Eviction in Montgomery County (Rockville, Silver Spring), Maryland
Where eviction cases are filed in Montgomery County (Rockville, Silver Spring), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in Montgomery County (Rockville, Silver Spring)
- Eviction court
- District Court of Maryland for Montgomery County — District Court of Maryland (state trial court of limited jurisdiction; hears all landlord-tenant cases) Court page
- Filing fee
- 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). District Court of Maryland Cost Schedule, DCA-109 (Rev. 03/2026), listed on mdcourts.gov/courts/feeschedules as effective March 1, 2026
- Notice before filing (state law)
- 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. Maryland rules
- HUD Fair Market Rent, 2-bedroom (FY2026)
- $2,246/month HUD
- Renter households
- 135,071 (35% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-22
Where eviction cases are filed in Montgomery County (Rockville, Silver Spring)
Eviction cases in Montgomery County (Rockville, Silver Spring) are heard by the District Court of Maryland for Montgomery County (District Court of Maryland (state trial court of limited jurisdiction; hears all landlord-tenant cases)).
- District Court - Rockville — 191 East Jefferson Street, Rockville, MD 20850 · website
- District Court - Silver Spring — 8552 Second Avenue, Silver Spring, MD 20910-3364 · website
Court eviction page · Search court records · Self-help center
Civil/landlord-tenant clerk: 301-563-8800. Evictions after a Warrant of Restitution are carried out only with the Montgomery County Sheriff present; the Sheriff does not tell tenants the exact date and time, but tenants can call 240-777-7130 to ask whether an eviction is scheduled at their address.
How much it costs to file an eviction in 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).
Filing fees include state surcharges (e.g., rental-assistance and records-improvement surcharges). Advance payment of costs is not required when the filer is represented by Maryland Legal Aid, JUDICARE, or a recognized pro bono/legal services program (per the schedule). Ask the clerk about waiver of prepaid costs if you cannot afford them.
How eviction cases work locally
| Writ execution by Sheriff | After a Warrant of Restitution is issued, the landlord schedules the eviction with the Montgomery County Sheriff, who must be present. In failure-to-pay-rent cases a tenant can usually stop the eviction by paying the judgment (cash, certified check or money order) before the Sheriff executes it, unless a judgment absolute was entered (three rent judgments in 12 months). Source: Official source |
|---|---|
| Office of Landlord-Tenant Affairs (OLTA) | DHCA's OLTA enforces County Code Chapter 29 and helps resolve landlord-tenant disputes free of charge, but it is separate from the court: an OLTA complaint does not stay a District Court case. Contact via MC311 (240-777-0311). Source: Official source |
The Maryland eviction process
Maryland state law sets the notice periods and court steps everywhere in the state, including Montgomery County (Rockville, Silver Spring):
- 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)).
Full Maryland eviction rules with sources →
Rent in Montgomery County (Rockville, Silver Spring)
HUD FY2026 Fair Market Rents for the Washington-Arlington-Alexandria, DC-VA-MD HUD Metro FMR Area (the rent levels used for Section 8 vouchers):
| Studio | $1,953 |
|---|---|
| 1 bedroom | $2,015 |
| 2 bedrooms | $2,246 |
| 3 bedrooms | $2,835 |
| 4 bedrooms | $3,332 |
Source: HUD Fair Market Rent documentation
Median gross rent in Montgomery County (Rockville, Silver Spring): $2,068/month (Census ACS 2020–2024 5-year estimates).
Metro-wide FMRs shown. HUD designates this area for Small Area FMRs (ZIP-code-level) for Housing Choice Voucher programs; ZIP-level values are on the county summary page.
Montgomery County Rent Stabilization Law (Bill 15-23; County Code Ch. 29, Secs. 29-56 to 29-62) and Landlord-Tenant Relations (County Code Ch. 29)
Applies: County-licensed rental units in Montgomery County outside the municipalities of Gaithersburg, Rockville, Takoma Park, Barnesville and Laytonsville (rent stabilization)
- Annual rent increase cap: 5.2% for July 1, 2026 - June 30, 2027 (CPI-U 2.2% + 3%). Formula: lesser of CPI-U + 3% or 6%.
- Covered units: County-licensed rental units at least 23 years old (age based on SDAT 'Year Built'), unless otherwise exempt.
- Frequency and notice: Rent on regulated units may rise only once every 12 months, at renewal or a new lease; 90 days' written notice is required before any rent increase (regulated and exempt units).
- Banked rent / troubled properties: Unused allowance may be banked, but total increase including banked rent cannot exceed 10% of current rent. Properties on the County's Troubled or At-Risk list cannot raise rent until removed.
Eviction help in Montgomery County (Rockville, Silver Spring)
Free legal help
- Maryland Access to Counsel in Evictions (ACE) — Eligible tenants; call 2-1-1 and say you need legal help with an eviction case, or use the online intake.
- Maryland Legal Aid — Free civil legal services for eligible low-income Marylanders; intake 888-465-2468.
Right to counsel: Maryland Access to Counsel in Evictions (ACE), a statewide program: tenants living in Maryland with household income at or below 50% of Maryland's median income may get a free lawyer in failure-to-pay-rent, breach-of-lease and tenant-holding-over cases (and voucher/subsidy terminations). Call 211 or apply via the ACE website. Source
Rental assistance
- Montgomery County DHCA - Resources for Tenants Facing Eviction / HHS Homelessness Prevention — County eviction-prevention and emergency assistance referrals
Other Maryland counties
- Eviction in Baltimore City
- Eviction in Prince George's County (Upper Marlboro, Hyattsville)
- Eviction in Baltimore County (Towson)
- Eviction in Anne Arundel County (Annapolis)
- Eviction in Howard County (Ellicott City)
Related
- Maryland landlord-tenant law
- How long an eviction takes in Maryland
- Maryland eviction notice periods
- Notice deadline calculator
- How to evict a tenant in Maryland (landlords)
Frequently asked questions
Where do I file an eviction in Montgomery County (Rockville, Silver Spring)?
How much does it cost to file an eviction in Montgomery County (Rockville, Silver Spring)?
Where can I get help with an eviction in Montgomery County (Rockville, Silver Spring)?
What is the fair market rent in Montgomery County (Rockville, Silver Spring)?
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.