The
District Court hears the majority of landlord-tenant disputes
in Maryland. A judge hears and decides all cases in District
Court.
When
a landlord and a tenant enter into a lease agreement, both
parties have certain rights and responsibilities. This page
describes the actions a landlord may take against a tenant.
Actions
that a landlord may take
When
a tenant
 Fails
to pay rent
Holds
over or fails to leave
Breaches
the lease
...
roommate, squatter refuses to
leave
How
to evict a tenant
Frequently
asked questions
How
do you serve a legal notice?
Do
I need a lawyer?
What
happens in court?
What
should I bring to court?
How
do I request a postponement?
Can
the tenant be evicted if the
rent is paid?
What are my rights to a jury trial?
Can
a tenant who cannot pay obtain
assistance?
How
is a case appealed?
Cost Schedule
| Other Resources
District Court Self Help Center (small claims, landlord tenant, domestic violence)
The Self Help Center is open Monday -
Friday
from 8:30am - 4:30pm.
Phone assistance: 410-260-1392. Hours: 8:30 am - 12:00 pm and 2:00 pm - 4:30 pm.
Please note: the Self Help Center will be closed all day on May 16, 2013 and will close at 12:00 pm on the following dates: April 12, 2013, July 12, 2013, August 27, 2013, September 27, 2013, & December 13, 2013.
Chat Now
(For District Court Civil Cases Only)
Mediation
• An
alternative to court
• May
be used to resolve disputes with a neighbor.
 People's Law Library
(Click on symbol for
additional law-related,
self help information)
|
|
Description:
action that a landlord may take against
a tenant. |
Tenant
fails to pay rent. Landlord seeks eviction & monetary
damages.
|
| Preliminary
Action |
None. |
File
Form and pay fees
Fill
out forms carefully; inaccurate information, such as wrong
name or address, may cause case to be dismissed or delayed.
Federal law requires a landlord to provide information as to whether any Tenant is in the military or provide specific facts for the Court to conclude that each Tenant is not in the military. This information may be available from various sources including the Department of Defense Manpower Data Center https://www.dmdc.osd.mil/appj/scra/scraHome.do
For more information regarding this Federal requirement, click on the following link: http://mdcourts.gov/scra/index.html
If rent is unpaid and the tenant is deceased, intestate (not having made a legal will), and without next of kin, the landlord may file a Failure to Pay Rent action. |
File
Failure to Pay Rent (DC/CV 82). File in county where property
is located. May file any time after rent is past due.
|
Serve
Notice
How
to serve a notice legally |
Serve
notice; court mails copies to landlord, tenant & sheriff
or constable. |
| Court
Appearance |
Parties
must appear in court. |
| Post-judgment |
If
landlord wins, judgment for possession may be entered.
Warrant for Eviction may be entered after 4 business days.
If money judgment obtained, judgment must be recorded.
*In Baltimore City only - special notice requirements apply
(See People's Law Library for more information) |
|
| Description: action
that a landlord may take against a tenant. |
Tenant
refuses to leave (holds over). Landlord seeks eviction & monetary
damages. |
Preliminary
Action:
landlord
must prove action was legally taken. Documentation must be
presented in court. |
Landlord
must notify tenant in writing to vacate property on or before the day rent is due. Time restrictions apply. |
File
Form and pay fees:
Fill
out forms carefully; inaccurate information, such as wrong
name or address, may cause case to be dismissed or delayed. |
File
Complaint and Summons Against a Tenant Holding Over (DC/CV 80).
Complaint must include copy of notice sent to tenant. File
in county where property is located. May file any time after
rent is past due. |
Serve
Notice
How
to serve a notice legally |
Serve
notice. Notice must include copy of letter sent in preliminary
action and proof that notice was served legally. |
| Court
Appearance |
Parties
must appear in court. |
Post-judgment
Collection
of any judgment is the responsibility of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord wins, Warrant for Eviction may be issued immediately
without waiting period.
|
|
| Description: action
that a landlord may take against a tenant. |
Tenant
breaches lease. Landlord seeks eviction for violating lease. |
Preliminary
Action:
landlord must prove action was legally
taken. Documentation must be presented in court. |
Landlord
must notify tenant in writing to vacate property; must give 30 days notice (or 14 days if there is clear and imminent danger of the tenant or person who is on property doing serious harm to themselves, other tenants, the landlord, the landlord's property or representatives, or any other person on the property). |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed. |
File
Complaint and Summons Against Tenant in Breach of Lease (DC/CV
85). Complaint must include copy of notice sent to tenant. |
Serve
Notice
How
to serve a notice legally
|
Serve
notice. Notice must include copy of letter sent in preliminary
action and proof that notice was served legally. |
| Court
Appearance |
Parties
must appear in court. |
Post
judgment
Collection of any judgment is the responsibility
of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord wins, Warrant for Eviction may be issued immediately
without waiting period. |
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to top
Occupant
refuses to leave |
| Description: action
that a landlord may take against an occupant. |
Occupant
breaches lease. Landlord seeks eviction for violating lease.
Action is taken against occupant who may have entered property
with permission (roommate, family member) or
without permission (squatter) but refuses to leave. Action taken by
legal owner or holder of lease. |
Preliminary
Action:
|
None |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed. |
File
Complaint for Wrongful Detainer (DC/CV 89).
|
Serve
Notice
How
to serve a notice legally
|
Serve
notice. |
| Court
Appearance |
Parties
must appear in court. |
Post-judgment
Collection of any judgment is the responsibility
of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord/owner wins, Warrant for Eviction may be issued immediately
without waiting period.
|
|
| Description: action
that a landlord may take against a tenant. |
Eviction
of tenant |
Preliminary
Action:
landlord must prove action was legally
taken. Documentation must be presented in court. |
Before
filing for eviction, landlord must obtain judgment. Must
wait 4 business days after judgment to file. |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed. |
Files
Petition for Warrant of
Restitution (DC/CV 81).
|
Serve
Notice
How
to serve a notice legally
|
Serve
notice. Copy sent to tenant and sheriff. Note: this is the
only copy sent to tenant.
|
| Court
Appearance |
No
court appearance required. Schedule eviction. |
Post-judgment
|
No
eviction can be ordered more than 60 days after judgment.
Eviction cannot take place on Sunday or holiday. Sheriff
must be present during eviction.
While the landlord is not responsible for notifying the tenant of the time
of eviction, it is practical to do so as it gives the tenant the opportunity
to remove personal property prior to eviction. Once property is removed
from the premise, the tenant is responsible for its safety.
*In Baltimore City only - Disposal of property restrictions apply (See People's Law Library) |
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How
to Serve Notice
The summons/complaint must be delivered or “served” to the person
named in the court process within a specified time-frame and in a legal manner.
Notice may be served with:
1. Sheriff or constable posting form in a conspicuous place, usually on the
door of rented property; and by first-class mail sent by sheriff or constable.
2. Personal service, where sheriff or constable attempts to personally deliver
notice to tenant. Personal service requires an additional fee; personal service
must be used if monetary judgment is sought.
If the tenant is deceased, the occupant or next of kin is to be served by personal service. If neither can be found, the sheriff or constable will post a copy of the summons upon the property.
Do I need a lawyer?
An attorney may be helpful in advising you about your case and representing
you. However, individuals are not required to have a lawyer. Many individuals
who bring cases before the District Court represent themselves. Except in certain
types of landlord/tenant disputes, corporations and other business entities
are required to be represented by an attorney.
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What
happens in court?
If both the landlord and tenant appear, the court may:
• listen to both parties present their version of the dispute. If the court
rules in favor of the landlord, the court may issue an Order of Possession. In
certain limited circumstances, the court may enter a monetary judgment in the
amount of the rent due and the costs of the suit
• postpone the trial to allow either party to obtain necessary witnesses
If one party doesn’t appear, the court may postpone the trial, issue
a judgment, or dismiss the case.
What
should I bring to court?
Both parties should bring all court documents and evidence to support their
respective claims. Evidence may include copies of the lease, letters, photographs
and other appropriate documents.
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How
do I request a postponement?
Requests for a postponement by either the landlord or tenant must be made in
writing before the trial date. A copy of the request must be mailed to the
opposing party.
Can
the tenant be evicted if the rent is paid?
In most cases the tenant cannot be evicted if the amount the court decided
was due, plus court costs, is paid prior to the eviction. Payment to the landlord
must be in cash, certified check or money order.
Exceptions: If a tenant has had three judgments
of possession (four judgments in Baltimore City) filed against
him/her during the twelve months before the current suit, a landlord
may request that the court deny the tenant’s right to redeem
the property. The landlord must provide the court with a list of
prior case numbers and judgment dates. If the judge grants the
request, the tenant may be evicted even if he/she pays the rent
due.
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What Are My Rights to a Jury Trial?
There are no jury trials in District Court. If the amount of the claim exceeds $15,000, or the tenant's interest in the lease is more than $15,000*, contractual attorney's fee excluded, either party may request a jury trial which is transferred to the circuit court. Landlords must request a jury trial in writing when filing court forms; tenants must make their requests in writing prior to the date of the District Court trial. Circuit court procedures may differ.
See Tenant/Landlord brochure for information on tenant actions against landlords.
Can
a tenant who cannot pay obtain assistance?
Any tenant who cannot pay past due rent should talk to his/her landlord and
attempt to work out a reasonable schedule of payments. The Department of Social
Services may help.
How
is a case appealed?
The tenant and the landlord have the right to appeal a judgment. To appeal,
an Order of Appeal must be filed within the applicable time limits - in failure to pay rent cases, within 4 working days; in all other actions for possession, 10 calendar days including weekends and holidays. If the court is closed on the last day for filing an appeal, it may be filed by close of business on the next day the court is open. The appeal will be heard in circuit court.
When
a tenant files the appeal, a bond is required to delay payment
of judgment. This does not, however, stay payment of the rent;
rent is still due. The landlord may file another claim for rent
due during the time the appeal is being processed.
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Information contained in this web page is intended to inform the public and not serve as legal advice. This web page is subject to unscheduled and unannounced revisions. Any reproduction of this material must be authorized by the Office of the Chief Clerk of the District Court of Maryland. |
