Maryland Eviction Notice Forms

In Maryland, if the tenant breaches a clause of their residential tenancy agreement, the landlord can evict them. The landlord may decide to use these Maryland eviction notice templates to create an eviction notice for the tenant before proceeding with starting a court action against them. The Maryland laws do not demand such an eviction notice template, but they might help resolve the conflict and prevent unwanted court hearings.

The causes for evictions could vary slightly from state to state and from contract to contract, but the primary reasons are usually similar. In Maryland, similarly to many other regions, the landlord can evict the tenant if they have committed the following breaches:

  • Failure to pay rent
  • Failure to vacate the property at the end of the lease (it is called “holding over”)
  • A breach of lease

The last point — a breach of the lease — can apply to different situations. An example would be having more people living in the property than the lease allows.

In Maryland, the state’s and the county attorneys and community associations can also start an eviction process against the tenant if the tenant has been involved in illegal drug-related activities.

Maryland Eviction Laws

In Maryland, there are several possible routes for the eviction process, especially when it comes to court hearings. Some cases are different from others. For example, it could be that the landlord needs to terminate the tenancy of a tenant who poses a danger to themselves, other people, or the landlord.

For all such breach of lease situations and the holding over cases, unlike in cases related to non-payment of rent, the period when the tenant can file an appeal is 10 days. The appeal time for the non-payment of rent rulings is four days.

The landlord and the tenant may try to resolve the non-payment of the rent situation themselves. No lease in the state of Maryland can ask for a late rent fee higher than five percent of the owned rent.

As we have mentioned before, the Maryland laws do not require that the landlord gives the notice to the tenant before submitting their complaint to the court. Landlords in Maryland usually need a notice when the lease is approaching the end. They have one month to provide the tenant with notice in these cases. The notices have to be in written form.

Eviction Notice Types Used in Maryland

Although the landlords in Maryland are free to go to court when they detect the breach of contract, they may want to give the tenant a notice first. Here we list the commonly used forms for eviction notices. Use our software to build one of the templates you need.

A Notice to Quit (for a Month-to-Month Lease)

In case the lease renews every month, and there is no fixed term for the tenancy, either of the parties may create a notice for letting the other know that they are ending the tenancy. It has to be done at least one month in advance.

A Notice to Quit (for Non-Compliance with the Lease)

If the tenant breaches the lease agreement in some way, the landlord may want to use this type of notice to see if the tenant would eliminate the problem. For example, if they have breached the lease by getting a pet, they may remove it from the property.

A Notice to Quit (for Non-Payment of Rent)

In cases when the tenant has been avoiding paying the rent, before starting the eviction, the landlord may want to give the notice to quit to the tenant first and see if they would cover the outstanding rent difference.

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Eviction Process in Maryland

  • Give the Notice

If the landlord thinks that the tenant may solve the issue without the involvement of the court, they may want to give notice to them first and see if they can settle it.

  • Begin the Eviction Process in Court

Here the landlord submits the documents to the court.

  • Attend the Hearing

The tenant will receive a Summons and has to attend the hearing. If they fail to do so, the landlord is most likely to win.

  • File for a Court Order

Within five working days from the decision, the landlord (if it was in their favor) can apply for a court order so that a marshall arranges the eviction.

Eviction Court Forms

  • Summons for a Breach of Lease

The court uses summons to notify the tenants that they are being sued and have to appear in court. This particular form relates to the summons for a breach of the lease.

  • Summons for Rent Non-Payment

This summons form notifies the tenant about the need to come to court after the landlord has started an eviction process against them for non-payment of rent. The summons form is served at least five days before the court date.

  • Warrant of Restitution

This form allows the eviction to happen. That would return the possession of the property to the landlord.

Published: Jan 6, 2021