If you are being evicted in the state of Maryland, you may not know how to proceed. Learning about the eviction process in Maryland can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Maryland and how long each step will take.
If your landlord wishes to begin the eviction process in Maryland, he or she must first give you an eviction notice in many cases. However, if you have not paid rent, your landlord is allowed to sue for eviction even without giving you notice.
If you have stayed past the end of your lease or if you have breached the lease in some material way, your landlord is required to give you 30 days of notice before beginning the eviction process in Maryland courts. The landlord may give you some way to comply with the terms of your lease agreement. For instance, if you were being evicted due to an unauthorized pet being kept on the premises, your landlord may allow you to re-home the pet or pay an additional damage deposit rather than facing the rest of the eviction process in Maryland.
Almost all breaches of leases require a 30 day notice in Maryland, but if you are causing a danger to yourself or others, or are damaging the property, you may be served with a 14 day eviction notice instead.
Court Filings and Hearings
If you do not respond to the notice you are given, or if you are late in paying your rent, your landlord can go to the district courthouse to file a complaint. The eviction process in Maryland requires that you are given a copy of this complaint (which will detail why you are being evicted) as well as the summons that notifies you about your eviction hearing.
Typically, your hearing will be scheduled for five business days after you have been served with a copy of the complaint and summons. You are not required to attend the eviction hearing, but if you do not appear, your landlord will automatically win the case and the eviction process in Maryland will continue.
Your landlord is not allowed to evict you for retaliatory or discriminatory reasons. If you believe your landlord is retaliating or discriminating against you, or if your landlord has failed to meet their lease obligations, you may be able to win at the eviction hearing. You may wish to consult with a lawyer who understands the eviction process in Maryland to discuss your options and how to proceed.
Warrant of Restitution
If you lose at your hearing, you will be given time to appeal the ruling. For non-payment of rent, you will only have a four day period to appeal, but if your eviction is for other reasons, you will have ten days.
If you do not appeal within the allotted period, the judge will issue a warrant of restitution, which allows the sheriff to remove you from the premises forcibly.