An Overview of the Eviction Process in Maryland

Evicting a tenant is a strict legal process that must be followed precisely. Landlords who stray from the legal process or take the eviction into their own hands could face even more issues with their tenants and give up their rights to an eviction.

A judge's gavel to show the importance of following the law for evictions in Maryland.

So, how should landlords in Maryland deal with tenants that need to be evicted? By the end of this article, you will know the legal eviction process in Maryland, plus how to avoid evictions in the first place.

Disclaimer: This blog contains general information and should not be used as a substitute for legal advice from a qualified attorney.

Common Lease Violations

Lease violations are actions by tenants that go against the agreed terms in their lease contract.

Non-Payment of Rent – Failure to pay rent on time or at all
Unauthorized Occupants – Having unauthorized occupants living in the property
Unauthorized Pets – Keeping pets without permission in a ‘no pets’ property
Property Damage – Causing significant damage to the property
Prohibited Business – Conducting prohibited business activities within the premises
Illegal Acts – Engaging in illegal activities on the property

If your tenant engages in these types of activities or violations, then you, as a landlord, have a right to evict them from the property before the lease term ends.

How to Deal with Lease Violations in Maryland

In Maryland, addressing a lease violation can sometimes lead to the unfortunate necessity of eviction. This process involves adhering to strict state laws to ensure that all actions taken are within legal parameters, starting with a clear notice to the tenant.

Give Property Notice to the Tenant

Start by clearly detailing the specific lease term breached, ensuring the tenant understands the issue. The notice should also present the tenant with a reasonable opportunity to rectify the violation or prepare to vacate, adhering to Maryland’s mandated notice period.

Landlords must provide 30 days’ notice to tenants about the lease violation. During this period, the tenant can remedy the situation, or the landlord will proceed with the eviction process.

For lease violations that cause harm to the landlord, tenant, other tenants, or property managers, landlords must provide 14 days’ notice.

You can send this notice via first-class mail or electronically, ensuring you have proof of delivery. Before pursuing any further action, it’s important to comply with all stipulations for written notifications, which may include highlighting any potential consequences, including eviction, should the violation remain unresolved.

File an Official Complaint

Once you’ve given the proper notice to your tenant, the next legal step in Maryland is to file an official complaint. This must be done at the District Court in the county where your rental property is located.

It’s crucial to attach a copy of the notice you previously issued to the tenant. This documentation validates that the tenant was informed of the violation and that you followed the correct protocol.

Remember, thorough documentation helps support your case and streamlines the eviction process should it become necessary. Always consult with local court guidelines for specifics.

Legal Eviction

The court will issue a summons to inform the tenant about the eviction proceedings. The summons specifies the date, time, and location of the eviction hearing, where both parties will present their cases. As a landlord, it’s crucial to prepare thoroughly for this court appearance.

During the hearing, you’ll have the opportunity to present evidence and testimony to support your claims of lease violations. This might include items like the lease agreement, payment records, or communication logs with the tenant. It’s important to present your case clearly and respectfully, as this will help the judge understand the merits of your complaint.

The tenant will also have the chance to respond, providing their side of the story as well. After hearing both parties, the judge will make a decision based on the facts presented.

If the judge rules in your favor, an eviction order will be issued. This gives you the legal right to reclaim your property, but remember, actual eviction must be handled legally, often with the assistance of local authorities.

How Much Does It Cost to Evict Tenants in Maryland?

You must go to court for a legal eviction in Maryland.

Evicting a tenant in Maryland can range from $400 to $2,000. This figure accounts for various costs involved in the process. Filing fees, which differ based on case type, alongside service of court summons, add up quickly.

For example, the District Court fees for non-payment of rent are around $70 on average.

Legal fees can vary significantly, from $500 to $10,000, depending on the complexity of the case. Additional expenses include locksmith charges averaging $160, as well as any storage fees incurred.

Tenant turnover costs may also arise when preparing the property for a new occupant. Understanding these potential expenses helps landlords manage the eviction process efficiently and plan their finances accordingly.

How to Avoid Evictions

Thorough tenant screenings are essential for avoiding evictions. By assessing potential tenants’ credit history, rental background, and financial stability, you can ensure they have a reliable track record. This screening process helps you select tenants who are more likely to honor their lease agreements.

Working with a dedicated property management company like Mainstay Property Management can be a great asset. With experienced professionals handling tenant relations, property managers ensure regular communication, tenant screening, timely maintenance, and consistent enforcement of lease terms.

This proactive approach minimizes misunderstandings and fosters a positive tenant-landlord relationship, reducing the likelihood of evictions.

Find High-Quality Tenants in Maryland with Mainstay Management

Partnering with Mainstay Management means gaining peace of mind. Our dedicated team utilizes advanced screening techniques to ensure reliable, responsible tenants occupy your property. We thoroughly investigate potential tenants’ credit histories, employment verification, and rental backgrounds, all to weave a safety net for your investment.

Should lease violations occur, our expert handling of the legal eviction process ensures compliance with Maryland laws. By entrusting us with finding and managing your tenants, you’re securing a streamlined experience free from the hassles of tenant issues.

Let Mainstay Management guide you, preventing potential pitfalls and maximizing your rental’s success.