🏛️ Courthouse Information and Locations for Maryland
Maryland Eviction Laws: Notice Requirements, Process, and Timelines
Maryland handles evictions through District Court using a Failure to Pay Rent (FTPR) process for nonpayment cases and a Tenant Holding Over (THO) process for lease violations and end-of-lease situations. Maryland has undergone significant tenant protection reforms in recent years, including mandatory pre-filing notices and right-to-counsel programs in some jurisdictions. Baltimore City has particularly strong local tenant protections. Below you’ll find the key details every Maryland landlord needs to know.
Maryland Eviction Laws
Comprehensive guide to Maryland's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court of Maryland.
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: Landlord must have current rental license (most counties/Baltimore City) and lead paint registration (pre-1978 properties) to file. 10-day written notice required before filing - must use official form DC-CV-115. After judgment, tenant has 7 business days to pay before warrant issues. Right of redemption allows tenant to pay ALL amounts due before sheriff executes eviction - but lost after 3 judgments in 12 months (4 in Baltimore City). Renters' Rights and Stabilization Act (2024) expanded protections.
📋 Lease Violation
Landlord must give 30-day written notice specifying the lease violation before filing Breach of Lease action in District Court. Lease must contain clause allowing eviction for breach. Separate process from Failure to Pay Rent. Appeal window is 10 days (not 4). Tenant Holding Over is separate action for tenants staying after lease expiration (60-day notice for month-to-month).
📬 Service of Process
Summons served by sheriff via first-class mail + attempted personal service. If tenant unavailable, posted on door. Landlord can charge up to $5 for notice cost.
🏛️ Court & Legal Information
Baltimore City and Prince George's County have significant backlogs. ACE program (right to counsel) adds time as tenants get legal representation. Extreme weather postponements available. Redemption rights frequently reset timeline.
⚖️ Appeals & Post-Judgment
Sheriff/constable executes warrant of restitution. Landlord must send required eviction notice with specific language before execution. Postponed during extreme weather. Only sheriff can execute.
📦 Tenant Property & Abandonment
Property left behind after eviction is considered abandoned. Local laws and practices vary. Landlord places belongings in public right-of-way (Montgomery County) or per local rules. No specific statewide statute on storage period.
🏦 Security Deposits
Max 2 months rent (Renters' Rights Act may reduce to 1 month for some cases). Must be held in escrow account at federally insured institution within 30 days. Return within 45 days with itemized deductions. 3% interest if held 6+ months. Penalty: up to 3x deposit plus attorney fees for violation. Receipt required at collection.
💵 Late Fees
Late fees capped at 5% of monthly rent. Rent not considered late until 10+ days past due for purposes of filing eviction. Weekly rent: max $3/week or $12/month.
🛡️ Tenant Protections
No statewide rent control. Montgomery County has voluntary rent guidelines. Takoma Park has rent stabilization. Baltimore City considering rent stabilization measures. Some municipalities have tenant protection ordinances.
🏙️ Local Overrides & City-Specific Rules
Baltimore City: 4 judgments (not 3) before losing redemption right; additional licensing requirements. Montgomery County: Office of Landlord-Tenant Affairs provides mediation; rental license required. Takoma Park: rent stabilization. Most counties require rental license.
Underground Landlord📝 Maryland Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the District Court of Maryland. Pay the filing fee (~$15-46).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Maryland
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Maryland Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Local court rules, county procedures, and specific facts can affect outcomes. Consult a qualified Maryland attorney for legal advice on your specific situation.
Overview: How Evictions Work in Maryland
Maryland eviction cases are formally known as actions for possession and are governed by state statute and District Court procedures. Maryland has multiple eviction pathways depending on the reason for eviction, and choosing the wrong one is a common landlord mistake that leads to dismissals and delays.
The main eviction types in Maryland are:
- Failure to Pay Rent (FTPR): For nonpayment cases
- Tenant Holding Over (THO): For tenants staying past lease term or after proper termination
- Breach of Lease: For substantial lease violations
Maryland strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or remove tenant belongings. Only the sheriff can remove a tenant after a warrant of restitution is issued.
Critical Maryland Concept: Right of Redemption
One of the most important features of Maryland eviction law is the tenant’s statutory right of redemption. In Failure to Pay Rent cases, tenants can stop the eviction by paying all rent owed plus court costs at any time before the actual eviction occurs—even after judgment. This right exists regardless of how many times the tenant has exercised it before.
This means landlords may win in court but still not regain possession if the tenant pays before the sheriff arrives. Plan accordingly.
Failure to Pay Rent (The Most Common Path)
Maryland does not require a formal pre-filing notice for nonpayment of rent unless the lease specifically requires it. Once rent is late, the landlord may file a Failure to Pay Rent action in District Court.
However, landlords must:
- Accurately calculate rent and any allowable late fees
- Credit all payments properly
- Avoid including non-rent charges (utilities, damages) unless the lease specifically allows and the charges qualify
Filing errors on the amount claimed are a common reason for case problems. Keep meticulous rent ledgers.
Tenant Holding Over (THO)
For tenants staying past the lease term or after proper termination notice, landlords file a Tenant Holding Over action. Notice requirements depend on the type of tenancy:
- Month-to-month tenancy (less than 1 year): Generally 30 days’ written notice
- Month-to-month tenancy (1 year or more): Generally 60 days’ written notice
- Year-to-year tenancy: Longer statutory notice required
- Fixed-term lease: No notice required if lease simply expires; tenant must vacate by end date
Improper termination notice is a frequent reason holdover cases fail. The notice must be properly calculated and served.
Breach of Lease / Nuisance Cases
Maryland allows eviction for substantial lease violations, including nuisance behavior, illegal activity, or other material breaches. Some serious breaches allow for shorter notice periods, but courts apply these strictly and require clear proof of the violation.
Documentation is especially important in breach cases—photos, written warnings, police reports, and witness statements may all be relevant.
Maryland Eviction Process Timeline (Step by Step)
Step 1 – Determine the correct eviction type. Using the wrong pathway (FTPR vs. THO vs. Breach) will result in dismissal. Make sure you’re filing the right case.
Step 2 – Serve any required notice. For FTPR, no pre-filing notice is required unless the lease mandates one. For THO, serve proper termination notice and wait for the period to expire. For breach cases, follow applicable notice requirements.
Step 3 – File in District Court. File the appropriate action in District Court where the property is located. Pay the filing fee and submit required documentation.
Step 4 – Court scheduling and service. The court schedules a hearing and the tenant is served with a summons. Both parties appear before a judge on the scheduled date.
Step 5 – Court hearing. Bring organized documentation:
- Lease agreement
- Rent ledger showing all payments, credits, and amounts owed
- Any notices served and proof of service
- Communications with tenant
- Photos or evidence of violations (for breach cases)
Step 6 – Judgment. If the landlord proves their case, the court issues a judgment for possession.
Step 7 – Warrant of Restitution. The landlord must request a warrant of restitution, which authorizes the sheriff to conduct the eviction. Remember: in FTPR cases, the tenant can still exercise their right of redemption by paying everything owed before the sheriff removes them.
Step 8 – Sheriff enforcement. The sheriff executes the warrant and removes the tenant if they haven’t vacated or redeemed.
Tenant Defenses Landlords Should Anticipate
Common defenses in Maryland eviction cases include:
- Payment disputes: Tenant claims payments were made or amounts are incorrect.
- Improper notice: Notice period was wrong or notice wasn’t properly served (especially in THO cases).
- Wrong eviction type: Landlord filed FTPR when THO was appropriate, or vice versa.
- Retaliation: Eviction appears to be in response to tenant complaints or exercising legal rights.
- Habitability issues: Landlord failed to maintain the property, especially if tenant withheld rent due to conditions.
- Improper charges: Landlord included non-rent charges that shouldn’t be in an FTPR case.
Maryland Eviction Context (Late 2025–January 2026)
Maryland has implemented various tenant protection measures in recent years. Some jurisdictions, including Baltimore City, have right-to-counsel programs that provide free attorneys to qualifying tenants, which can extend case timelines and increase the likelihood of contested hearings.
The tenant’s right of redemption remains a defining feature of Maryland eviction law. Landlords should understand that even a successful court judgment doesn’t guarantee possession—tenants can pay and stay right up until the sheriff arrives.
Court dockets vary significantly by county. Baltimore City and the Washington D.C. suburbs (Montgomery, Prince George’s) tend to have heavier caseloads than rural areas.
Best Practices for Maryland Landlords
- Use the correct eviction type—FTPR for nonpayment, THO for holdovers, breach for lease violations.
- Keep precise, accurate rent ledgers that match your bank deposits.
- In FTPR cases, only include amounts that are properly characterized as rent.
- For holdover cases, calculate and serve proper termination notice before filing.
- Understand the tenant’s right of redemption and plan accordingly—don’t count on possession until you have it.
- Avoid emotional or unprofessional communication—everything may be shown to a judge.
- Never attempt self-help eviction.
- Document everything: lease, ledger, notices, proof of service, photos, communications.
Quick Reference: Maryland Eviction Rules
- Failure to Pay Rent: No pre-filing notice required (unless lease requires)
- Holdover (month-to-month, under 1 year): 30 days’ notice
- Holdover (month-to-month, 1+ year): 60 days’ notice
- Court type: District Court
- Right of redemption: Tenant can pay and stop eviction anytime before sheriff removal
- Enforcement: Warrant of restitution, executed by sheriff
- Self-help evictions: Prohibited
Bottom line: Maryland evictions require choosing the right pathway and understanding the tenant’s right of redemption. Use the correct eviction type, keep precise records, and don’t count on possession until you actually have it.