There could come a time when an eviction becomes necessary despite effective tenant screenings and communication. As a landlord, you must observe the state’s eviction rules throughout the process, including court rules set by the Maryland District Court. To successfully evict a tenant from your rental unit, you need to know certain basics. This article covers the elements that go into filing an eviction lawsuit in Maryland, including what happens when a landlord files a landlord’s complaint for unpaid rent or other violations.

Legal Grounds for Tenant Eviction

Like every other state, a tenant eviction procedure only begins when a landlord has a legal reason to remove them from the property. In Maryland, legal grounds for one are as follows:

• Failure to pay rent when it’s due, which may lead to a pay rent case where the court determines how much rent and late fees are owed.
• Failure to move out after the tenancy agreement has ended, including month to month tenancy situations.
• Failure to observe the terms of the lease, which may involve tenant living conditions, personal property issues, or other violations.

Lease Termination Notices

Once landlords have any of these grounds to remove them from the property, they can serve the tenant with an appropriate written notice. This will seek to terminate their tenancy. In Maryland, there are four types of notices that the landlord can use once they have a legal reason to evict a tenant. Please note that landlords must serve the tenant with any of the following notices as prescribed by local laws and Maryland eviction laws and the Maryland eviction statutes.

The proper notices are as follows:

10-Day Notice for Nonpayment of Rent

In Maryland, a 10-day notice serves as a warning to tenants who are behind on their rent, informing them that they must pay the overdue balance within the specified timeframe or face legal action. If the tenant does not resolve the outstanding rent by the expiration of the notice, the landlord has the right to file a Failure to Pay Rent complaint with the District Court, initiating the procedure. The Failure to Pay Rent notice ensures compliance with Maryland law by providing tenants a clear opportunity to rectify the situation before legal proceedings begin.

60-Day Notice to Quit for Holdover Tenants

A landlord must use this notice if a tenant’s month-to-month lease has expired or they have no written lease agreement. This doesn’t provide a tenant with an opportunity to fix the issue. They must leave within the notice period or risk going through the Maryland legal process, including a summary ejectment action.

90-Day Notice to Vacate

This is typically required for year-to-year leases, providing tenants and landlords ample time to plan for the transition. This notice ensures compliance with lease terms and may be used when the lease ends naturally.

30-Day Notice for Lease Violations

When a Baltimore City tenant signs the lease, they promise to abide by all lease agreement terms. If the tenant violates the lease because they don’t pay rent or damage the property, then you can use this notice to get them to fix the issue or move out within 30 days. For excessive property damage, you can also use a tenant security deposit to cover the cost of repairs.

14-Day Quit Notice to Vacate

If they demonstrate an imminent threat or cause serious harm to themselves and others, you can seek to terminate their tenancy. It would be best if you did this by first serving them with a 14-day notice to move out, which clearly states the landlord’s intent to evict tenants for safety reasons.

Serving a Tenant with an Eviction Notice in Maryland

To ensure that the process goes smoothly, you must do everything in accordance with the eviction and landlord-tenant law. This includes how you serve the notice to the tenant. Maryland law only allows landlords to deliver the notice in a specific way when it comes to nonpayment of rent.

Depending on the type of eviction case, a landlord may have to use one of the following delivery methods:

• Deliver the mail through first-class mailing services or certified mail.
• Post the notice on the door of the rented property.
• Send the notice via electronic services, such as email and text. But, landlords can only do so with the express permission of the tenant.

Speak with local property managers group or real estate attorney to know which method to use for their specific situation.

Tenant Eviction Defenses in Maryland

Making errors or using shortcuts in the process can be costly for a residential landlord. The process can take substantially longer or can even land the landlord in trouble, especially if they use illegal methods. The following are the legal defenses a tenant can use in District Court to stop or delay their eviction from the rental property:

• The eviction notice the landlord served them had errors or wasn’t the appropriate one, meaning the required notice was not properly delivered.
• The landlord didn’t have a legal reason to evict them in the first place, which the court finds during review of relevant documents and accounting records.
• It was in response to the tenant complaining about their uninhabitable living conditions. This is usually considered landlord retaliation; it’s illegal.
• It is based on discrimination due to the tenant’s race, color, religion, or other protected classes in violation of the Fair Housing Laws.
• The tenant withheld rent payments because the unit became unliveable. This is one of the legal rights tenants in Maryland can exercise, especially when filing for wrongful detainer or requesting repairs.
• The landlord tried to evict the tenant through constructive eviction. For instance, trying to evict the tenant by making their living conditions difficult.
• Using “self-help” eviction tactics, such as locking out the tenant or throwing out their belongings, instead of waiting for a court order or eviction order.

Tenants may also raise issues involving subsidy terminations, other subsidy terminations, or extreme weather conditions that affect move-out timing.

District Court Hearing

If the judge in the Maryland court rules in the landlords favor under Maryland law, the tenant will be ordered to vacate the rental unit. Should the tenant fail to comply, only a District Court sheriff is authorized to carry it out and return possession of the rental property to the landlord. This step requires a warrant of restitution, which sets the official eviction date. The sheriff may also oversee removal of tenant holding over property and ensure proper handling of personal property left behind.

During the hearing, the court will set a hearing date, trial date, and review court issues, court costs, and rent owed. If the landlord wins, they may also request a payment plan if the tenant’s household income is below certain thresholds, such as Maryland’s median income.

Bottom Line

Tenant evictions in Maryland must occur per the stipulated laws. Otherwise, they may not only fail but could also potentially land you in trouble financial or legal trouble. Understanding the steps from filing rent cases to obtaining a warrant of restitution, this helps landlords avoid eviction mistakes and stay compliant with the Maryland Department guidelines.

For expert help in all tenant-related matters in Baltimore, don’t hesitate to get in touch with Astoria Charm. We have a comprehensive suite of property management services that we can tailor to meet your specific needs as a landlord. Get in touch to learn more today!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.