Failure to Pay Rent

This eviction procedure is called "summary ejectment". Trials in eviction cases for nonpayment of rent are held in Rent Court. If a tenant receives a notice from the court to appear for summary ejectment proceedings, he should be sure to attend, and he should seek advice first. Evictions can be speedy.

When the Landlord May File
The landlord may file in Rent Court a written complaint, made under oath or affirmation, asking for repossession of the premises, the amount of rent due, and costs of the suit. The constable notifies tenant by serving the summons on him or his assignee or sub-tenant, or by attaching it conspicuously to the property. The summons must be served on or before the 3rd court day after the complaint is filed.

The hearing is scheduled for the 5th court day after the complaint is filed. (A court day is a day on which the court is open and doing business. Weekends and legal holidays are not court days). Thus the law provides that the tenant will receive at least 2 days' notice before the hearing.

At the hearing, the judge has the authority to adjourn the proceedings for up to 7 days if he feels that "the interest of justice will be better served". If both tenant and landlord agree, the adjournment may be longer than 7 days.

What the Tenant should Take to Trial
Tenant should take to the trial all necessary rent receipts and rent books, and where applicable, photographs showing defective or dangerous conditions of the dwelling for possible use in a rent escrow procedure.

At the trial
If landlord wins the case, tenant will be ordered to leave the dwelling within 4 days. However, if tenant has a certificate signed by a physician indicating that an eviction within 4 days would endanger the health or life of any occupant of the premises, the judge has the power to extend that time for as long a period as he thinks necessary and just.

Where the judgment is for landlord and there is no physician's certificate, and tenant fails to comply with the order to vacate the premises, landlord may ask the court to issue a warrant to the constable directing him to restore possession of the premises to the landlord. Landlord must request this order (warrant of restitution) within 60 days of the date of the judgment. If he does not, the case is considered dismissed.

At any time before the actual carrying out of an eviction order, tenant has the right to redeem the leased premises by offering to the landlord or his agent all past due rent and late fees, plus all court awarded costs and fees. This must be offered in cash, certified check, or money order.

The constable must be present at the actual put-out as an officer of the court. However, he will not participate in physically moving out tenant's possessions. That is the landlord's responsibility.

However, tenant does not have the right to redeem if landlord shows that 4 or more judgments of restitution (eviction orders) were issued against tenant in the 12 months preceding the filing of landlord's complaint.

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL).

Last date legally reviewed: 9/23/08 (PLL/M.A.J.)