Maryland Eviction Process and Laws

Whether you’re a landlord or a tenant in Maryland, it’s important to understand the eviction process and laws in the state. In most states, landlords are legally allowed to evict tenants for non-payment of rent or other lease violations. But doing so must be done in an appropriate manner, which includes following the proper steps outlined by local law. Let us understand the Maryland eviction process and laws in detail.

Elderly tenants, tenants with children or those who have a disability may have additional protections against being evicted unnecessarily. Landlords must also be aware that certain circumstances may make an otherwise lawful eviction process illegal, such as when there is a federal investment clause that prohibits renting property to long-term tenants at market rates.

Maryland Eviction Process and Laws: Key Things To Know

What is the Maryland Eviction Process?

In Maryland, landlords can evict tenants for a number of reasons, including non-payment of rent or violating the lease or rental agreement. Landlords can also evict tenants if the person is no longer able to meet the essential obligations of the lease, such as by becoming disabled or elderly.

When a landlord decides to evict a tenant, the process involves the landlord serving the tenant with a notice to vacate the rental property. The notice must specify the date on which the tenant must vacate the rental property. If the tenant does not move out by the date specified in the notice, the landlord can file an eviction lawsuit in court. In some cases, the landlord can also file an eviction lawsuit without first giving the tenant a notice to vacate the rental premises.

If the landlord does this, the eviction procedure is the same as if the landlord had served the tenant with a notice to vacate.

Notice Requirements for Evicting a Tenant in Maryland

A landlord in Maryland must provide written notice to a tenant of at least 14 days’ duration before filing an eviction lawsuit or attempting to physically remove the tenant from the rental property. This written notice is considered to be the “notice to vacate.” If a landlord attempts to evict a tenant without providing proper written notice, the eviction is considered to be “illegal” and the landlord may be subject to fines and penalties. The landlord’s notice to vacate must include all of the following information:

The date, time, and place of the eviction meeting; a clear statement of the reason for the eviction; the signature of the person who delivered the notice; and the signature of another person who will be at the eviction meeting.

The Court hearing for eviction in Maryland

After the landlord gives the tenant notice to vacate the rental property, the judge will set a court date for the eviction hearing. At the hearing, both the landlord and the tenant will have the opportunity to speak about their rights and responsibilities under the lease or rental agreement.

At this hearing, the judge will determine if there is enough evidence for the landlord to evict the tenant. If there is enough evidence, the judge will order the tenant to move out of the rental property by a certain date. The tenant should not move back into the rental property until they have a court order permitting them to do so. The judge will issue a final order during the eviction hearing. If the tenant fails to comply with the order, the landlord can file an eviction lawsuit in court.

The procedure for physically removing a tenant from rental property

If the tenant does not move out of the rental property by the date specified in the eviction notice or if the tenant remains in the rental property but fails to pay rent, the landlord can file an eviction lawsuit in court. At this stage of the eviction process, the landlord must present evidence of non-payment of rent to the court clerk. If the landlord wins the case and the tenant does not pay the unpaid rent, the court will allow the landlord to file a writ of execution against the tenant that allows the sheriff to physically remove the tenant from the rental property.

Federal Protection Against Illegal Evictions in Maryland

Verbal or written notice can be given to a tenant as long as it meets the requirements described above. Some jurisdictions require that the eviction notice include a specific time period for moving out, such as 14 days. If a landlord attempts to evict a tenant without providing proper written notice, the eviction is considered to be “illegal” and the landlord may be subject to fines and penalties.

If the eviction process is conducted “illegal” or “improperly,” the landlord may be able to reduce or dismiss the eviction lawsuit if they can show that they attempted to follow the proper steps but were not allowed to proceed because the other person was doing the eviction in “illegal” manner.

Summing up

In Maryland, a landlord can evict a tenant for a number of reasons, including non-payment of rent or violating the lease or rental agreement. When a landlord decides to evict a tenant, the process involves the landlord serving the tenant with a notice to vacate the rental property. If the tenant does not move out by the date specified in the notice, the landlord can file an eviction lawsuit in court.

At this hearing, both the landlord and the tenant will have the opportunity to speak about their rights and responsibilities under the lease or rental agreement. If the tenant does not pay the rent or vacate by the date specified in the eviction notice, the landlord can file an eviction lawsuit in court. After filing the lawsuit, the landlord must go to court again to get a judgment and order of possession. If the tenant does not move out of the rental property by the date specified in the eviction notice, the court will issue a final order.