What Maryland Landlords Should Know About Failure to Pay Rent Court

If a tenant falls behind on rent, Maryland law allows landlords to recover possession of the property through a Summary Ejectment, also known as a “Failure to Pay Rent” case. The process is streamlined and moves quickly, but there are several important steps a landlord must follow to succeed. Here’s what landlords need to know.

Step 1: Give the 10-Day Notice

Before filing, landlords must serve the tenant with a written Notice of Intent to file for eviction. The notice must state the amount owed and warn that the landlord may file in the District Court of Maryland if payment is not made. Some counties have specific notice forms, and landlords should always keep proof of service.

Step 2: File the Complaint

After the 10 days, the landlord may file a Complaint for Repossession of Rented Property in the District Court of Maryland in the county where the property is located. To proceed, the property must:

• Be properly licensed and registered, if required by the county or city;
• Have a valid Maryland Department of the Environment (MDE) lead certificate (for pre-1978 properties); and
• Include a statement certifying that the tenant is not on active military duty and in compliance with the Servicemembers Civil Relief Act (SCRA).

Step 3: The Court Hearing

Hearings are typically scheduled within 5 to 10 days after filing. The landlord should bring a rent ledger, lease, proof of the 10-day notice, and all licensing documents. If the judge finds rent due, they will enter a judgment for possession and, in some cases, a money judgment for the unpaid rent.

Tenants generally have the right of redemption, meaning they can remain in the property if they pay all rent due and court costs before the eviction takes place. This right does not apply if the tenant has had three or more prior judgments for nonpayment within the past 12 months.

Step 4: Warrant for Restitution

If the tenant does not pay or move out, the landlord may request a Warrant for Restitution within 60 days of the judgment (and as soon as 7 days after judgment). This warrant authorizes the sheriff to schedule and carry out the eviction.

Landlords must provide at least 6 days’ written notice to the tenant before the scheduled eviction, and the sheriff may require proof that proper notice was given.

Self-help evictions, such as changing locks, removing property, etc., are illegal in Maryland for residential properties. Leaving pets unattended outside during an eviction is also prohibited.

Final Thoughts

Failure to Pay Rent court moves quickly, but preparation matters. A well-prepared landlord is far more likely to recover rent or possession without delay. Every property and situation is different. Consult an attorney to ensure compliance with state and local requirements — our office is here to help.