How to Evict a Roommate in Maryland (and Other Household Situations)
What Maryland law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Maryland's eviction statutes cover not only the tenant but also 'someone holding under the tenant', and court summonses go to the 'tenant, assignee, or subtenant' or person in actual possession. A roommate who lives in the unit through the leaseholder can therefore be bound by an eviction against the tenant and is liable for holdover damages. Whether a roommate is a tenant of the owner, a subtenant or a guest depends on the facts. Md. Code, Real Prop. §§ 8-401(b), 8-402(a)-(b)
| Roommate not on the lease | Maryland's eviction statutes cover not only the tenant but also 'someone holding under the tenant', and court summonses go to the 'tenant, assignee, or subtenant' or person in actual possession. A roommate who lives in the unit through the leaseholder can therefore be bound by an eviction against the tenant and is liable for holdover damages. Whether a roommate is a tenant of the owner, a subtenant or a guest depends on the facts. |
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| Removing a roommate or subtenant | No statute sets a special process for a tenant removing a roommate. A person entitled to possession who wants to remove a periodic or at-will occupant gives the required written notice to quit and, if the occupant stays, files a tenant-holding-over complaint in District Court; if no landlord-tenant remedy applies, a wrongful detainer complaint is available. Landlords may not lock out tenants or cut off utilities; possession may be taken only under a court warrant of restitution executed by a sheriff or constable. Notice periods for month-to-month tenancies are 60 days from the landlord (7 or 21 days for week-to-week). |
| Guests who won't leave | No statute sets when a guest becomes a tenant. A person who holds possession of real property without the right of possession, where no landlord-tenant remedy under Title 8 applies, can be removed through a wrongful detainer complaint in District Court; the hearing must be held within 10 business days after filing. The Maryland courts describe wrongful detainer as the action used when someone who is not a lawful occupant refuses to leave. If the guest has become a tenant (for example, by paying rent under an agreement), the landlord-tenant procedures in Title 8 apply instead. Source: Md. Code, Real Prop. § 14-132 |
| Removing a family member or partner | No statute specifically addresses removing a family member or partner who has no lease. Maryland's wrongful detainer action is available against any person who holds possession without the right of possession where no Title 8 landlord-tenant remedy applies. Where there is abuse, a protective order may also address who stays in the home. Source: Md. Code, Real Prop. § 14-132 |
| Tenancy at will | Where a tenancy is at will and the landlord wants possession, the landlord gives notice to quit to the tenant or person in actual possession and, if they refuse to leave, may file a complaint in District Court for restitution of the property. The statute's listed notice periods cover stated-term, year-to-year, month-to-month (60 days) and week-to-week (7 days with a written lease, 21 days without) tenancies. Local laws, such as in Baltimore City or Montgomery County, may add requirements. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Maryland eviction laws · Free legal help in Maryland · Roommate rules in other states
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.