To evict a family member in Maryland, you have to go through the District Court. Changing the locks, moving their things to the curb, or shutting off the utilities is illegal, no matter whose name is on the deed. The legal path depends on whether the person pays you anything to live there: a paying family member is treated as a tenant, and a non-paying one is treated as a guest. Either way, the case ends with a sheriff carrying out the removal.
Do Not Try to Handle It Yourself
Maryland law bars property owners from taking possession by locking out an occupant, removing belongings, or cutting off heat, water, electricity, or gas. The only lawful ways to regain the property are a warrant of restitution executed by a sheriff, or the person voluntarily abandoning it.1Maryland General Assembly. Maryland Code Real Property 8-216
If a court finds you illegally locked out a family member, they can recover the greater of three times their actual damages or three months’ rent, plus attorney’s fees and costs.1Maryland General Assembly. Maryland Code Real Property 8-216 That penalty applies even if the family member has been freeloading for years. Skipping the court process almost always costs more than following it.
First, Figure Out If They Are a Tenant or a Guest
This is the question everything else turns on. It decides which notice you send, which form you file, and which legal standard the judge applies.
Your family member is a tenant if they pay rent under any kind of agreement, written or verbal. A signed lease is not required. If your cousin gives you $500 a month for the spare room and you both understand it is for housing, that is a tenancy. Be careful here: regular contributions toward groceries, utilities, or other household costs can sometimes be interpreted as rent, which pulls the person into tenant protections.
Your family member is a guest, sometimes called a licensee, if they live in your home with permission but pay nothing. This is the more common family situation. Guests have fewer legal protections than tenants, and the removal process is somewhat simpler.
Before you file anything, look honestly at whether money has ever changed hands. If you call someone a guest but they can produce bank transfers, Venmo history, or texts about monthly payments, a judge may treat them as a tenant, and a case filed on the wrong form will be dismissed.
Send Written Notice
Whether the person is a tenant or a guest, the first formal step is a written notice to leave.
Notice for a Tenant
A month-to-month tenant is entitled to at least 60 days’ written notice before you terminate the tenancy.2Maryland Department of Housing and Community Development. Maryland Tenants Bill of Rights The notice must state clearly that the tenancy is ending and give a specific move-out date at least 60 days out. Baltimore City has its own notice rules, so check local requirements if the property is there.
If there is a written lease with a fixed end date, you generally do not need a separate termination notice. Once the lease expires and the family member stays, they are a holdover tenant and you can proceed to court.
Notice for a Guest
Maryland does not require a specific waiting period before filing against a guest. There is no equivalent to the 60-day rule. Even so, put the request in writing before going to court. A short letter that revokes permission to remain, sets a specific date to leave, and goes out by certified mail creates the paper trail the judge will want to see. A reasonable window such as 30 days shows the court you tried to resolve the situation without litigation.
File the Right Form in District Court
If the family member does not leave after proper notice, you file a complaint with the Maryland District Court in the county where the property sits. Which form you use depends entirely on their status.
Wrongful Detainer for a Guest
To remove a guest who refuses to leave, file a Complaint for Wrongful Detainer, Form DC-CV-089.3Maryland Courts. DC-CV-089 Complaint for Wrongful Detainer Wrongful detainer means someone is holding possession of property they have no legal right to occupy.4Maryland General Assembly. Maryland Code Real Property 14-132
The form asks for your name, the family member’s name, and the property address. You must confirm the person has not been granted possession by a court order and that no landlord-tenant remedy applies. You also have to show your own legal interest in the property, so bring your deed or mortgage documents.4Maryland General Assembly. Maryland Code Real Property 14-132 If you want damages for the wrongful occupation, ask for them in the complaint; you can also request attorney’s fees and court costs.
Tenant Holding Over for a Tenant
If your family member is a tenant who stayed past a lease end date or past the termination date in your 60-day notice, file a Complaint and Summons Against Tenant Holding Over, Form DC-CV-080.5Maryland Courts. Housing Cases This action lets you seek both possession and money for the period they stayed without authorization.
Filing fees run $56 in most counties, or $66 in Baltimore City for a tenant holding over case. Wrongful detainer is $56 statewide.6Maryland Courts. DCA-109 District Court of Maryland Cost Schedule
How the Papers Reach Your Family Member
After you file, the clerk issues a summons for a hearing. Your family member has to receive it through a legally recognized method, and you cannot deliver it yourself.
Maryland District Court allows three service methods: certified mail, delivery by the county sheriff or constable, or delivery by a private process server, meaning any uninvolved adult over 18.7Maryland Courts. Service of Process in the District Court Sheriff service and private process allow the papers to be left with another adult living at the same address if the defendant is not home.
Wrongful detainer has stricter rules. The court orders personal service, which must happen within four business days of filing. If the sheriff cannot find your family member after two good-faith attempts on different days, the court allows a backup: mailing copies by both certified and first-class mail plus posting the summons visibly on the property.3Maryland Courts. DC-CV-089 Complaint for Wrongful Detainer
What Happens at the Hearing
The District Court sets a hearing where both sides tell their story. Bring the deed showing your ownership, a copy of the notice you sent, and proof of delivery. If you have texts or emails in which the family member agreed to a move-out date or acknowledged they had no lease, bring those too.
Your family member can raise defenses. They might argue they are actually a tenant and you filed the wrong action, that your notice was defective, or that some other legal ground allows them to stay. The judge weighs the evidence and rules.
If your family member does not appear in a wrongful detainer case, the court enters a default judgment against them.4Maryland General Assembly. Maryland Code Real Property 14-132 A ruling in your favor produces a judgment for restitution of possession.
The Warrant of Restitution and the Sheriff
Winning does not mean your family member leaves that day. You still have to file a Petition for Warrant of Restitution, Form DC-CV-081.5Maryland Courts. Housing Cases Once the court grants it, the warrant authorizes the sheriff to physically remove the person.
Do not sit on a warrant once you have it. In failure-to-pay-rent cases the warrant expires 60 days from the date the judge signs it.8Maryland Courts. Petition for Warrant of Restitution DC-CV-081 Get it to the sheriff’s office promptly either way.
The sheriff schedules the eviction on a first-come, first-served basis. Depending on the county’s backlog, expect several weeks between filing the warrant and the move-out date. A sheriff or constable must be present when the removal happens. You cannot carry it out yourself even with a warrant in hand.
What Happens to Their Belongings
The rules here vary by location and are in transition.
In most Maryland counties, once the sheriff executes the warrant, the evicted person’s belongings are placed outside the property, often on the curb. The law does not currently require you to store the property or give the former occupant a window to retrieve it.
Baltimore City is different. Property left behind after an eviction is considered abandoned, but you cannot place it on the street or sidewalk under any circumstances. The belongings must go to a licensed landfill or solid waste facility, to a charitable donation, or be disposed of through some other lawful method.
Wherever you are, do not destroy or discard anything before the sheriff executes the warrant. Doing so before you have legal possession back exposes you to the same self-help penalties described earlier.
If There Is Abuse, a Protective Order Is Much Faster
If the family member you need to remove has been physically abusive, threatening, or engaging in other conduct that qualifies as domestic abuse, the standard eviction process is not your only option. Maryland’s protective order system can get someone out of your home in one to two days.
You file a Petition for Protection from Domestic Violence, Form CC-DC-DV-001, with the District Court.9Maryland Courts. CC-DC-DV-001 Petition for Protection from Domestic Violence Protective orders are available against people related to you by blood, marriage, or adoption, and against anyone who has lived with you for at least 90 days in the past year.10Maryland Courts. Domestic Violence – Protective Orders That covers most family scenarios.
The process is built to move fast. File during court hours and a judge can hold a hearing and issue a temporary protective order the same day. The temporary order lasts seven days, with a full hearing before it expires. File after hours and a District Court commissioner can issue an interim order immediately, lasting about two days until a judge reviews it. Electronic filing is available from certain locations such as hospitals and domestic violence programs, with a video hearing scheduled by the next business day.10Maryland Courts. Domestic Violence – Protective Orders
A protective order can require the abusive family member to leave your home and stay away, provided your name is on the deed or lease, or you are married and living together. It is a separate track from eviction. You do not need a wrongful detainer or holding over case, and the ordinary notice periods do not apply. If you are in immediate danger, call law enforcement first and pursue the protective order as soon as you can safely reach the courthouse.
Realistic Timeline
- Notice period: 0 days for a guest, though a written notice strengthens your case; 60 days for a month-to-month tenant.
- Filing and service: The court issues the summons after you file. Service in wrongful detainer cases must happen within four business days.
- Hearing: Scheduled after service is complete. The wait depends on the court’s docket.
- Warrant of restitution: Filed after a favorable judgment. In failure-to-pay cases the warrant expires 60 days from the date the judge signs it, so move quickly.
- Sheriff scheduling: First-come, first-served once the sheriff has the warrant. Waits of four to eight weeks are common.
All told, removing a guest usually takes two to three months from the filing date. Removing a tenant often runs four months or more once you include the 60-day notice. An appeal or contested hearing adds more. Filing correctly the first time, with the right form and proper notice, is the single most effective way to keep the process from stretching further.