The eviction process in Maryland runs entirely through the District Court. A landlord has to give the tenant written notice, file a complaint, win a judgment at a hearing, wait out a short holding period, and then get a warrant of restitution that a sheriff or constable carries out. Skipping any step, or trying to force the tenant out directly by changing locks or shutting off utilities, is illegal and exposes the landlord to a lawsuit.
How long each step takes and what the tenant can do about it depends on why the landlord wants possession.
Step 1: Written Notice to the Tenant
Every eviction starts with a written notice, and the notice period depends on the reason.
Unpaid Rent
For nonpayment, the landlord must deliver a 10-day notice of intent to file a complaint for summary ejectment on Form DC-CV-115. The notice has to state the exact amount owed, including any late fees allowed by the lease.1Maryland Courts. Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) If the tenant pays the full amount within those 10 days, the case cannot move forward.2The Maryland People’s Law Library. Failure to Pay Rent
Lease Violations
For a breach of the lease, the notice period is 30 days. The written notice must identify the specific violation and state that the landlord wants to repossess the property. The tenant has that 30-day window to cure the problem or vacate. If the behavior poses a clear and imminent danger of serious harm to people or property, the period drops to 14 days.3Maryland General Assembly. Maryland Code Real Property 8-402.1 – Breach of Lease
Holding Over After the Lease Ends
If the tenant stays past the end of the lease, the notice depends on the tenancy. A month-to-month tenant must get 60 days’ written notice before the tenancy expires, and a year-to-year tenant must get 90 days’ notice before the current lease year ends.4Maryland General Assembly. Maryland Code Real Property 8-402 – Holding Over Those deadlines run back from the end of the tenancy period, not forward from the day the notice is served, so the landlord has to plan ahead.
Step 2: Filing the Complaint
If the notice period passes without the tenant paying, curing, or moving, the landlord files a complaint in the District Court for the county where the property sits. Nonpayment cases use Form DC-CV-082.5Maryland Courts. Maryland District Court Form DC-CV-082 – Failure to Pay Rent Holding over uses Form DC-CV-080, and breach of lease uses Form DC-CV-085. The complaint lists the property, the tenant, the grounds for eviction, and any rent owed.
The court then issues a summons, and a sheriff or constable serves the tenant with the summons and a copy of the complaint. The papers tell the tenant when and where to appear.
Step 3: The Court Hearing
Hearings in rent court move quickly. The landlord presents the lease, payment records, copies of the notice, and whatever documents the specific case needs. The tenant has an equal right to appear, present evidence, and argue defenses.
The judge can enter a judgment for possession in the landlord’s favor, dismiss the case if the paperwork is defective or the landlord doesn’t appear, or rule for the tenant on a defense.
Defenses That Can Stop an Eviction
Several defenses come up often enough that any tenant should know them.
Warranty of habitability. Maryland law requires rental housing to be livable. If the landlord has failed to fix serious problems such as broken heating, plumbing failures, or code violations, the tenant can raise those conditions as a defense to a nonpayment case. The tenant does not have to pay rent into escrow with the court to raise this defense, but must have notified the landlord of the problem and given a reasonable time to repair it.6New York Codes, Rules and Regulations. Maryland Code Real Property 8-212 – Warranty of Habitability
Retaliatory eviction. A landlord cannot evict, raise the rent, or cut services because the tenant reported code violations, filed a complaint with a government agency, joined a tenants’ organization, or called police or emergency services to the property. A tenant who proves retaliation can recover damages up to three months’ rent plus attorney’s fees. The tenant has to be current on rent to raise this defense, and the landlord’s action must have happened within six months of the protected activity.7Maryland General Assembly. Maryland Code Real Property 8-208.1 – Retaliatory Eviction
Proof of payment or landlord error. In a nonpayment case, receipts or bank records showing the rent was paid can end the case on the spot. Tenants can also challenge the amount claimed, and defective notices or incorrect figures on the complaint are a common basis for dismissal.
Step 4: The Right of Redemption
In nonpayment cases, a tenant who loses in court still has a way out. The right of redemption lets the tenant stop the eviction at any time before the sheriff physically removes them by paying the full past-due rent set by the court plus all court costs and fees. Payment must be in cash, certified check, or money order.8Maryland General Assembly. Maryland Code Real Property 8-401 – Failure to Pay Rent
The right is not unlimited. If three judgments for unpaid rent have been entered against the tenant in the previous 12 months, the court can strip the right of redemption from the case. In Baltimore City, the threshold is four prior judgments.9Maryland Courts. Rent Court for Tenants Part 2 – Right of Redemption and Eviction Once that right is gone, paying up will not stop the eviction.
Step 5: Warrant of Restitution and the Physical Eviction
A judgment for possession does not clear the tenant out by itself. The landlord has to file a Petition for Warrant of Restitution on Form DC-CV-081 asking the court to order the sheriff to carry out the removal.10Maryland Courts. Public Notice – Civil Form Revision The statute requires at least seven days after the judgment before the court will issue the warrant.8Maryland General Assembly. Maryland Code Real Property 8-401 – Failure to Pay Rent
Once the warrant issues, the tenant must get at least six days’ written notice of the eviction date. The eviction cannot happen on a Sunday or holiday, and a sheriff or constable must be present during the removal.11Maryland Courts. Housing Cases Belongings left behind are generally treated as abandoned. The landlord may dispose of them through legal means such as donation or a licensed disposal facility, but cannot simply put them on the sidewalk.
Appeal Deadlines
Appeal windows in Maryland eviction cases are short. A tenant in a nonpayment case has four days from the judgment to file an appeal. For breach-of-lease and holding-over cases, the deadline is 10 days.12Maryland Courts. Appeals and Motions After Trial in the District Court Appeals go to the Circuit Court for a new trial. A judgment is automatically stayed for 10 days after entry, but to keep the eviction on hold through the full appeal, the tenant usually needs to file a supersedeas bond with the District Court. Without that bond, the landlord may be able to proceed with the warrant while the appeal is pending.
Self-Help Evictions Are Illegal
Nothing in the process lets a landlord bypass the court. Changing the locks, removing doors, shutting off water or electricity, or hauling out a tenant’s property without a court order are all illegal in Maryland. A tenant subjected to those tactics can sue for actual damages, including temporary housing costs and the value of lost or damaged belongings, and the court can order the landlord to pay attorney’s fees. In Baltimore City, an illegal lockout or utility shutoff is a misdemeanor punishable by a fine of up to $500 or up to 10 days in jail for each violation.
The Security Deposit After an Eviction
Being evicted does not forfeit a tenant’s security deposit. After the tenancy ends, the landlord has 45 days to either return the deposit with accrued interest or send the tenant an itemized statement explaining any deductions, with supporting documentation such as invoices or repair estimates. Allowable deductions include unpaid rent and damage beyond normal wear and tear. If the landlord misses the 45-day window, the right to withhold any part of the deposit is forfeited.13Maryland General Assembly. Maryland Code Real Property 8-203 – Security Deposits
Free Legal Help for Tenants
Maryland tenants facing eviction may qualify for a free attorney through the Access to Counsel in Evictions (ACE) program, which covers failure-to-pay-rent, breach-of-lease, and holding-over cases. Eligibility requires Maryland residency and household income at or below 50 percent of the state median. The program can be reached by calling 211 or through legalhelpmd.org.11Maryland Courts. Housing Cases