The eviction notice in Maryland is a letter or a form the tenant receives from the landlord, notifying them about the deadline by which they must leave the leased property. It will also contain the reasons for the eviction and, optionally, the way in which the tenant can remedy the violation and evade the eviction.
An eviction notice must be attached to the complaint form when the landlord files an eviction lawsuit with the Maryland court. The court will also require the landlord to submit proof that the tenant received the eviction notice.
Types of Eviction Notice in Maryland
The landlord can choose multiple types of eviction notices depending on the type of violation the tenant has committed and the type of lease.
Notice to Pay Rent or Quit
The tenant who fails to pay the rent before the due date can get an eviction notice from the landlord, requiring them to pay the rent within ten days or leave the property. If the tenant does neither, the landlord will initiate the eviction process before the court.
Notice for Non-Compliance
In Maryland, the landlord can evict the tenant for violating the lease agreement or the landlord-tenant law. The landlord is not required to give the tenant an option to remedy the violation and stop the eviction.
For minor violations, the landlord must give the tenant at least 30 days advance notice.
Minor violations often include:
Minor Violations
Violation of the pet policy
Not maintaining the property
Parking in an unauthorized spot
For major violations, the landlord must notify the tenant at least 14 days in advance.
Major violations include:
Major Violations
Using the rental property for illegal activities
Causing harm to other residents
Damaging the rental property
Notice for Month-to-Month Lease Termination
If the tenant remains at the rental unit after the lease term is over (holdover tenancy) or if there is no lease term (week-to-week or month-to-month tenancy), the landlord can terminate the lease agreement without providing the specific reason for the eviction.
However, the landlord must notify the tenant about the eviction in advance. For the month-to-month lease, the landlord must notify the tenant at least 30 days before the eviction.
Eviction Laws and Requirements in Maryland
Laws & Requirements
When is Rent Late in Maryland?
In Maryland, the rent is considered late right after the due date specified in the lease agreement. If there is no due date set in the lease agreement, it is the beginning of each pay period (first of the week or first of the month).
In practice, if the rent is due on the first of the month, it is considered late on the second day of the month.
The Maryland Statute doesn’t provide a grace period for the rent payment. There are also no exceptions for weekends or public holidays.
Grounds for Eviction in Maryland
The landlord can initiate the eviction procedure in Maryland for the following reasons:
Grounds for Eviction
When the tenant fails to pay the rent
If the tenant violates the lease agreement or the landlord-tenant law:
By using the property for illegal activities
By destroying the property
By violating the smoking, pet, and other policies
In case the landlord wants to terminate the periodic lease (week-to-week or month-to-month) or holdover tenancy
Eviction Process in Maryland
The eviction process in Maryland starts from the moment the landlord issues an eviction notice and can take anywhere from 3 weeks to 5 months, depending on the type of lease and reasons for the eviction. Below, you can see all the steps of the eviction process in Maryland.
#1. Write a Notice
The landlord first drafts an eviction notice stating the reasons for eviction and giving the tenant a certain deadline to leave the property. The landlord then serves the notice to the tenant in person, via certified mail, or by posting it in a conspicuous place at the property.
If the reason for eviction is rent non-payment, they will have a chance to pay the due rent and stop the lease. For other reasons, there is no option to remedy the violation, and the tenant must leave the property.
#2. File the Complaint
If the tenant doesn’t leave the property before the date provided in the eviction notice, the landlord can file a complaint with the local court and initiate the eviction process.
The complaint must be filed with the appropriate district court according to the location of the property. When filing the complaint, the landlord will also be required to pay a certain filing fee, which ranges between $15 and $56.
#3. Serve the Tenant
A sheriff or constable will serve the complaint and the summons on the tenant. In this way, the tenant will be informed about the eviction process that is initiated against them as well as the date of the court hearing.
#4. Court Holds a Hearing and Issues the Judgment
For rent non-payment, the court must hold the hearing within five days from the moment the landlord files the complaint. For other reasons, the law doesn’t provide a deadline for the court hearing.
If the tenant fails to appear before the court, the court will issue a default judgment in the landlord’s favor. If both parties appear, the court will hold a hearing and make a final judgment.
If the court rules in the landlord's favor, the landlord can request that the court issue the Warrant of Restitution, which authorizes the forceful eviction of the tenant.
Other Eviction-Related Forms in Maryland
Besides the eviction notice, there are other forms the parties use in the eviction process.
Other Eviction-Related Forms
Complaint and Summons for Non-Payment of Rent. The landlord will file these forms in case the tenant fails to pay the rent.
Complaint and Summons against Tenant in Breach of Lease. If the tenant violates the lease agreement, the landlord can use this form to file an eviction lawsuit.
Petition for Warrant of Restitution. The landlord uses this form to request that the court issue a Warrant of Restitution, if the tenant doesn’t leave the property after the judgment.
Eviction Information for Landlords in Maryland
The landlord is not allowed to use any self-help methods to evict the tenant.
The self-help methods include the following:
Eviction Information for Landlords
Shutting off the utilities at the leased unit
Removing the tenant’s belongings from the leased unit
Changing the locks at the leased unit
If the landlord uses any of the above-mentioned methods or in any other way forcefully removes the tenant from the leased unit, they will be obliged to pay damages to the tenant equal to three months' rent plus the additional attorney and court fees.
Eviction Information for Tenants in Maryland
If the tenant receives the eviction notice, they should first make sure the landlord has the appropriate reason for the eviction. Additionally, they should check if the landlord provided the option to remedy the violation and stop the eviction.
The tenant can use the following arguments to fight the eviction:
Eviction Information for Tenants
The landlord used illegal methods of eviction.
The eviction notice didn’t contain the reasons for the eviction.
The landlord hasn’t provided the minimum deadline for vacating the property.
The reason for eviction the landlord provided is not the reason for eviction according to the landlord-tenant law.
How to Write an Eviction Notice in Maryland
Maryland Eviction Notice Checklist
Maryland Eviction Notice FAQ
You can file an eviction notice for the following reasons:
When the tenant fails to pay the rent
If the tenant violates the lease agreement or the landlord-tenant law
In case you want to terminate the periodic lease (week-to-week, month-to-month)
When the lease term ends
The Maryland landlord-tenant law requires the landlord to file an eviction notice with the tenant to initiate the eviction process. If the landlord files the eviction lawsuit with the court without providing proof of delivering the eviction notice to the tenant, the court will dismiss the lawsuit.
The eviction process in Maryland can last between three weeks and five months, depending on the following reasons:
Type of the lease
Reasons for the eviction
Actions of the tenant in the eviction process
No, depending on the reason for the eviction, the landlord must provide at least 14 days' notice before evicting the tenant, while in some cases, that notice must be submitted up to 30 days before the eviction.