Topics on this page:

• Overview
• No Eviction Without Court Order
• Written Notice to Tenant
• Landlord May File a Complaint
• Notice of the Trial to the Tenant
• The Day of the Trial
• Defense for Dangerous Defect of the Property – Rent Escrow
• Defense for Retaliatory Eviction
• Judgment and Appeal
• Warrant of Restitution
• Right to Redeem - Pay to Stay
• Eviction by Sheriff
• Resources for Landlords and Tenants
• Shielding
• Access to Counsel in Eviction (ACE) Program

Overview

This article concerns a landlord evicting a tenant for failing to pay rent. For information about a tenant “holding over” as a tenant after the term of the lease ends or for breaking the lease, see Holding Over.

1. If rent is late, a landlord may start the eviction process immediately. The process for evictions and rent court is as follows:
2. The landlord must provide written notice to the tenant that states the tenant has 10 days after receiving the notice to pay the rent due.
3. If the tenant does not pay the money owed within 10 days after receiving the landlord's written notice, then the landlord files a complaint in the District Court.
4. Next, the District Court issues a summons to the tenant to notify the tenant about the trial.
5. Next, there is a trial where the tenant may defend themselves.

If the court rules in favor of the landlord, then the landlord can file a warrant of restitution to arrange a sheriff to supervise the eviction. A tenant may “pay to stay” at any time prior to eviction by the sheriff, with some exceptions. At the eviction, the sheriff will order the tenant and all others inside to leave. The sheriff will also remove the tenant’s personal possessions. 

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

No Eviction Without Court Order

If a tenant fails to pay the rent on time, the landlord may not evict the tenant without asking the court to approve the tenant's eviction. That means that a landlord cannot lock a tenant out or force a tenant out by turning off the heat, water, or electricity without a court order. If a landlord takes one of these actions without a court order, a tenant can call the police and an attorney or a legal services organization. Similarly, a landlord cannot use eviction to retaliate against the tenant for making a complaint or filing a lawsuit.

Read the Law: Md. Code, Real Property §§ 8-208.1 and 8-216

Written Notice to Tenant

Before a landlord can file a complaint for nonpayment of rent, the landlord must provide the tenant with written notice of the landlord's intent to file a complaint for failure to pay rent. The notice must tell the tenant how much rent is due and give the tenant 10 days to pay the amount due. Landlords should use the Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) (DC-CV-115) form.

Notice to the tenant occurs when the landlord's written notice is sent by first-class mail with a certificate of mailing; affixed to the door of the premises; OR if elected by the tenant, sent by electronic delivery (email, text message, or electronic tenant portal).

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

Landlord May File a Complaint

To evict a tenant a landlord must file a complaint under oath in District Court using a “failure to pay rent” form. This form:

1. describes the property;
2. names each tenant or subtenant;
3. states the rent and late fees due and unpaid, less utilities or security deposit paid;
4. requests repossession;
5. if applicable, states that, to the best of landlord's knowledge, the tenant is deceased, intestate, and without next of kin;
6. for rental unit properties built before 1978 states that the property was registered and the registration renewed as required under Md. Code, Environment §§ 6-811 and 6-812 and provides the inspection certificate number (pertaining to lead paint – a landlord cannot file for failure to pay rent on an unregistered or unrenewed property);
7. states the amount of rent due each rental period, the day rent is due each rental period, and any late fees for overdue payments;
8. states the date that the landlord provided the required notice to the tenant; and
9. provides supporting facts that the rental property is licensed, if required by local laws.

A sample form is available on the Maryland Courts website. Note that this form cannot be completed online.

Read the Law: Md. Code, Real Property §§ 8-401 and 8-406

See a searchable list of counties and cities that require rental housing licenses.

Rent Court for Landlords Part 1: How to Start your Case in Rent Court from the Maryland Courts

Notice of the Trial to the Tenant

The tenant should receive a notice of “summary ejectment proceeding” within three days from when the complaint was filed. One copy will be sent by mail and a yellow form copy is posted on the door to the home. The summons may also be served by personal service (learn more about service of process). The “summary ejectment proceeding” notice will state when the tenant is due in court for a trial. It may be as soon as five days after the complaint was filed. The trial date and time are on the upper right-hand corner of the form. At any time before or at trial, the tenant may make payments to the landlord.

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

The Day of the Trial

If a tenant is challenging the complaint, the tenant should go to the hearing, be on time, and be in the courtroom when the docket begins. The tenant should bring documents and evidence to support their arguments against the landlord’s complaint. These documents may include the lease, accounting records, cancelled checks, photographs, etc. Learn more about preparing your case.

If the tenant does not appear, the landlord will probably win. If the landlord does not appear, the ejectment action will likely be dismissed.

A tenant may see a representative from the landlord at the courthouse on the day of the hearing. The tenant may choose to enter an agreement to settle the case through a payment plan or other agreement with the landlord’s representative. However, the tenant is not required to reach an agreement with the landlord. Tenants have a right to defend themselves in District Court by presenting evidence and introducing witnesses. Tenants can, for example, prove that they did pay the rent, or that they tried to pay the rent but the landlord would not accept it. 

Rent Court for Tenants Part 1: Notice and Trial from the Maryland Courts

Defense for Dangerous Defect of the Property – Rent Escrow

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 substantial and serious threat to the tenant’s life, health, or 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.  Learn more about rent escrow.  

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

Defense for Retaliatory Eviction

Another defense to an ejectment action is when the tenant can show that the landlord is evicting the tenant to retaliate because the tenant made a complaint, filed a lawsuit or joined a tenant organization. If proven (and if the tenant is current on the rent due), a tenant may receive damages up to 3 months’ rent, reasonable attorney fees, and court costs. Learn more about retaliatory evictions.

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

Judgment and Appeal

At the close of the trial, if the Judge finds the tenant has not paid the rent and has no defense to the ejectment action, or if the tenant does not appear for the trial, then the court will decide in favor of the landlord. The court will enter a judgment in the amount of the rent due and any late fees and costs of the lawsuit.

A tenant or landlord may appeal the court order within four days after it has been issued. If a tenant appeals, the tenant must post a bond.  

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

Rent Court for Landlords Part 2: I Won in Rent Court, Now What? from the Maryland Courts

Warrant of Restitution

If the court finds in the landlord's favor, the court will issue a warrant of restitution (eviction order). The warrant is a court order to the tenant to return possession of the leased premises to the landlord.

NOTE: In a failure to pay rent case the tenant has 4 days from judgment in favor of the landlord to appeal. If the tenant fails to appeal, the court will then issue the warrant of restitution.

After the court issues a warrant of restitution, the landlord must give the tenant at least 6 days’ written notice before the scheduled eviction date. Notice must be provided by:

• Mail (first-class with certificate of mailing),
• Posting the notice on the front door and taking a date-stamped photo, and
• Electronic delivery (email or text) if the landlord has the tenant’s contact information.

The notice must include:

• Court case number.
• Tenant’s name.
• Rental property address.
• Date the court ordered the warrant.
• Scheduled eviction date.
• Statement that repossession will happen unless:
• the tenant voluntarily returns possession, or
• the tenant redeems the property by paying the full amount due. If redemption is still available, the notice must list the exact amount owed.
• A statement that this is the final eviction notice, even if the eviction is delayed.
• The following required statement:
  • “You could lose all your personal belongings left inside your home when the eviction occurs. Local laws and practices about disposal of any of your personal belongings upon eviction vary. You may seek advice by calling 211 for a legal referral or by contacting the District Court Help Center (phone and website info) to speak to an attorney.”
• Landlord’s phone number, email, and mailing address.
• A landlord may charge a tenant the actual cost, up to $5, of sending the notice.

To show proof of notice, a landlord should provide the sheriff with the certificate of mailing, photograph of the notice posted on the front door of the leased premises (the photo should contain a readable timestamp) and a signed affidavit of the person who posted the notice. If the documentation shows proof of notice, the sheriff will file the paperwork with the court and carry out the eviction.

If the sheriff believes the tenant wasn’t properly notified or has redeemed the property, the sheriff must notify the court and not proceed with the eviction. If the court finds notice wasn’t property provided, the court will vacate the warrant of restitution.

If the tenant isn’t home during the eviction, the sheriff must post a notice on the front door stating repossession of the premises was completed.

Note: You may want to check your county code or municipal code to see if there are additional local protections. Learn more about local laws. A landlord must request a warrant of restitution within 60 days of the judgment. If the landlord waits longer, the judgment will expire.  

Read the Law: Md. Code, Real Property §§ 8-401 and 8-407

Right to Redeem - Pay to Stay

The tenant may pay the landlord or landlord's agent at any time before the eviction occurs (called the “right to redeem the premises”). The tenant can pay by cash, a certified check, or money order all past due rent and late fees, plus court costs and fees. However, the tenant cannot redeem if the tenant has 3 or more rent judgments against the tenant in the 12 months before the eviction action (4 or more in Baltimore City).

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

Rent Court for Tenants Part 2: Right of Redemption and Eviction from the Maryland Courts

Eviction by Sheriff

The landlord cannot evict the tenant until the constable or sheriff is present to allow the landlord to do so.  

When a sheriff executes a warrant of restitution, the sheriff is required to immediately inspect the premises for any pets and, if found, deliver the pet(s) to the tenant. If the tenant is not present at the time the warrant of restitution is executed, the sheriff must: 

• contact an animal shelter or animal rescue organization to take custody of the pet;
• provide the tenant with the name and contact information of the animal shelter or animal rescue organization where the pet is taken; and
• provide the animal shelter or animal rescue organization with the name and contact information of the tenant to whom the pet belongs. 

Maryland law prohibits removing a pet during an eviction and leaving the pet on public property or a public sidewalk.

In extreme weather conditions, the court may delay evictions on a day-by-day basis. There may be local laws related to evictions and weather conditions that may apply. (Learn more about local laws.) If the landlord does not evict the tenant within 60 days from the warrant of restitution, then the warrant expires.  

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

Resources for Landlords and Tenants

Rental assistance may be available to both landlords and tenants. More information is available on the Maryland Courts website.

If eviction would leave the tenant homeless, the tenant may be eligible for an emergency grant or other help from an eviction prevention program. The Maryland Department of Housing and Community Development website has information about their Resources for Renters, including where to apply for local emergency rental assistance.

In addition, your local department of social services may have programs that can assist tenants, including homelessness prevention programs and temporary cash assistance.

Shielding

Generally speaking, Maryland court records are open to the public. Sometimes a party can ask the court to shield a document, and this removes the document from public view. A court can also shield an entire case and remove it from public view. The party asking for a case to be shielded must have a good reason.

COVID-19 Pandemic
If your Failure to Pay Rent case was filed between March 5, 2020, and January 1, 2022, you may ask a court to shield the case record from public view. To be eligible for shielding, you must show that your loss of income, and inability to pay rent, was because of the COVID-19 pandemic. Additionally, if a judgment was entered against you for unpaid rent, that judgment must be satisfied first. To ask a court to shield your case, use form DC-CV-116 (Request to Shield Court Records Related to Repossession of Residential Property for Failure to Pay Rent).

Cases after October 1, 2024
Some failure to pay rent case records must be shielded from public view. If the case did not result in a judgment of possession, the District Court will shield the case within 60 days after the case is closed.

If the case did result in a judgment of possession, the District Court may shield the case record from public view. To ask the court to shield your case, use form DC-CV-119 (Petition to Shield a Failure to Pay Rent Action Record).

More information about shielding case records.

Read the Law: Md. Code, Real Property § 8-502

Access to Counsel in Eviction (ACE) Program

If you are at risk of eviction or losing your housing voucher or subsidy, you may be eligible for a free lawyer. Lawyers with the ACE Program can represent you in these kinds of cases:

• Failure to pay rent
• Breach of lease
• Tenant holding over
• Voucher or other subsidy terminations

To be eligible, you must be a tenant living in Maryland and have a household income at or below 50% of Maryland’s median income.

Call 211 and follow the prompts to evictions legal help or apply online.

Learn more on the Civil Justice website.

2026 Income eligibility guidelines