Filing Failure To Pay Rent- Best Practices & Requirements For Landlords and Property Managers.
When a tenant fails to pay their monthly rent on time, landlords and property managers in Maryland have the legal right to file a failure to pay rent complaint with the courts. This process can be arduous, but having the necessary knowledge base will help to mitigate challenging situations and make for a smooth and efficient voyage.
What is a failure to pay rent compliant?
A failure to pay rent complaint is the second step in the Maryland Eviction Process after drafting and serving the Notice Of Intent. You must use District Court form DC-CV-082 to submit your complaint to the District Court.
To correctly complete the form, you will need the tenant ledger, lead certificate information if the property was built before 1978, and the rental license or property registration number if the property is required to be licensed. If you do not have a license or a lead certificate and one or both are required to rent the property legally, your case will most likely be dismissed. Once you submit the filing to the court, you will be assigned a case number and a hearing date. At the hearing, the tenant will need to prove that they do not owe the landlord the amount in question if they cannot do so. Usually, a judgment is granted in favor of the landlord.
What Are The Legal Requirements To File A Case?
One of the issues that we encounter quite often is that landlords are not adequately educated on the requirements that your property must meet to begin an eviction filing. Therefore the property needs to be brought into compliance before a case can be filed in District Court. Not all of the requirements on the list below may need to be met for your property depending on several factors, such as location and year built.
- 10 Day Notice of Intent To File ( Required for all cases)
- Property Registration Document (If property licensing or registration is required by law)
- Lead Certification ( For Affected Properties Only)
- Executed Lease Agreement ( Unless you have a verbal lease)
- Tenant Ledger
- DOD Verification
- For corporate owned properties, your entity must be in good standing with the state.
What Do I Need To Take To Court?
Take the following documents with you to court on the day of your hearing:
- Your FTPR compliant
- A copy of the tenant ledger
- A copy of your rental license
- A copy of your lead certificate
- A copy of your lease agreement
- A copy of the Notice of Intent To File that you served on the tenant, along with a copy of the certificate of the mailer.
In conclusion
Filing a failure to pay rent notice in Maryland can be tedious for the uninitiated. In most jurisdictions, including Baltimore City, you cannot file online. This can be the cause of many headaches for a busy landlord. By following the steps we have outlined here and in our other posts, you will give yourself a good chance of winning your case.
If you are searching for a Baltimore Rent Court Agent, who can help you navigate the eviction process, contact us today!