord may evict tenants without written leases for no reason, but they must provide at least 7 days’ notice, depending on where the rental unit is located. Read more »
