Dc Cv 082 Form – Fill Out and Use This PDF

NOTICE TO THE TENANT

1.Your Landlord has asked the Court to evict you for failure to pay rent. Your case will be heard on the date and at the location shown on the other side. To request a foreign language interpreter or reasonable accommodation under the Americans with

Disabilities Act, please contact the Court immediately. Possession and use of cell phones and other electronic devices may be limited or prohibited in designated areas of the court facility.

2.If service of process has been made upon you by posting and mailing, only a judgment for possession can be entered against you. However, if you are personally served then a money judgment may also be entered against you.

3.If you have an oral or written lease that requires the Landlord to pay the gas or electric bill and you made payment(s) for utility service to a public utility provider and/or a security deposit or fee to open a new utility service account, the amount of those payment(s) can be deducted from the rent due.

4.The Court may include rent that becomes due after the filing of this complaint. If you have not paid all the money due to your Landlord by the trial date, the Judge may determine that you owe additional rent that has become due through the date of judgment.

5.If you have paid the rent by the trial date, you should come to Court on the trial date with your receipt and ask the Court to dismiss the case.

6.If you have a defense or think you do not owe the rent, you should come to Court and state the facts. You have a right to bring a lawyer to Court with you. BRING THIS PAPER WITH YOU TO COURT!

7.If the Court enters a judgment for the Landlord and orders you to move out, the Landlord may, on the fifth business day after the trial date, apply for a warrant for your eviction. Possession of the premises must be given to the landlord, or the landlord's agent or attorney, within 4 business days after the trial.

8.The warrant will be sent to the Constable or Sheriff who will then schedule an eviction if the rent has not been paid.

9.The Court may issue a Warrant of Restitution at any time after four business days from the date of judgment.

10.You have a right to pay the amount due at any time until the eviction begins, unless the Court has determined that because of the number of rent judgments which you have had in the past 12 months, you no longer have that right. The Warrant of Restitution which the Sheriff or Constable has will show whether the Court has ordered "No Right of Redemption" which means you may not pay the amount due to stop the eviction. The amount you are to pay will be shown on the Warrant of Restitution which the Constable or Sheriff has. The Court may issue a Warrant of Restitution at any time after four business days from the date of judgment.

11.Except in Baltimore City, the Sheriff or Constable will meet the Landlord at the premises to conduct the eviction. Your personal property may be removed from the premises. The Sheriff or Constable is not responsible for protecting your property.

IN BALTIMORE CITY ONLY

12.Special notice requirements apply to evictions. The landlord must provide notice to the tenant of the first scheduled eviction date in two separate ways:

•Mail the notice to the tenant by first class mail with a certificate of mailing at least 14 days in advance of the first eviction date; and

•Post the notice on the premises at least 7 days in advance of the first scheduled eviction date.

•The day of mailing or posting is Day 1. Day 14 must be no later than the day before the scheduled date

of eviction. Count holidays and weekends.

The tenant may challenge whether the notices were properly sent. If the tenant challenges the notices or if the Sheriff has doubt that the notices were properly given, the Sheriff will refer the issue to the Judge for decision. If the Judge determines that the landlord did not comply with the notice requirements, the eviction will be vacated/canceled and the landlord would be required to apply for a new Warrant of Restitution. If the notice challenge is determined in the landlord's favor, the Sheriff will execute the eviction immediately. On the day of the eviction when the Sheriff returns possession of the property to the landlord, any of the tenant's personal property left in or around the rental unit is considered abandoned. The tenant has no right to the property. The landlord's only obligation for abandoned property is to properly dispose of it.

•The landlord is strictly prohibited from putting the abandoned property in the street, the sidewalk, alleys, or on any public property. Anyone who illegally dumps abandoned property from an eviction is guilty of a misdemeanor and subject to a penalty of up to $1,000 for each day of unlawful dumping.

•The landlord may dispose of the abandoned property by transporting it to a licensed landfill or solid waste facility, donating

it to charity, or some other lawful means.

APPEAL

You may file an appeal within four business days from the date of the Judge's decision by filing a written request with the clerk of the District Court where the case was heard and paying the required appeal costs. (Any Saturday, Sunday or any legal holiday is not counted as part of the four-day time period.) An appeal bond must be posted in order to stay any execution of the judgment. An appeal does not stay the payment of future rent or eviction.

AVISO A LAS PERSONAS QUE HABLAN ESPAÑOL

(NOTICE TO SPANISH SPEAKING INDIVIDUALS)

Esta es una denuncia por incumplimiento de pago de la renta. La traducción al español de este formulario se encuentra en el Internet en: http://www.mdcourts.gov/district/forms/civil/dccv082bls.pdf

El folleto informativo en español también se encuentra en el Internet en: http://www.mdcourts.gov/district/forms/civil/dccv082tbrs.pdf

Usted también podrá llevar este formulario a la Oficina del Secretario del Tribunal de Distrito, a la dirección que aparece en la parte de arriba del reverso de este formulario, y el secretario le entregará una traducción impresa, el folleto en español y proporcionará la asistencia de un intérprete si es necesario.

This is a complaint for failure to pay rent. A Spanish translation of this form is available on the Internet at: http://www.mdcourts.gov/district/forms/civil/dccv082bls.pdf

A Spanish informational brochure is also available online at: http://www.mdcourts.gov/district/forms/civil/dccv082tbrs.pdf

You may also take this form to the District Court Clerk's Office at the address at the top on the reverse side of this form and the clerk will provide you with the printed translation, Spanish brochure and Interpreter assistance, if needed.