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Maryland Eviction Notice

A Maryland eviction notice is a legal document that landlords use to inform tenants of a breach of the lease agreement or to terminate a tenancy. The notice must specify the violation and provide a legal timeframe for the tenant to remedy the situation or vacate the premises. Failure to comply may lead to formal eviction proceedings.

Maryland Eviction Notice

Maryland Eviction Notice

Types of Maryland Eviction Notices

  1. 10-Day Notice to Quit

    • Grounds: Non-payment of rent.
    • Curable?: No.
    • Details: This notice can be issued the day after rent is due, with no grace period for the tenant.

  2. 30-Day Notice to Comply or Vacate

    • Grounds: Lease violations that are curable.
    • Curable?: Yes.
    • Details: The tenant has 30 days to correct the violation or vacate.

  3. 14-Day Notice to Vacate

    • Grounds: Imminent threat or serious harm.
    • Curable?: No.
    • Details: The tenant must vacate within 14 days without an opportunity to remedy the situation.

  4. 30-Day Notice to Vacate

    • Grounds: Termination of a month-to-month tenancy or non-compliance.
    • Curable?: Depends on the situation.
    • Details: This notice is applicable for tenancies under one year and requires 30 days’ notice.

  5. 60-Day Notice to Vacate

    • Grounds: Termination of a month-to-month tenancy or expired lease.
    • Curable?: No.
    • Details: The tenant must receive notice at least 60 days before termination.

Eviction Process in Maryland

Step 1: Provide Notice

Landlords must issue the appropriate eviction notice based on the grounds for eviction. The notice must be served in a legally acceptable manner, which can include:

  • First-class mail with a certificate of mailing.
  • Posting the notice on the door of the premises.
  • Electronic notice (if previously agreed upon by the tenant).

Step 2: File Initial Court Documents

If the tenant does not comply with the eviction notice, the landlord must file the necessary court forms at the District Court where the property is located. This includes paying a filing fee.

Step 3: Serve the Tenant

The landlord must ensure the tenant receives a copy of the filed documents. This can be done through the sheriff or by certified mail.

Step 4: Court Hearing

The tenant must appear in court on the specified date. If the tenant fails to appear or the judge rules in favor of the landlord, a judgment for possession will be issued.

Step 5: Notice to Vacate

If the judgment is in favor of the landlord, the tenant will be given four days to vacate the property.

Step 6: Petition for Warrant of Restitution

If the tenant does not vacate, the landlord must file a Petition for Warrant of Restitution with the District Court. This form must be obtained directly from the court and provided to the sheriff for execution of the eviction.

  • Maryland Real Property Code § 8-401: Governs non-payment of rent and eviction procedures.
  • Maryland Real Property Code § 8-402: Outlines requirements for lease violations and termination notices.

Statutes

FAQs

In Maryland, there are several types of eviction notices, including a 10-Day Notice to Quit for non-payment of rent, a 30-Day Notice to Comply or Vacate for lease violations, a 14-Day Notice to Vacate for imminent threats, a 30-Day Notice to Vacate for month-to-month tenancies, and a 60-Day Notice to Vacate for longer-term tenancies. Each notice serves a specific purpose and has different requirements based on the situation.

In Maryland, an eviction notice can be served by first-class mail with a certificate of mailing, by posting the notice on the tenant’s door, or electronically if the tenant has agreed to such a method. It’s important to ensure that the notice is delivered properly, as improper service can invalidate the eviction process.

If a tenant does not respond to an eviction notice in Maryland, the landlord can file an eviction lawsuit in the appropriate District Court. If the court rules in favor of the landlord, the tenant will be given four days to vacate the property before further legal action is taken.

In Maryland, there is no grace period for non-payment of rent unless it is explicitly stated in the lease agreement. Landlords can issue a 10-Day Notice to Quit the day after rent is due, allowing tenants only ten days to pay the overdue rent or face eviction.

Legal grounds for eviction in Maryland include non-payment of rent, lease violations, illegal activities on the property, and the expiration of a lease. Each reason requires a specific type of eviction notice with a designated notice period, such as 10 days for non-payment or 30 days for lease violations.

The eviction process in Maryland can vary in duration, typically taking from three weeks to six months, depending on the notice period and whether the tenant contests the eviction. If the tenant leaves before the notice period ends, the process can be significantly shorter.

No, a landlord cannot forcibly evict a tenant in Maryland. The eviction process must follow legal procedures, including serving an eviction notice and obtaining a court order. Self-help evictions, such as changing locks or removing a tenant’s belongings, are illegal.

A Maryland eviction notice should include the tenant’s full name and address, the reason for the eviction, the specific lease violation or overdue rent amount, the date of termination, and the landlord’s contact information. It should also specify the time frame the tenant has to comply or vacate.