General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Before filing a failure to pay rent case, the landlord must give the tenant written notice, on a form created by the Maryland Judiciary, that the landlord will file if the tenant does not pay within 10 days.
- For a breach of lease, the landlord gives 30 days of written notice before filing, or 14 days when the tenant's conduct shows a clear and imminent danger of serious harm.
- State law does not require a reason to end a month to month tenancy or a lease at the end of its term, but the landlord must give at least 60 days of written notice; some localities add just cause rules.
- Landlord and tenant cases are filed in the District Court of the county where the property is located.
- In a nonpayment case the summons sets trial for the fifth day after the complaint is filed, and the tenant answers at that trial. In practice many courts schedule trial later than the statutory date.
Maryland eviction cases are heard in the District Court. Before filing a nonpayment case, a landlord must give the tenant 10 days of written notice on the Judiciary's form, and a tenant can usually stop the eviction by paying everything owed before it is carried out.
Maryland eviction process at a glance
| Rule | Maryland | Law |
|---|---|---|
| Notice for unpaid rent | Before filing a failure to pay rent case, the landlord must give the tenant written notice, on a form created by the Maryland Judiciary, that the landlord will file if the tenant does not pay within 10 days. | Md. Code, Real Property 8-401 |
| Notice for a lease violation | For a breach of lease, the landlord gives 30 days of written notice before filing, or 14 days when the tenant's conduct shows a clear and imminent danger of serious harm. | Md. Code, Real Property 8-402.1 |
| Ending a tenancy without cause | State law does not require a reason to end a month to month tenancy or a lease at the end of its term, but the landlord must give at least 60 days of written notice; some localities add just cause rules. | Md. Code, Real Property 8-402 |
| Where the case is filed | Landlord and tenant cases are filed in the District Court of the county where the property is located. | Md. Code, Real Property 8-401 and 8-402 |
| Tenant response time | In a nonpayment case the summons sets trial for the fifth day after the complaint is filed, and the tenant answers at that trial. In practice many courts schedule trial later than the statutory date. | Md. Code, Real Property 8-401 |
| Removal after judgment | The judgment orders possession within four days after trial; the landlord then has 60 days to request a warrant of restitution, which a sheriff or constable carries out, or the judgment is struck. Either side may appeal within 4 days of the judgment. | Md. Code, Real Property 8-401 |
| Typical overall timeline | A nonpayment case often takes about one to two months from the 10 day notice to the eviction. | Court practice (estimate) |
Notices before an eviction in Maryland
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. Before filing a failure to pay rent case, the landlord must give the tenant written notice, on a form created by the Maryland Judiciary, that the landlord will file if the tenant does not pay within 10 days. (Md. Code, Real Property 8-401)
Notice for a lease violation. For a breach of lease, the landlord gives 30 days of written notice before filing, or 14 days when the tenant's conduct shows a clear and imminent danger of serious harm. (Md. Code, Real Property 8-402.1)
Ending a tenancy without cause. State law does not require a reason to end a month to month tenancy or a lease at the end of its term, but the landlord must give at least 60 days of written notice; some localities add just cause rules. (Md. Code, Real Property 8-402)
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Landlord and tenant cases are filed in the District Court of the county where the property is located. (Md. Code, Real Property 8-401 and 8-402)
Filing costs. District Court filing fees and surcharges are set by the Judiciary and the legislature and change over time; check the current District Court cost schedule. (District Court of Maryland cost schedule)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. In a nonpayment case the summons sets trial for the fifth day after the complaint is filed, and the tenant answers at that trial. In practice many courts schedule trial later than the statutory date. (Md. Code, Real Property 8-401)
Judgment and getting possession back
Removal after judgment. The judgment orders possession within four days after trial; the landlord then has 60 days to request a warrant of restitution, which a sheriff or constable carries out, or the judgment is struck. Either side may appeal within 4 days of the judgment. (Md. Code, Real Property 8-401)
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. A landlord may not lock out a tenant, threaten to, or cut services to force a move out; possession can be taken only under a court warrant carried out by a sheriff or constable, or after abandonment or surrender. (Md. Code, Real Property 8-216)
Recent changes to know about
Recent changes. The Renters' Rights and Stabilization Act of 2024 (HB 693, Chapter 124), effective in stages from October 1, 2024, created an Office of Tenant and Landlord Affairs and limited most security deposits to one month's rent. (Md. Code, Real Property 8-203 (HB 693, 2024))
Recent changes. The Tenant Safety Act of 2024 (HB 1117, Chapter 125), effective October 1, 2024, broadened the rent escrow remedy and lets several tenants join one case. (Md. Code, Real Property 8-211 (HB 1117, 2024))
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 10 days | Md. Code, Real Property 8-401 |
| Notice period for a lease violation | 30 days | Md. Code, Real Property 8-402.1 |
| Tenant response after the case is served | 5 days | Md. Code, Real Property 8-401 |
| From judgment to removal | 4 days | Md. Code, Real Property 8-401 |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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General information, not legal advice.
Verify current law
We last checked these Maryland rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Maryland attorney about your situation.
Laws named on this page
- Md. Code, Real Property 8-401
- Md. Code, Real Property 8-402.1
- Md. Code, Real Property 8-402
- Md. Code, Real Property 8-401 and 8-402
- District Court of Maryland cost schedule
- Md. Code, Real Property 8-216
- Md. Code, Real Property 8-203 (HB 693, 2024)
- Md. Code, Real Property 8-211 (HB 1117, 2024)
Official sources
Maryland forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
How much notice does a Maryland landlord give for unpaid rent?
Before filing a failure to pay rent case, the landlord must give the tenant written notice, on a form created by the Maryland Judiciary, that the landlord will file if the tenant does not pay within 10 days. Source: Md. Code, Real Property 8-401.
How long does a tenant in Maryland have to respond to an eviction case?
In a nonpayment case the summons sets trial for the fifth day after the complaint is filed, and the tenant answers at that trial. In practice many courts schedule trial later than the statutory date. Source: Md. Code, Real Property 8-401.
Can a Maryland landlord change the locks instead of going to court?
A landlord may not lock out a tenant, threaten to, or cut services to force a move out; possession can be taken only under a court warrant carried out by a sheriff or constable, or after abandonment or surrender. Source: Md. Code, Real Property 8-216.
How long does an eviction take in Maryland?
A nonpayment case often takes about one to two months from the 10 day notice to the eviction. Source: Court practice (estimate).
Which court hears eviction cases in Maryland?
Landlord and tenant cases are filed in the District Court of the county where the property is located. Source: Md. Code, Real Property 8-401 and 8-402.