How to Evict a Tenant in Baltimore City

Summary

This article discusses the process of a landlord evicting a tenant due to non-payment of rent. For details on a tenant remaining in the property after the lease term ends or breaking the lease, refer to Holding Over.

If rent payment is overdue, the landlord can initiate the eviction process promptly. The steps for evictions and rent court are outlined below:

The landlord must serve the tenant with written notice, giving them 10 days to settle the outstanding rent.
If the tenant fails to pay within the specified 10-day period, the landlord can proceed by filing a complaint.
Subsequently, the District Court issues a summons to notify the tenant about the trial.
During the trial, the tenant has the opportunity to present their defense.

If the court rules in favor of the landlord, they can request a warrant of restitution to have a sheriff oversee the eviction process. The tenant may opt to “pay to stay” before the sheriff enforces the eviction, with some exceptions. During the eviction, the sheriff will instruct the tenant and any occupants to vacate the premises and will also oversee the removal of the tenant’s belongings.

Refer to the Law for further details: Md. Code, Real Property § 8-401

Eviction Process Must Follow Court Order

In case a tenant misses a rent payment deadline, the landlord must seek approval from the court to proceed with the eviction process. This implies that a landlord is not allowed to forcibly remove a tenant by changing locks or cutting off essential services such as heat, water, or electricity without a court order. Should a landlord take such actions without the necessary court order, the tenant has the right to contact law enforcement, an attorney, or a legal aid organization. Furthermore, eviction cannot be used as a form of retaliation against a tenant for filing a complaint or lawsuit.

Refer to the Legal Requirements:

Md. Code, Real Property §§ 8-208.1 and 8-216

Notice to Tenant in Writing

Prior to initiating legal action for unpaid rent, the landlord is required to give the tenant a written notice indicating the landlord's intention to file a complaint due to rent nonpayment. This notice should specify the outstanding rent amount and grant the tenant a 10-day period to settle the due sum.

Landlords should use the Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) (DC-CV-115) form.

The tenant is considered notified when the landlord's written notice is: mailed via first-class mail with a certificate of mailing; posted on the premises' door; OR sent electronically (via email, text message, or electronic tenant portal) if chosen by the tenant.

Refer to the Legal Document: Md. Code, Real Property § 8-401

A Landlord Has the Option to Submit a Complaint

In order to remove a tenant, the landlord is required to submit a sworn complaint in District Court via a “failure to pay rent” form. This form:

Provides a description of the property;
Lists all tenants or subtenants;
Specifies the rent amount and late fees, excluding utilities or security deposit already paid;
Requests repossession of the property;
If applicable, mentions that, based on the landlord's knowledge, the tenant is deceased, intestate, and has no known next of kin;
For properties constructed before 1978, confirms that the property has been registered and renewed under Environment §§ 6-811, 6-812, and provides the inspection certificate number (related to lead paint – a landlord cannot pursue a failure to pay rent case for an unregistered or unrenewed property);
Specifies the rent amount due for each pay period, the due date, and the late fees;
Indicates the date on which the landlord issued the necessary notice to the tenant; and,
Includes evidence that the rental property is licensed, if mandated by local regulations.

A sample form can be found on the Maryland Courts website, but please be aware that it is not possible to fill it out online.

Refer to the Law: Md. Code, Real Property § 8-401, 8-406

Notification of Tenant's Trial

The tenant must be served with a "summary ejectment proceeding" within three days of the complaint being filed. One copy will be sent via mail, and a yellow form copy will be posted on the residence's door. The summons can also be delivered through personal service (learn more about service of process). The notice for the "summary ejectment proceeding" will indicate the court date for the tenant's trial, which could be scheduled as early as five days after the complaint was submitted. The trial details, including the date and time, can be found in the upper right-hand corner of the form. The tenant has the option to make payments to the landlord before or during the trial.

Refer to the Law: Md. Code, Real Property § 8-401

The Day of the Trial

In case a tenant disputes the complaint, they are advised to attend the hearing punctually and be present in the courtroom at the start of the docket. The tenant should also have relevant documents and evidence ready to substantiate their defense against the landlord's complaint. These documents could comprise the lease agreement, financial records, cancelled checks, photographs, and other pertinent materials.

In the event that the tenant is absent, it is likely that the landlord will prevail. Conversely, if the landlord is absent, the eviction proceeding will probably be dropped.

On the day of the hearing at the courthouse, a tenant may encounter the landlord's representative. The tenant has the option to negotiate a resolution through a payment plan or another agreement with the landlord's representative. Nevertheless, it is not obligatory for the tenant to come to an agreement with the landlord. Tenants possess the right to defend themselves in District Court by providing evidence and calling witnesses. For instance, tenants can demonstrate that they have paid the rent or attempted to do so, even if the landlord refused to accept it.

Rent Escrow as a Defense for Hazardous Property Defects

One situation where the tenant may be allowed to stay in their home is if a landlord has failed to repair a dangerous condition. If a tenant gave a landlord notice of a safety problem over a month before the hearing, and the landlord did not fix the problem, then the tenant may argue that the tenant does not need to pay the landlord rent. Examples of safety problems include no heat, broken toilets, rats or mice, major problems with walls, floors or ceilings, lead paint, or fire hazards. Tenants may keep back-rent, and defend themselves based on the safety violation. If the Court agrees that the home poses a serious threat to the tenant’s safety, the tenant will pay the rent to the Court into an “escrow account” until the dispute is resolved. The legal action tenant may bring outside of an eviction case is an action of rent escrow.

Read the Law: Md. Code, Real Property § 8-211

Defense for Retaliatory Eviction

An additional form of defense arises when a tenant can demonstrate that the landlord is seeking eviction in response to the tenant lodging a complaint, initiating legal action, or joining a tenant association. If substantiated (and if the tenant is up to date on rent payments), the tenant could be entitled to compensation equivalent to 3 months' rent, reasonable legal fees, and court expenses.

Refer to the Law: Md. Code, Real Property § 8-208.1

Judgment and Appeal

If, at the end of the trial, the Judge determines that the tenant has failed to pay the rent or if the tenant is absent, the court will rule in favor of the landlord. A judgment will be made for the rent amount, late fee, and lawsuit costs.

Either the tenant or the landlord can challenge the court's decision within four days of its issuance. Should the tenant choose to appeal, a bond must be posted.

Refer to the Law: Md. Code, Real Property § 8-401

Warrant of Restitution

If the Court rules in favor of the landlord, the tenant must vacate within 4 days. It is important to carefully review the court order. In case the tenant possesses a medical note stating that leaving due to a medical condition would pose a risk, they are entitled to a 15-day extension. Remember to consult your county or municipal code for any extra local safeguards. For more information on local regulations, click here. A landlord needs to request a warrant of restitution within 60 days of the judgment; otherwise, the judgment will become void.

Refer to the Law: Md. Code, Real Property § 8-401

Right to Redeem - Pay to Stay

The tenant has the option to settle any outstanding payments with the landlord or their representative before facing eviction (referred to as the "right to redeem the premises"). Payment can be made in cash, a certified check, or money order covering all overdue rent, late fees, court costs, and fees. It's important to note that the tenant is not eligible for redemption if they have received three or more rent judgments within the 12 months leading up to the eviction proceedings (four or more in Baltimore City).

Refer to the Law: Md. Code, Real Property § 8-401

Eviction by Sheriff

The tenant cannot be evicted by the landlord unless the constable or sheriff is present to oversee the eviction. The tenant is given a copy of the “warrant of restitution” as a warning of the potential eviction. The specific time and date of the eviction are not specified on the warrant. The tenant has the option to contact the constable or sheriff’s office with the case number to inquire about the eviction schedule.

When a sheriff carries out a warrant of restitution, they must promptly check the premises for any pets and, if pets are found, return them to the tenant. If the tenant is not present during the execution of the warrant, the sheriff must:

reach out to an animal shelter or animal rescue organization to take custody of the pet;
provide the tenant with the details of the animal shelter or rescue organization where the pet is being taken; and
share the tenant's contact information with the animal shelter or rescue organization.

Maryland law prohibits relocating a pet during an eviction and abandoning it on public property or a public sidewalk.

In severe weather conditions, the court may postpone evictions on a day-to-day basis. Local regulations concerning evictions and weather conditions may also come into effect. (Find out more about local regulations.) If the landlord fails to evict the tenant within 60 days of issuing the warrant of restitution, the warrant becomes invalid.

Refer to the Law: Md. Code, Real Property § 8-401