In Maryland, landlords have the option of evicting a tenant who is late on their rent. This is how.
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When Is Rent Due in Maryland?
Rent is nearly always due on the first of each month, and the landlord is not allowed to provide any form of grace period before collecting a late charge or initiating eviction procedures. If the first of the month comes on a weekend or holiday, the renter may believe that rent is due the following working day. This, however, is not the case. Rent is due on the first of the month, regardless of the day.
However, it is crucial to remember that the landlord and renter might agree on alternative payment terms under the lease. For example, they might agree that although if rent is due on the first, the landlord will not charge late penalties until a certain number of days beyond the due date. Whatever the arrangement, it must be documented in the lease. The landlord and tenant are then both expected to adhere to the lease provisions regarding rent payment.
Failure of a Tenant to Pay Rent
If a tenant fails to pay rent on time, a landlord may start the eviction procedure right away. Unlike in most other jurisdictions, Maryland law does not require the landlord to provide any type of notice to the tenant before filing an eviction complaint with the court. Unless otherwise specified in the lease, the tenant is likely to receive the filed court paperwork as the first notice of the impending eviction (see Md. Code Ann. [Real Prop.] 8-401).
The tenant may still avoid eviction by paying the entire rent, as well as any late fines and court expenses, on the day of the trial or hearing before the judge. The eviction will not take place if the tenant pays the rent in full before the court issues a final ruling on the eviction (see Md. Code Ann. [Real Prop.] 8-401(c)(5)).
Going to Maryland Court
A landlord will file an eviction case in the district court of the county where the rented property is situated. The complaint must contain the tenancy facts and the grounds for the eviction, as well as how much rent is due and unpaid. The tenant will get a summons from the district court alerting them of the eviction case and the date of the trial or hearing before a judge. If the landlord is successful, the tenant will have four days following the trial to vacate the leased property. If the tenant does not vacate the rental unit, the court will issue a restitution warrant, which authorizes a sheriff or constable to remove the tenant and his or her things from the rental unit (see Md. Code Ann. [Real Prop.] 8-401).
A sample complaint, sometimes known as a failure to pay rent form, may be available on the Maryland court system’s website.
Unlawful Eviction Procedures
It is unlawful for a landlord to seek to evict a tenant without first obtaining a court order authorizing the eviction. This implies that a landlord cannot evict a tenant by threatening or coercing them, changing the locks on the doors or windows, or turning off the utilities to the rental unit (see In re Promower, Inc. v. Scuderi, et al., 56 B.R. 619 (U.S. Bankruptcy Court, D. Maryland, 1986)). This is known as a “self-help” eviction, and a tenant may sue their landlord for damages if they try it.
Additional Maryland Resources for Landlord-Tenant Relationships
The Maryland court system offers online legal assistance and features a housing department. Maryland Legal Aid has also produced a number of housing-related publications that may be useful to both landlords and renters.
