Holding Over Without Consent

(Maryland Code, Real Property, Sec. 6-402)

For laws specific to Baltimore City, refer to Public Local Laws of Baltimore City

Liability

A tenant, or anyone holding under the tenant, who unlawfully holds over after termination of the lease, is liable to landlord for all actual damages caused by the holding over, and at the least, is liable for the apportioned rent for the period of holding over at the rate provided in the lease.

A landlord may be awarded a money judgment in tenant-holding-over  cases if the court finds that the tenant was personally served.

Landlord may seek damages under this section as part of the eviction suit, or he may file a separate action for damages.  Landlord may also pursue other remedies granted by the lease or other applicable law against a holdover tenant.

Eviction Procedure

Whenever the landlord has given to tenant the proper written notice to vacate the premises, (see below) and the tenant does not comply, the landlord may make a complaint in writing to the District Court of the county where the property is located.

The court will issue a summons notifying the tenant to appear in court on the stated day to tell the court why the property should not be restored to the landlord.  The constable or sheriff will serve the court summons on the tenant, subtenant, or assignee on the property, or on their known or authorized agent.  If none of those persons can be found, the sheriff or constable will post a copy of the summons in a conspicuous place on the property.  Where tenant, sub-tenant, or assignee has also been sent a notice by first class mail, the posting of the summons will be conclusively presumed to be sufficient service to support a judgment to restore the property to the landlord.

Acceptance of "any payment" after the notice to vacate is given, but prior to the eviction, does not constitute a waiver of the notice or a waiver of any judgment for possession, unless the parties so agree in writing.

At the hearing, if the court finds for the landlord, it will issue a warrant to the sheriff to deliver the possession of the premises to the landlord, and will order tenant to pay the landlord's costs in the suit.  If either party fails to appear in court at the eviction hearing, the judge may, in his discretion, postpone the hearing for not less than six nor more than ten days after the day originally scheduled.

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

Proper Notice to Vacate Premises

See "Termination of Tenancy by Landlord:  Notice Required."

Appeals

Either party has the right of appeal to the circuit court within ten days after judgment is rendered by the district court.  If judgment is for landlord and tenant appeals, tenant may stay in the dwelling until the appeals court reaches its decision if tenant: a)  files an affidavit with the district court that the appeal is not for the purpose of delaying the eviction; and b)  files sufficient bond with one or more securities, with the condition that he will diligently prosecute the appeal and will pay all rent in arrears, all costs in the case, and all loss or damage which the landlord may suffer as a result of tenant remaining in possession, including rent during the time of holding over.

The appeals court will set a day for the hearing not less than five nor more than fifteen days after application is made.  Notice must be served on the other party or his counsel at least five days before the hearing.

Last date legally reviewed: 3/17/08 (PLL/M.A.J.)

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

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