Can Landlords Evict Now in Maryland? 2025 Rules, Notices, and Timeline

Short answer: yes-landlords can evict in Maryland right now, but only by following the court process. No self-help. No lockouts without a judgment. If you’re a tenant or a landlord, what matters is the reason, the notice you give (or get), and the exact steps you take next. This guide covers what’s allowed in 2025, how long it takes, how to stop an eviction, and the traps that waste time and money.

• TL;DR: Evictions are active in Maryland (2025). Landlords must file in District Court; tenants have defenses and a right to pay-and-stay in many nonpayment cases.
• Valid reasons include nonpayment (§8-401), holding over (§8-402), breach of lease (§8-402.1), and wrongful detainer (§8-402.2).
• Failure-to-pay requires a 10-day Notice of Intent to File statewide before filing. Other notice periods vary by reason and jurisdiction.
• No self-help: only the sheriff/constable can perform a set-out after a Warrant of Restitution.
• Tenants can often stop a nonpayment eviction by paying all rent, late fees (capped), and court costs before the set-out (with exceptions).

You likely clicked this because you want to:

• Know if evictions are happening in Maryland now-and under what rules.
• See the step-by-step process, from notice to lockout, with realistic timelines.
• Understand notice requirements for each eviction type.
• Learn defenses and options to stop or speed up a case.
• Avoid common mistakes that get cases dismissed or rights waived.

What’s allowed now: Maryland eviction rules in 2025

Evictions in Maryland are active statewide. There’s no COVID-era moratorium in force. Every eviction must go through District Court; landlords cannot change locks, shut off utilities, or remove belongings without a court order and the sheriff/constable present. Doing so risks damages and attorney’s fees.

Core legal grounds, with statute references:

• Failure to Pay Rent: Maryland Code, Real Property §8-401.
• Tenant Holding Over (staying after the lease ends or after proper nonrenewal notice): §8-402.
• Breach of Lease (significant violation of a lease term): §8-402.1.
• Wrongful Detainer (person in possession without any lease or permission): §8-402.2.

Key changes and standing rules relevant in 2025:

• 10-day Notice of Intent to File for nonpayment is required statewide before filing the case (§8-401).
• Late fees are capped by statute (generally no more than 5% of monthly rent). See Real Property §8-208(d)(3).
• Right of Redemption: in many nonpayment cases, tenants can stop the eviction by paying all rent, late fees, and court costs up to the day of the set-out (§8-401). There are exceptions, including multiple recent judgments and certain local rules.
• Retaliatory evictions are illegal (Real Property §8-208.1). Evicting because a tenant complained to authorities or joined a tenant organization can get a case tossed.
• Fair housing laws apply. Evictions can’t be based on protected classes (federal Fair Housing Act; Maryland State Government Title 20).
• Licensing compliance matters. In places like Baltimore City, Montgomery County, and Prince George’s County, you usually need a current rental license to file for possession or to collect rent. Courts can dismiss cases if you’re not licensed.

Authoritative sources to check for specifics: Maryland Code (Real Property Title 8), the Maryland Judiciary (District Court) forms and instructions, and local county/city housing codes (e.g., Baltimore City Code Art. 13 for licensing and procedures).

Step-by-step: How the Maryland eviction process works

Here’s the practical flow most cases follow, whether you’re in Frederick, Baltimore, or Prince George’s County. This is the Maryland eviction process at a glance.

1. Pre-filing notice
   • Nonpayment: Serve a 10-day Notice of Intent to File (statewide). It should state the amount due, how to pay, and that you’ll file if not cured.
   • Holding Over/Breach/Wrongful Detainer: Serve the applicable notice (length and content differ by ground and local law; details below).
2. Filing in District Court
   • Use the correct action: Failure to Pay Rent (FPR), Tenant Holding Over (THO), Breach of Lease, or Wrongful Detainer.
   • Attach proof: lease, ledgers, notices, certificates/licenses (if required locally), and any photos or communications relevant to a breach.
   • Pay the filing fee. Fees vary by action and county, but nonpayment filings are typically modest (often under $50), plus service costs.
3. Service of process
   • The court issues a summons. Service is usually done by sheriff/constable or a process server as allowed. Posting and mailing can be allowed in some actions if personal service fails and the court permits it.
   • Bad service = dismissal or postponement. Don’t skimp here.
4. Hearing
   • Nonpayment hearings can be quick-often scheduled within 5-21 days of filing depending on county volume. Other actions can take longer.
   • Bring evidence: lease, payment history, notices, photos, inspection reports, witness statements. Tenants should bring proof of payment, repair complaints, receipts, and any correspondence.
   • Possible outcomes: judgment for possession (and money), dismissal, continuance, or settlement (e.g., a payment plan).
5. Judgment and right to redeem (nonpayment)
   • If the landlord wins a nonpayment case, the tenant often can stop the eviction by paying everything owed (rent, permitted late fees, court costs) before the lockout. The judge or local law may limit redemption if there are multiple recent judgments.
   • In breach/holding-over cases, there’s no automatic pay-and-stay right.
6. Warrant of Restitution and eviction
   • After judgment, the landlord can request a Warrant of Restitution. There’s typically a brief statutory wait (e.g., 4 business days after judgment) before the warrant can issue in nonpayment cases.
   • The sheriff/constable schedules the set-out. The landlord must provide movers and handle belongings per local rules.
   • Only the sheriff/constable can execute the eviction. No exceptions.

Timing estimates (varies by county/backlog): Filing to hearing in nonpayment cases can be 2-4 weeks. Add 1-3 weeks to get a Warrant of Restitution scheduled, depending on sheriff availability and landlord readiness. For breach or holding-over cases, expect a bit longer from filing to judgment.

Notice requirements by reason (and local twists)

Maryland’s notice rules are reason-specific, and some counties/cities add extra steps. Always check your local code and the Maryland Code before acting.

Nonpayment of Rent (§8-401):

• Statewide 10-day Notice of Intent to File is required before you take a case to court. Include the amount owed, the date it became due, where/how to pay, and a warning that you’ll file if it’s not paid within 10 days.
• Late fees must follow the lease and the statutory cap (generally 5% of monthly rent). Late fees usually can’t be charged until rent is at least 5 days late (check your lease and local rules).
• Some jurisdictions require that you’re properly licensed to file. Courts often ask for a license number on the complaint in those areas.

Tenant Holding Over (§8-402):

• Used when a tenant stays after the lease ends or after a proper nonrenewal notice.
• Notice periods vary by the tenancy type and local law. Many jurisdictions require at least 60 days’ notice to end a month-to-month tenancy; some require more. Baltimore City and Montgomery County have specific rules and forms tied to rental licensing.
• Serve notice in writing with clear move-out date and delivery method that meets statute/lease terms (e.g., in person, certified mail, or as authorized).

Breach of Lease (§8-402.1):

• For serious lease violations (e.g., unauthorized occupants, serious nuisance, significant property damage).
• Notice must describe the breach and give a reasonable chance to cure, unless the breach is dangerous or poses a serious threat. Thirty days’ notice to cure is common; 14 days or less may apply for dangerous conduct. Local codes can be stricter.
• Document, document, document-photos, police reports, neighbor statements, and prior warnings matter.

Wrongful Detainer (§8-402.2):

• When someone is in possession without a lease or permission (e.g., a holdover guest or a squatter).
• Different procedure and service rules. Courts look closely at who had permission, when it ended, and how notice was given.

Two pitfalls that cause instant problems:

• Wrong notice length or wrong ground (e.g., filing “holding over” when the lease hasn’t actually ended). Courts will dismiss.
• Bad service of the notice or summons. Follow the lease, the statute, and court rules on service. Keep receipts and affidavits.

Timelines, costs, and ways to stop an eviction

Time and cost are the two levers you can actually plan around. Here’s how they typically play out.

Timelines you can expect:

• Nonpayment filings: Hearing often within 2-4 weeks. Add 1-3 weeks for the warrant and scheduling the set-out.
• Holding Over/Breach: Notice period first (often 30-60 days or more), then filing, then hearing in 3-6 weeks. Eviction scheduling adds additional time.
• Wrongful Detainer: Often similar or slightly slower than breach due to proof issues.

Direct costs you’ll likely see:

• Filing fee and service costs (varies by county and action; budget $40-$150 combined as a ballpark for initial filing and service).
• Attorney’s fees if you hire counsel (market rates vary; some leases allow recovery).
• Movers and set-out costs on eviction day (landlord pays; ask the sheriff’s office about minimum crew requirements).

Ways tenants can stop or slow an eviction (lawful, effective tactics):

• Redeem in nonpayment cases: Pay rent owed, permitted late fees, and court costs before the set-out. Exceptions apply if there are multiple recent judgments or local limits.
• Raise habitability (rent escrow) if there are serious conditions: Under §8-211, tenants can ask the court to reduce rent or require repairs when there are major hazards (e.g., no heat, serious leaks, infestation) and the landlord was notified but didn’t fix. This can offset rent due in nonpayment cases.
• Challenge notice or proof: Wrong amount, unlicensed property in a licensing jurisdiction, improper notice, or bad service can defeat a case.
• Seek legal aid or right-to-counsel services: Maryland’s Access to Counsel in Evictions program offers free lawyers to income-eligible tenants in many counties.
• Apply for emergency rental assistance if available locally; bring proof to court and ask for a short continuance to complete payment.

Ways landlords can avoid delays (practical, lawful moves):

• Use the right action and attach the right evidence. Put the ledger, lease, notices, and license (if required) in order. Judges appreciate clean files.
• Serve notices correctly and keep proof. If your lease specifies delivery methods, follow them.
• Know your county’s eviction scheduling lead times and book movers ahead.
• Consider a written payment plan or move-out agreement at court. If the tenant defaults, you can return to court with a clear record.

When a judgment becomes final, the landlord still needs the Warrant of Restitution and sheriff to set the date. If the tenant pays and redeems before the set-out in a nonpayment case (and redemption is allowed), the eviction won’t go forward.

Quick tools: checklists, examples, and FAQ

Here are simple tools you can use today without wading through statutes for hours.

Landlord pre-filing checklist (nonpayment):

• Lease and ledger updated (show rent due, late fees per lease and law).
• 10-day Notice of Intent to File served correctly; keep proof.
• Local rental license current (if your jurisdiction requires it).
• Amount claimed excludes illegal fees; late fee obeys the cap.
• All communications saved (texts/emails about payment and repairs).
• Correct court form ready; filing fee in hand.

Tenant survival checklist (nonpayment):

• Gather proof: receipts, bank statements, messages about repairs.
• Request a ledger from your landlord; check the math.
• Apply for rental assistance and legal aid; bring confirmations to court.
• If serious repair issues exist, bring photos, videos, inspector reports, and written notices you sent. Ask about rent escrow.
• Bring all the money you can. Ask the court how to redeem if you’re able to pay.

Example scenarios

• Missed rent by two weeks: You receive a 10-day Notice of Intent to File. You pay full rent plus the lawful late fee within the 10 days and keep your receipt. The landlord does not file.
• Lease ends July 31; landlord gives 60-day written nonrenewal in May: You don’t move out. In August, the landlord files a Tenant Holding Over case. If the notice meets local requirements and service is correct, the court can grant possession even if you offer to pay.
• Serious mold and leaks; you reported months ago: Landlord files for nonpayment. You bring photos, inspection notes, and emails. You ask the judge for rent escrow and a rent abatement. The court can reduce what’s owed and order repairs.

Mini-FAQ

• Can landlords evict now in Maryland? Yes, if they follow the legal process and have a valid ground. No self-help.
• Do landlords need to give notice before filing for nonpayment? Yes-10-day Notice of Intent to File statewide under §8-401.
• Can I stop a nonpayment eviction by paying? Often yes. Pay all rent, permitted late fees, and court costs before the lockout, unless an exception applies.
• How long does the process take? Nonpayment can move from filing to set-out in roughly 3-6 weeks, depending on county backlog and scheduling. Other actions often take longer.
• What if my landlord won’t make repairs? Ask about rent escrow under §8-211. Bring evidence of conditions and notice you gave the landlord.
• What if I’m in Baltimore City or Montgomery County? Expect extra licensing and notice rules. If unlicensed where required, the landlord’s case can be dismissed.
• Can a landlord evict in retaliation? No. Retaliatory evictions are barred by §8-208.1.

Next steps and troubleshooting

• If you’re a landlord and got dismissed for bad notice: Fix the notice length and content, re-serve properly, and refile. Double-check local licensing.
• If you’re a tenant facing a hearing this week: Gather proof, apply for legal aid, explore rental assistance, and prepare to ask for rent escrow if conditions are bad. Bring any money you can toward redemption.
• If repairs are the real issue causing nonpayment: Start a paper trail now-dated photos, written notices, and inspector reports. Ask the court to escrow rent rather than dismissing you for nonpayment.
• If you’re considering settlement: Put payment plans or move-out dates in writing and file them with the court if possible. Clarity saves repeat trips.
• If you manage multiple units: Standardize your notice templates, confirm local licensing for each property, and track court dates with reminders. Small admin mistakes cause big delays.

Where to verify details

• Maryland Code, Real Property §§8-401, 8-402, 8-402.1, 8-402.2 (grounds and procedures).
• Real Property §8-208 and §8-208.1 (lease clauses, late fee caps, and anti-retaliation).
• Real Property §8-211 (rent escrow/habitability).
• Maryland Judiciary (District Court) forms and instructions for each action type.
• Your county/city housing code and rental licensing office (e.g., Baltimore City, Montgomery County, Prince George’s County) for local notice/licensing rules.

Bottom line: Evictions are happening in Maryland right now. The winning side-landlord or tenant-is usually the one that follows the statute to the letter, shows up with clean evidence, and knows the few protections and exceptions that shift outcomes. Use the checklists, verify your local rules, and act quickly. Delay is expensive for both sides.

• September 18 2025
• Archer Hollings
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