The Maryland eviction process time line is affected by several different factors, namely the cause for the eviction and whether the tenant is attempting to fight the eviction. If a tenant does not agree with the eviction, the case could drag out for quite some time. Many eviction cases are fairly straightforward and follow a general timeline.
Terminating the Lease
Maryland landlords have the option of starting the eviction process as soon as you miss a rental payment or you break a lease term. This notice is constructed by the landlord himself, and in many cases the landlord personally serves the tenant with the notice. The tenant has 30 days in most cases to leave the house before the landlord can file the eviction lawsuit in court. If the eviction is due to the tenant causing disruption to others or damaging the property, or due to a repeated lease violation, this notice time is cut down to two weeks.
Filing the Lawsuit
Once the 30-day termination notice period completes, the landlord file the eviction lawsuit at his district court. The amount of time between the eviction lawsuit filing and the hearing varies depending on the court schedule, which can differ between a week up to a month.
Most eviction cases do not extend beyond the initial hearing, and if the tenant moves out or pays the rent before the hearing the eviction does not proceed any further. The hearing is straightforward for a court proceeding, with each party explaining the situation and presenting evidence to support his side of the case.
A copy of the court judgment is given to the tenant after the hearing. The court sets a specific number of days until the tenant needs to be out of the property. This time period typically does not extend beyond a few weeks. One last court document may be filed if the tenant does not leave the property, and that is a Writ of Restitution. The Writ is served by a sheriff and gives the tenant a few more days to leave the property. After that, the sheriff forces the tenant to leave.
- Maryland Attorney General: Landlords and Tenants: Tips on Avoiding Disputes
- NOLO. "How Evictions Work: What Renters Need to Know." Accessed Aug. 13, 2020.
- MassLegalHelp. "When Can Landlord Evict." Accessed Aug. 13, 2020.
- VA Legal Aid. "Evictions (including Lockouts and Utility Shutoffs)." Accessed Aug. 13, 2020.
- Kreis-Enderle. "Evictions 101: Possession Judgments Vs. Money Judgments." Accessed Aug. 13, 2020.
- Pew. "How Free Legal Help Can Prevent Evictions." Accessed Aug. 13, 2020.
- Eviction Lab. "What Is the Eviction Process Like?" Accessed Aug. 13, 2020.
- Legal Aid of North Carolina. "Eviction Guide." Accessed Aug. 13, 2020.
- NOLO. "Tenant Defenses to Evictions in Virginia." Accessed Aug. 13, 2020.
- Harvard Law Review. "The Limits of Unbundled Legal Assistance." Accessed Aug. 13, 2020.
- Eviction Lab. Email. Accessed Aug. 13, 2020.
- Harvard. "Documenting the Long-Run Decline in Low-Cost Rental Units in the US by State." Accessed Aug. 13, 2020.
- Brookings. "Is the rent “too damn high”? Or are incomes too low?" Accessed Aug. 13, 2020.
- Govtrack.us. "H.R. 748: Coronavirus Aid, Relief, and Economic Security Act." Accessed August 14, 2020.
- CBPP. "Extend CARES Act Eviction Moratorium, Combine With Rental Assistance to Promote Housing Stability." Accessed Aug. 13, 2020
- CNBC. "Trump’s order does little to stop impending eviction crisis, experts say." Accessed Aug. 13, 2020.
- Urban Institute. "The CARES Act Eviction Moratorium Covers All Federally Financed Rentals—That’s One in Four US Rental Units." Accessed Aug. 13, 2020.
- Federal Register. "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19." Accessed Aug. 9, 2020.
Tiffany Garden has been a freelance writer since 2002, working in the commercial copywriting field. She has been published in a number of technical and gaming magazines, as well as on numerous websites. She also runs her own websites on a number of subjects, runs a handcrafted jewelry business and is a CompTIA A+ Certified computer technician.