Maryland evictions for unpaid rent move fast. Once the landlord files, trial is set for the fifth day, and a tenant who loses has four days to leave or appeal [1]. But a tenant behind on rent can usually stop the eviction by paying everything owed, right up until the sheriff or constable carries it out [1].
At a glance
- Notice before filing
- 10 days to pay [1]
- Trial
- 5th day after filing [1]
- Appeal
- Within 4 days of judgment [1]
- Pay to stay
- Any time before the eviction is carried out [1]
- Weather stay
- At 32°F or lower, storms or extreme heat [1]
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Notice of intent to file 10 days to catch up
Before filing for unpaid rent, the landlord must give written notice of intent to file. The case can be filed only if the tenant doesn't pay within 10 days. The notice can be mailed with a certificate of mailing, posted on the door, or sent electronically if the tenant agreed.
Md. Code, Real Prop. § 8-401
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Failure to Pay Rent complaint After the 10 days
The landlord files a sworn complaint in the District Court for the county. The sheriff or constable mails the summons and, if the tenant isn't served in person, posts a copy on the property.
Md. Code, Real Prop. § 8-401
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Trial The 5th day after filing
Trial is set for the fifth day after the complaint is filed. The court can postpone it up to one day, or longer only if both sides agree.
Md. Code, Real Prop. § 8-401
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Judgment and appeal 4 days
If the landlord wins, the tenant must give up the home within 4 days after trial. Either side can appeal to circuit court within 4 days; a tenant has to post a bond to stop the eviction during the appeal.
Md. Code, Real Prop. § 8-401
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Warrant of restitution After 7 days; must be ordered within 60
If the tenant hasn't left within 7 days, the court can issue a warrant. The landlord has to request it within 60 days of the judgment, and it expires if not carried out within 60 days.
Md. Code, Real Prop. § 8-401
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Eviction by the sheriff or constable Paused in severe weather
Only a sheriff or constable can carry out the eviction. Until it happens, most tenants can still stop it by paying everything owed plus costs in cash, certified check or money order.
Md. Code, Real Prop. §§ 8-401, 8-216
The notice comes first
Before filing for unpaid rent, the landlord has to give the tenant written notice of intent to file. The case can only be filed if the tenant doesn’t pay within 10 days after the notice [1]. The notice must be on a form created by the Maryland Judiciary. The landlord can mail it with a certificate of mailing, post it on the door, or send it by email, text or a tenant portal if the tenant chose electronic delivery. The complaint has to say when the notice was given [1].
The court case
The landlord files a sworn complaint in the District Court for the county where the home is. It has to list the rent and late fees owed [1]. The sheriff or constable mails the summons by first-class mail and, if the tenant isn’t served in person, posts a copy on the property [1].
Trial is set for the fifth day after filing. The court can postpone it by one day, and longer only if both sides agree [1].
| Item | Rule |
|---|---|
| Notice of intent to file | Tenant gets 10 days to pay |
| Trial date | The 5th day after filing |
| Leaving after judgment | Within 4 days of trial (up to 15 with a doctor's certificate) |
| Appeal to circuit court | Within 4 days of judgment |
| Warrant of restitution available | If the tenant hasn't left within 7 days |
| Landlord must request the warrant | Within 60 days |
| Warrant expires if not carried out | After 60 days |
Paying to stay: the right of redemption
A tenant can stop an eviction for unpaid rent by paying all past-due rent and late fees, plus any costs and fees the court awarded, any time before the eviction is actually carried out [1]. Payment has to be in cash, certified check or money order to the landlord or the landlord’s agent. A check from a local government or other government program counts the same way, which matters if you’re getting rental assistance [1].
Judgment, appeal and the warrant
If the landlord wins, the tenant has to give up the home within 4 days after trial. A physician’s certificate saying that moving out within those 4 days would endanger the health or life of the tenant or someone else in the home can extend that, but not past 15 days after trial [1].
Either side can appeal to circuit court within 4 days of the judgment. To stop the eviction during the appeal, the tenant must post a bond. The tenant still owes rent that comes due after the judgment [1].
If the tenant hasn’t left after 7 days, the court can issue a warrant of restitution . The landlord has to request it within 60 days of the judgment (or the end of any stay), and it expires if it isn’t carried out within 60 days [1].
Weather and shutdown stays. Courts must pause residential evictions day to day when the temperature is or is forecast to be 32°F or lower, or during a winter storm, blizzard, hurricane, tropical storm or excessive heat warning [1]. Courts also must stay cases for government workers furloughed without pay during a shutdown [1].
No lockouts, no utility shutoffs
A Maryland landlord can’t take back a home by locking a tenant out, or by deliberately cutting off heat, water, electricity or other utilities to force the tenant to leave. A landlord can only recover the home through a warrant carried out by a sheriff or constable, or if the tenant has abandoned or surrendered it [4]. A tenant who wins a case over an illegal lockout can recover actual damages plus attorney fees and costs [4].
Other tenant protections
Retaliation is banned. A landlord can’t file or threaten an eviction, raise the rent, cut services, or end a month-to-month tenancy because a tenant [2]:
- complained in good faith to the landlord or a public agency about a lease or code violation or a dangerous condition,
- filed or took part in a lawsuit involving the landlord,
- joined a tenants’ organization, or
- called the police or emergency services.
Actions more than 6 months after the tenant’s complaint aren’t treated as retaliation. The tenant generally has to be current on rent. A tenant who proves retaliation can recover up to 3 months’ rent plus attorney fees and court costs [2].
Rent escrow for serious repairs. If the home has a serious problem, like no heat, hot or cold water or electricity, no adequate sewage, rodents in two or more units, or a dangerous structural defect, the tenant can pay rent into court instead of to the landlord [3]. The tenant has to give notice first. Waiting more than 30 days after notice is presumed unreasonable [3]. If repairs aren’t made within 6 months of the court’s escrow decision, the court can return the money to the tenant [3].
Where to get help
- The District Court clerk’s office for your county: forms, court dates and the amount needed to redeem.
- Legal aid: Maryland’s legal aid programs help eligible tenants in rent cases, often on the day of trial.
- A landlord-tenant attorney: worth calling as soon as you get a notice of intent to file.
Sources
Common questions
How much notice does a Maryland landlord have to give before filing for unpaid rent?
10 days. The landlord must give written notice of intent to file, and can file a Failure to Pay Rent case only if the tenant doesn't pay within 10 days after that notice.
Can a Maryland tenant stop an eviction by paying?
Usually, yes. Under the right of redemption, a tenant can pay all past-due rent and late fees, plus court-awarded costs and fees, by cash, certified check or money order any time before the eviction is actually carried out. The right doesn't apply to a tenant who has had three judgments for unpaid rent in the 12 months before the case was filed.
Can a Maryland eviction happen in freezing weather?
No. Courts must stay evictions day to day when the temperature is or is forecast to be 32°F or lower, or during a winter storm, blizzard, hurricane, tropical storm or excessive heat warning. The eviction then has to be carried out within 5 days after the conditions end.