Posted in Blog  
  on May 13, 2015

What is the Eviction Process in Maryland

In Maryland, landlords are not allowed to file for an eviction notice just because complaints or lawsuits have been filed against them. Tenants are even allowed to join a tenant association without penalty. What landlords can do, however, is begin the eviction process in Maryland for three specific reasons.

1. Non-Payment Of Rent.

Landlords are able to start the eviction process the day after rent is due, but remains unpaid. Even if a tenant has lost a court case and the Sheriff is on their way to evict them, if they pay the rent, late fees, and court costs that are due, the eviction order will be rescinded.

2. Holding Over Periods.

Landlords are able to evict tenants that are not on a valid lease. The terms of the previous leasing arrangement will still be enforceable, but a 30 day notice can be given to evict tenants who haven't signed an extension or new lease. The problem here is that if a landlord accepts rent for May, a 30 day notice isn't valid until June 1. Accepting June rent on May 29 would invalidate the 30 day notice.

3. A Breach Of Contract.

Landlords are able to evict tenants in Maryland for specific breaches of contract. This includes having too many people in the home, conducting illegal business out of the home, and other health or safety violations. This is a 30 day notice and landlords must be able to prove a serious violation. If the eviction proceedings reach a court hearing and the landlord wins, then a warrant of restitution can be requested by the landlord within 5 business days of the ruling. Tenants may appeal an eviction ruling, but it must occur within 4 days of the judgment day for non-payment of rent. Tenants have 10 days to appeal a breach of contract case.

A Sheriff's deputy is the only one allowed to enforce a warrant of restitution. The law enforcement officials will arrive on the property on the date of the eviction to order everyone out of the home. Landlords, their agents, or hired vendors will then be allowed to move all property from the building and place it on the public right of way. Once this placement occurs, the landlord is not responsible for the condition of the property. Tenants that receive an eviction which would leave them homeless may be eligible for certain housing assistance benefits or rights. In general, however, landlords have a very smooth process to follow for a Maryland eviction that eliminates any uncertainty from the equation.


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