Tenant Eviction Process

When can landlords issue their tenants an eviction notice? How does the whole process of eviction take place? Questions like this and more need accurate answers for you to issue an eviction notice to the tenants. Here, is everything that you need to know about the eviction process in Maryland.

The timeline of the eviction process in Maryland

There are some of the aspects outside the landlord’s control that dictates over the time period taken to evict a tenant in Maryland. The estimates can vary greatly by including holidays and weekends. To give a general idea of the timeline of the whole eviction process here are some of the details.

Initial notice period

The notice period is in between 7 and 90 days, and it depends on the reason stated by the landlord for eviction.

Service/issuance of summons or complaints

Depending upon the service method used, it may take a few days to send a legal document by the court or concerned administrative government agency.

Court hearing or ruling on the eviction

Again, depending upon the reason for eviction it may take approx. 5 days. If a continuance is filed requested or appealed for in court, then the time may get extended for the processing of the eviction.

Issuance of Writ of Restitution

The reason for eviction decides whether the issuance of Writ of Restitution is going to take a few hours or a maximum of four days.

Return of Possession

Within 19-60 days of the date of issuing the Writ, the property needs to be evicted by the tenant. All the possessions need to be returned if it was a fully furnished place.

When can the landlord issue Notice of eviction

Evicting a tenant in Maryland is not an easy issue. While evicting a tenant in Maryland City it is mandatory to follow certain rules and regulations by the landlord. These rules have been set forth by state law. Let’s understand those rules and procedures.

Notice for eviction with cause

Before the tenancy expires, if you want to evict a tenant you need to have a strong legal cause. The most common one is an eviction for non-payment of rent. The landlord has the right to evict a tenant if he poses a threat to the property or people living in it. The property owner may also take action if the tenants violate the rental or lease agreement.

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If the eviction is due to the rent payment failure, then the landlord can do so before filing an eviction lawsuit against the tenant. If the rent is running late, then the property owner can go to court to file an eviction lawsuit against the tenant.

In other cases, the tenants may receive the following types of notices for eviction:

Fourteen-day notice to cure

If the landowner finds that the tenant or anyone with the tenant’s consent is posing a threat to the property or someone on the property, then the landowner has the right to issue a fourteen-day notice to cure. Through this notice, the tenants are warned to correct their behavior within 14 days or else they may file an eviction notice against the tenants.

Thirty-day notice to cure

If the tenant is known to violate any rental or lease agreement, which may not pose any threat to the members of the property or the property itself, then you can expect the landowner to give the tenant a thirty-day notice to cure. The agenda of this notice is to warn the tenant that he has 30 days to rectify the violation of the lease or rental or the property owner may go on to file an eviction lawsuit against them.

Notice for eviction without cause

If the property owner doesn’t find any legal cause to evict the tenant, then he will have to wait until the rental agreement ends, before he can ask them to move. In this case, the landowner can give their tenant certain types of notice, which will depend on the type of tenancy.

Month-to-month tenancy

The tenants usually go for a month to month rental agreement. If the landlord is planning to end the tenancy, they will have to provide a written one month notice to their tenants. This notice is to inform the renter that the agreement will end at the end of the month and they will have to move from the property by that time. If the tenant is unable to move by that time, then the property owner can file a lawsuit against the tenant.

Fixed-term lease

The landlord can think of ending the fixed-term lease of one or two years for some reason and it is not a legal one then they will have to wait for the term to end. If there is any such clause in the rental or lease agreement the landlord may issue a notice but if there is none then he will have to wait for the fixed term to end. The tenant refuses to leave the property by that time, then the property owner can issue a notice and file an eviction against the renter.

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Removal of the tenant

A tenant can be removed from the rental property only after the property owner has won the eviction lawsuit against the tenant. Even after winning the lawsuit, it not the property owner who has the right to remove the tenant but the law enforcement officer. Legal procedures for a tenant eviction in Maryland have a special rule that doesn’t allow landlords to force their tenants out through other means.

Type of eviction procedures

Based on the magnitude of violation there are three types of eviction processes.

Eviction process for non-payment of rent

The tenants may fail to make rental payments on time. In that instance, the landowners can move forward with the eviction process. The Maryland Law states that the rent is considered to be late after its due date. In the lease agreement, the grace period may be added but if there is no such period added then there can be trouble.

In such cases, landlords need not provide any prior written notice to evict such tenants. However, the tenants can stop the eviction process if they pay all the past-due rents before the eviction commences.  An eviction for non-payment of rent, the property owner can directly move on to filing complaint without issuing any notice periods to the tenants.

Eviction process for violation of a rental agreement or lease terms

The tenants are supposed to uphold all the responsibilities that have been signed by them underwritten rental or lease agreement. If they don’t do so in Maryland, they can be evicted. Property owners of Maryland are not supposed to give their tenants any opportunity to correct the lease violation under such circumstances. The landlords can simply proceed with the eviction process by giving them a 30-day notice to Quit. This gives the tenants approx. 30 days to move out of the property and avoid the procedure of the eviction.

If a renter damages the rental property, or keep a pet without a pet policy, or have too many people staying in the property without informing the landlord, then he will come under this category of eviction.

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Rental property owners can give their tenants a 14-day written notice if they are involved in harming or endangering other tenants, the property, or even the property owner. In this category, one can include illegal activity conducted by the renter as well. The tenants will have to move once the notice period is issued. If they do not do so, then the property owner can proceed with the eviction procedure.

Eviction process for end of lease or no lease

Some tenants may extend their stay even after their rental term has expired. In such a situation, the landlord may have to give the tenant an eviction notice. This can include even those tenants without a written lease, month-to-month tenants, and week-to-week ones also. This eviction notice includes those renters who are at the end of their rental agreement and property owners don’t want to renew the agreement.

Based on the type of tenancy, it will be decided as to how much time will be required in the notice period.

  • Month-to-month tenants – for the tenants who pay their rent on a month-to-month basis, then the property owner must give a 30-day notice to evict.
  • Week-to-week tenants – for the renters who pay their rent on weekly basis, the landowner must give a 7-day notice to evict their tenants.
  • Year-to-year – if the tenant has a tenancy from year to year, then the landlord must give a notice period of 90 days to evict.

The following notice periods are for the Maryland residents only and don’t include regions like Montgomery County or Baltimore. The tenant must move before the notice period time is up. If they don’t move the property owner may then have to proceed with the eviction procedure.