This article will guide you through the step-by-step process of evicting a tenant in Maryland. You’ll learn about serving the eviction notice filing an eviction lawsuit serving the summons attending the court hearing and receiving judgment and what to do next.
It’s important to consult with an eviction attorney for legal advice.
Let’s dive in and gain a comprehensive understanding of the Maryland eviction process.
Serving the Eviction Notice
To initiate the Maryland eviction process you as the landlord must serve the eviction notice to the tenant. In Maryland there are different types of eviction notices depending on the situation. For example, if the tenant fails to pay rent you can serve them a Rent Demand Notice giving them 10 days to pay or quit. If there’s a lease violation you can serve them a Lease Violation Maryland 30 day Eviction Notice giving them 30 days to quit.
In some cases such as when the tenant poses a threat to health or safety, you can serve them an Unconditional Notice to Quit, giving them 14 days to quit. It’s important to send these notices by mail post them on the rental unit’s front door or send them electronically.
Filing an Eviction Lawsuit
To begin the eviction process in Maryland, you, as the landlord, will need to file an eviction lawsuit with the court. Different types of cases require specific forms, including a complex landlord complaint form.
Keep in mind that there are non-refundable filing fees for all summary ejectment cases, and the fees may vary if you’re filing in Baltimore City County.
Once you file the lawsuit, the court will serve the tenant with a summons, which will include the date and time of the court hearing.
At the hearing, both you and the tenant will present your cases, and the court may issue a judgment on the same day.
If the judgment is in your favor, the court will issue an order for possession to be returned to you.
Serving the Summons
Serve the tenant with the summons by the court.
The summons includes the date and time of the court hearing, giving the tenant an opportunity to challenge the landlord’s assertions.
It’s possible for the tenant to request to stay or delay the court hearing. However, there’s a fee for the service of the court summons.
Once the summons is served, both the landlord and tenant are required to attend the court hearing.
During the hearing, the landlord presents the lease agreement, eviction notice, complaint, and any evidence supporting their case.
The court may adjourn the trial or issue a judgment on the same day.
If the judgment goes in favor of the landlord, the court issues an order for possession to be returned to the landlord, except in cases where the tenant’s health or life may be endangered.
Attending Court Hearing and Receiving Judgment
When attending the court hearing for an eviction case in Maryland, both you as the landlord and the tenant are required to be present. As the landlord, it’s important to come prepared with necessary documents such as the lease agreement, eviction notice, complaint, and any supporting evidence.
During the hearing, the court may either adjourn the trial or issue a judgment on the same day. If a judgment is issued, the court will order the possession of the property to be returned to the landlord, unless there are exceptional circumstances such as health or life endangerment for the tenant.
It’s crucial to follow the court’s instructions and comply with the judgment.
Moving Out, Paying Rent, or Appealing
Tenants have three options when facing eviction in Maryland: moving out, paying rent, or appealing.
If you choose to move out, you have four days to vacate the premises. This means you must gather your belongings and find a new place to live.
On the other hand, if you decide to pay rent, you can avoid eviction by paying all the rent that’s due, as well as any additional fees. Make sure to take care of this within the four-day timeframe.
Lastly, if you believe that the eviction is unjust or there’s been a mistake, you can choose to appeal the judgment. However, in order to do so, you must provide a bond and cover all costs and damages associated with the eviction.
Conclusion
Navigating the eviction process in Maryland can be complex and challenging. It’s crucial to understand the different steps involved from serving the eviction notice to attending the court hearing.
Seeking legal advice from an eviction attorney is highly recommended to ensure compliance with Maryland eviction laws. By following the proper procedures and seeking professional guidance, landlords can navigate the eviction process smoothly and lawfully.
