How to Evict a Tenant in Maryland (2026)
The legal steps for landlords in Maryland — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Maryland a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Source: Md. Code, Real Prop. § 8-401(c) |
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| Lease violation | 30 days' written notice that the tenant is in violation of the lease and that the landlord wants to repossess; 14 days' written notice if the breach involves behavior showing a clear and imminent danger of serious harm. The court may evict only if it finds the breach was substantial and warrants eviction. |
| Ending a month-to-month tenancy (no fault) | Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year). |
Local rent-control or just-cause rules can limit evictions: No statewide rent control or statewide cap on rent increases. Local jurisdictions may adopt rent regulation (statewide preemption not found).
Step 2: Write and deliver the notice correctly
| What the notice must say | Before filing for failure to pay rent, the landlord must give written notice of intent to file in District Court if the tenant does not cure within 10 days. The notice must be on the form created by the Maryland Judiciary. It is delivered by first-class mail with certificate of mailing, by posting on the door of the premises, or, if the tenant has elected it, by email, text or electronic tenant portal with proof of transmission. The complaint must state the date the notice was given, and the tenant may challenge that date. Source: Md. Code, Real Prop. § 8-401(c) |
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| How it must be delivered | The 10-day notice of intent to file a nonpayment case must use the Judiciary's form and be delivered by first-class mail with a certificate of mailing, affixed to the door, or, if the tenant elected it, by email, text or tenant portal with proof of transmission. Rent-increase notices go by first-class mail with a certificate of mailing or, if the tenant elects, electronically; a lease can't require electronic notice of rent increases. If the landlord hasn't listed its name and address (in the lease or a posted sign), tenants may send notices to whoever receives rent, where rent is paid, or the tax-bill address. |
Notice forms:
- Maryland notice to pay rent or quit — requirements and free draft
- Maryland notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Maryland are heard in: District Court of Maryland (in the county where the property is located); appeals to the circuit court.
- Notice: for unpaid rent, written 10-day notice of intent to file (form DC-CV-115) (§ 8-401(c)); for breach of lease, 30 days' written notice (14 days for clear and imminent danger) (§ 8-402.1); for holdover, written notice to quit per § 8-402(c) (60 days for month-to-month).
- Landlord files a sworn complaint in District Court (failure to pay rent: form DC-CV-082) stating rent and late fees due (§ 8-401(b)).
- Summons issued; sheriff/constable mails notice and serves or posts it. In failure-to-pay-rent cases the trial is set for the fifth day after filing (§ 8-401(b)(4)). A money judgment against a residential tenant requires personal service.
- Trial: court may adjourn up to 1 day (longer only by consent). Tenant may pay all rent, late fees, and costs at trial to end the case (§ 8-401(e)).
- Judgment for possession: in rent cases, possession must be surrendered within 4 days after trial (extendable by physician's certificate up to 15 days); if not within 7 days, landlord may petition for a warrant of restitution (form DC-CV-081) (§ 8-401(e)-(f)). The Judiciary's housing page describes the wait as 7 business days.
- Landlord must order the warrant within 60 days of judgment (or end of any stay) or the judgment is stricken; warrant expires if not acted on within 60 days (§ 8-401(f)).
- Landlord must give the tenant written notice at least 6 days before the scheduled eviction (local jurisdictions may set 4 to 14 days) (§ 8-407(b), (e)).
- Removal by the sheriff or constable. Evictions are stayed day-to-day for extreme weather (32°F or below, winter storm/blizzard, hurricane/tropical storm, or excessive heat warnings) (§ 8-401(f)). No evictions on Sundays or holidays (Md. Judiciary).
Court timing: No written answer required in rent cases; failure-to-pay-rent trial is scheduled for the fifth day after the complaint is filed (§ 8-401(b)(4)). Appeal: within 4 days of judgment in rent cases (§ 8-401(i)) — Judiciary materials describe this as 4 business days — and within 10 days in breach-of-lease cases (§ 8-402.1(b)(2)). Right of redemption: tenant may stop a rent eviction by paying all amounts due plus court costs before the eviction is executed, unless the tenant had 3 possession judgments for unpaid rent in the prior 12 months (4 in Baltimore City, per the Judiciary) (§ 8-401(h)).
Source: Md. Code, Real Prop. §§ 8-401, 8-402, 8-402.1, 8-407; Maryland Judiciary, Housing / Eviction Cases
How long it takes to evict a tenant in Maryland
For unpaid rent, the notice period is 10 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Maryland
Court filing and service fees are set locally. Verified fees in the largest Maryland counties:
| County | Filing and service fees |
|---|---|
| Montgomery County (Rockville, Silver Spring) | Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff/constable fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City). |
| Baltimore City | Failure to Pay Rent (summary ejectment), Baltimore City: $60 filing + $5 service per location (+$5 per tenant if personal service requested). Tenant Holding Over or Breach of Lease (Baltimore City): $66. Wrongful Entry & Detainer: $56. Warrant of Restitution (Baltimore City): $10 filing + $40 sheriff fee per case. |
| Prince George's County (Upper Marlboro, Hyattsville) | Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff/constable fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City). |
| Baltimore County (Towson) | Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff/constable fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City). |
| Anne Arundel County (Annapolis) | Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City). |
| Howard County (Ellicott City) | Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City). |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year). |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Wrongful detainer action in District Court against anyone who holds real property without a right to possession, where no landlord-tenant (Title 8) remedy applies. The court must summon the occupant at once, and the hearing must be held no more than 10 business days after the complaint is filed. If the occupant cannot be found after two good-faith attempts on different days, the process server files an affidavit, sends the complaint by certified and first-class mail, and posts the summons on the property. Service must be completed within 4 business days of filing. No counterclaims are allowed. If the owner wins, the court orders restitution and issues a warrant to the sheriff or constable. Damages, costs and attorney fees are available if claimed and the occupant was personally served. Either side may appeal within 10 days. Source: Md. Code, Real Prop. § 14-132 |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Prohibited. A landlord may not take or threaten to take possession by locking out the tenant, willfully cutting heat, running water, hot water, electricity, or gas to force the tenant out, or by any other action. Possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment/surrender. Remedy: actual damages plus reasonable attorney's fees and costs; other remedies also available. Source: Md. Code, Real Prop. § 8-216 |
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| Retaliation | Landlord may not bring or threaten a possession action, arbitrarily raise rent or reduce services, or terminate a periodic tenancy because the tenant made a good-faith complaint (to the landlord or a public agency) about a lease/law violation or a substantial health or safety threat, sued or testified in a suit involving the landlord, joined a tenants' organization, or called police/emergency services. Remedy: damages up to 3 months' rent plus reasonable attorney's fees and costs. Source: Md. Code, Real Prop. § 8-208.1 |
| Accepting rent after the notice | In tenant-holding-over cases, accepting any payment after notice but before eviction does NOT waive the notice to quit, notice of intent to vacate, or judgment for possession, unless the parties specifically agree otherwise in writing. Accepted payments go first to rent through the date the landlord recovers possession, then costs and damages; any excess is returned like a security deposit. In nonpayment cases, the tenant can redeem ('pay and stay') by paying all past-due amounts set by the court plus costs and fees any time before the eviction is actually carried out. This right is lost after 3 rent judgments in the prior 12 months. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Maryland eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Maryland?
Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given.
How much does it cost to evict a tenant in Maryland?
Court fees are set locally — for example, Montgomery County (Rockville, Silver Spring): Failure to Pay Rent (summary ejectment): $50 filing + $5 service for each tenant of record. Tenant Holding Over, Breach of Lease, or Wrongful Entry & Detainer: $56 filing. Warrant of Restitution: sheriff/constable fee $40 per case (the schedule shows no filing-fee amount for counties outside Baltimore City).
Can a landlord change the locks to evict a tenant in Maryland?
Prohibited. A landlord may not take or threaten to take possession by locking out the tenant, willfully cutting heat, running water, hot water, electricity, or gas to force the tenant out, or by any other action. Possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment/surrender. Remedy: actual damages plus reasonable attorney's fees and costs; other remedies also available.
How do you evict a tenant without a lease in Maryland?
Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year).
← All Maryland landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.