If you’re a landlord or property manager in Maryland, knowing the ins and outs of eviction is important. The process can be complicated, and many rules and regulations must be followed and adhered to. In this post, we’ll cover the information you need to know about eviction in Maryland, including the difference between an eviction notice and a lease termination notice, grounds for eviction, costs of an eviction, notification requirements, and the actual eviction process.
What is the difference between an eviction notice and a lease termination notice?
Eviction notices and lease termination notices serve two distinct purposes when it comes to the relationship between landlords and tenants.
Eviction notices, AKA a Warrant of Restitution, can only be issued by the district court. They are a legal order for the sheriff or constable to take possession of the property and return it to you.
On the other hand, lease termination notices are served when either party wishes to end the tenancy agreement at it expiration date. There is no requirement for a judge to sign or approve a lease termination notice, and there is also no requirement for the tenant to vacate, in which case they are considered a Holdover tenant; however, you are still required to follow the law when you issue one.
Grounds For Eviction-What Can A Tenant Be Evicted for in Maryland?
1.) Lease Violations:
This is known as a Breach Of Lease, and the burden of proof is extremely high, thus making these cases difficult to win successfully. The law states that the violation must be substantial such as destruction of property, criminal activity, danger to others, or extremely hazardous living conditions. Before filing a Breach Of Lease, you must provide a notice of the breach. You need to be specific regarding what clause was breached and what activities were involved with the breach.
Also included in the notice is the timeframe to remedy the situation. For most violations that are not a life, safety, or health concern, the tenant will be given 30 days’ notice.
For more serious violations, such as illegal activity on the property, they will be given 14 days’ notice. If the tenant does not remedy the situation within the specified time frame, you can start the process by filing a breach of the lease with the district court by filing a Brech of lease Case.
2.) Non-Payment Of Rent:
A landlord may start eviction proceedings when a tenant has not paid rent by the due date. Eviction for nonpayment of rent is an arduous process. To successfully complete the eviction, you will need to follow the steps below.
- Serving a Notice of Intent to File
- Filing the FTPR & Attend the hearing
- Filing the Warrant of Restitution
- Eviction Day
Filing an eviction in Maryland requires specific paperwork depending on where you live within Maryland; each county has different requirements. Generally speaking, though, the first step is to notify the tenants of your intent to file an eviction case via the official district court form DCCV-115 Notice of Intent to File form. (District Court form DCCV-115)
After properly serving your tenant with the Notice Of Intent To File, you must wait ten business days before filing the Failure To Pay Rent complaint. This is done on District Court Form DCCV-082.
Once the complaint is filed with the District Court, you or your agent will be assigned a case number and a hearing date. If the judgment is granted at the hearing, you will still need to wait 4 business days to file the warrant of restitution.
Once the warrant has been obtained, you can get the eviction scheduled. Remember that your tenant has all the way up until the sheriff signs the paperwork to pay the judgment amount unless you requested “No Right Of Redemption.” No Rights need to be requested on the FTPR filing form and will only be granted if you have at least 3 prior cases
3.) Holding Over
Nonrenewal of the lease agreement after lease expiration, AKA Tenant Holding over. If you have provided proper notice to your tenant to vacate the property, and they do not vacate by the date. You can file a complaint for tenant holding over with the district court. This is covered in another post which can be found here.
What Are The Costs Of Eviction In Maryland?
The cost to evict a tenant in Maryland depends on the circumstances surrounding the situation and how long the process takes. There are many factors to consider on top of the actual cost of filing, including lost rent, unit turnover, tenant placement fees if you are using a professional property manager, lock changes, trash removal, and lost time at work and with family if you are not using a professional rent court company. All of these factors mean that the cost can vary significantly, ranging from a few hundred dollars to thousands if all factors are considered.
How Long Does It Take For A Landlord To Evict A Tenant In Maryland?
Evictions in Maryland are regulated by state law as well as local laws in your property’s jurisdiction. In Baltimore City, for example, the entire process from start to finish can take 90-120 days, whereas, in other jurisdictions, the process can take as little as 30 days.
What Defense Does A Tenant Have?
Tenants have a couple of defenses during the hearing these include:
Filing A Rent Escrow:
This is by far the most commonly used defense. If your tenant claims that there are conditions in the property that violate the life, safety, or general habitability of the dwelling, they may be instructed to file a rent escrow case. Examples of claims in a rent escrow are:
- Lack Of Hot or Cold Water. Except where the tenant is responsible for payment.
- Lack Of Heat.
- Inadequate sewage disposal.
- Structural defects.
- A condition that presents a fire hazard.
Breach Of Quite Enjoyment
This defense is more common when a tenant has been withholding rent. In this defense, the tenants are making a claim that you, as the landlord, have failed to control disturbances in a property caused by another resident even though you have the authority to do so.
Illegal Lockouts & Entry
Entering a unit without notice, changing the locks, and or intentional diminution of landlord-provided services are examples of illegal lockouts, also known as self-help eviction. This is illegal, and you can be criminally prosecuted as well as face civil fines and penalties for this.
Noncompliance With Property Licensure Requirements:
If you failed to obtain the proper permits and certifications before renting the property, your tenant could use this as a defense. In some Maryland jurisdictions, you must obtain a rental license to rent the property legally. For example, in Baltimore City, all dwelling units must be registered as rentals, and if the property was built before 1978, a Lead Certificate is also required. Failure to obtain these two vital permits will result in your case being dismissed; sometimes, the case is dismissed with prejudice, meaning you can not file the rent case for those months again with the district court.
Can A Tenant Halt Eviction Proceedings In Maryland?
In short, Yes. There are three ways that a tenant can accomplish this.
Appealing An Eviction Ruling:
Remember that even though you may have won your case in court, the tenant may still try to appeal the ruling. If they do choose to appeal, they must do so within 4 business days of receiving the judgment for possession. This does not always stop the process, but it is an option.
Payment Of Back Rent:
Your tenant can pay the back amount of rent owed. This only includes the money awarded to the landlord in a judgment and may not include all the money due to you.
Filing Bankruptcy:
The tenant can file for bankruptcy in Chapter 7 or 13. This will stay the court proceedings and stop any pending evictions. It is also important to note that you must stop any debt-collection correspondence. This could include letters, text messages, phone calls, and messages from an automated system you may have.
Conclusion:
Eviction in Maryland is a complicated legal process, and it is important for landlords to understand the steps involved. No one wants to go through with eviction, but sometimes it becomes necessary. By understanding Maryland’s eviction process and knowing your rights as a landlord, you can ensure that everything is done correctly if you ever find yourself in this situation, contact the experts at Baltimore Rent Court Agents; we understand your situation and can assist you in getting back on track today!