⚖ Maryland Landlord Resource

Maryland Eviction Timeline:
Step-by-Step Guide

The complete process for Failure to Pay Rent and Breach of Lease — updated for October 2025 law changes.

☑ Updated: October 2025 | Reflects Current MD Law
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Important: Maryland eviction law changed significantly in 2025. New notice requirements took effect October 1, 2025 — including notice to enter, security deposit rules, and the Tenants’ Bill of Rights. If a tenant’s attorney can show you violated ANY procedural requirement, the case may be dismissed and you start over. Follow each step exactly.
📄 Track A: Failure to Pay Rent

This is the fastest eviction track in Maryland. You do NOT need to give prior written notice before filing — but every procedural step still must be followed exactly.

Step 1
Rent is past due
Rent is legally late the day after it is due (usually the 2nd of the month, or as defined in your lease). You may assess a late fee only if your lease specifies one. Maryland caps late fees at 5% of the monthly rent.
⏱ Day 1: Rent due date passes
Step 2
File in District Court (no prior notice required)
File Form DC/CV 082 (Failure to Pay Rent complaint) at your county District Court. You may file as soon as rent is past due.
  • Filing fee: approximately $45 (verify at your courthouse)
  • You will receive a court date — typically within 5–10 business days
  • Court will mail notice to tenant at the rental address
⏱ File as early as Day 2
Step 3
Court hearing
Bring to court:
  • Copy of the signed lease
  • Rent ledger showing payments and balance owed
  • Copy of Tenants’ Bill of Rights (signed by tenant at lease signing)
  • Copy of lead paint certificate (if pre-1978 unit)
If the tenant does not appear, the court will typically enter judgment in your favor. If the tenant pays in full before the hearing, the case is dismissed.
⏱ Typically 5–10 business days after filing
⚠ Bring ALL lease documents — a missing Tenants’ Bill of Rights or lead certificate can get your case dismissed
Step 4
Judgment for Possession issued
If the court rules in your favor, you receive a Judgment for Possession. This is not yet an order to vacate — it is a legal finding that the tenant owes rent and must leave if they do not pay. The tenant has a right to request a stay or appeal.
⏱ Same day as hearing (if uncontested)
Step 5
Tenant does not vacate → Request Warrant of Restitution
If the tenant has not vacated after judgment, file Form DC/CV 083 (Warrant of Restitution). The court will schedule a date for the sheriff to execute.
⏱ File after grace period expires (typically 4 days)
Step 6
New (2025): 6-Day Written Notice Before Sheriff Executes
Maryland law (effective 2025) requires the landlord to give the tenant at least 6 days written notice before the sheriff executes the Warrant of Restitution.
  • Notice must be posted on the rental unit door
  • Notice must also be sent via First Class Mail
  • Both delivery methods are required — not just one
⏱ 6 days before sheriff execution date
⚠ This step is NEW as of 2025 — skipping it or using only one delivery method will invalidate the execution
Step 7
Sheriff executes — Tenant must vacate
The sheriff posts at the property and directs the tenant to leave. You may not change locks, remove belongings, or cut utilities before this step. After the sheriff executes, the unit is yours to re-possess. You are responsible for handling abandoned property per Maryland law.
⏱ After 6-day notice period
📄 Track B: Breach of Lease

Breach of lease evictions (unauthorized pets, damage, illegal activity, etc.) require a written notice before you can file. The timeline is slower but the same procedural rules apply.

Step 1
Document the violation
Photograph, write down, and date every violation. Keep copies. You will need to show the court what was violated, when you discovered it, and what you did about it.
⏱ As soon as violation is discovered
Step 2
Written Notice to Cure or Quit
For remediable violations (unauthorized pet, noise, unauthorized occupant), you must give the tenant written notice and an opportunity to cure. The notice must:
  • State the specific lease clause violated
  • State what the tenant must do to cure (or that they must vacate)
  • Give a reasonable cure period (30 days is standard practice)
  • Be delivered in writing (hand delivery or certified mail recommended)
⏱ Day 1 — start the clock
Step 3
Violation not cured → File DC/CV 085 (Breach of Lease)
If the tenant has not cured the violation by the deadline, file Form DC/CV 085 (Complaint for Breach of Lease) in District Court. Bring your original notice, photos, and evidence of non-compliance.
⏱ After cure period expires (typically Day 31+)
Step 4–7
Same steps as Failure to Pay Rent (hearing through sheriff)
The hearing, Judgment for Possession, Warrant of Restitution, 6-day written notice, and sheriff execution steps are the same as Track A above. Bring ALL lease documents to the hearing, including the signed Tenants’ Bill of Rights and lead certificate (if applicable).
⏱ Timeline: 3–8 weeks from filing, depending on court schedule
⚠ Common Mistakes That Restart the Clock

Do not let a procedural error hand your tenant a win.

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Accepting partial rent after filing. Accepting any payment after you file can waive your right to proceed on that case. If a tenant offers money after filing, consult an attorney before accepting it.
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Missing the Tenants’ Bill of Rights. Effective October 1, 2025, this document must be signed at lease signing. If you cannot produce a signed copy in court, your case may be dismissed.
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Skipping the 6-day pre-execution notice. This is a new 2025 requirement. Both door posting AND First Class Mail are required. Skipping either one invalidates the execution.
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Self-help eviction. Changing locks, removing belongings, or cutting utilities before the sheriff executes is illegal in Maryland — even if the tenant stopped paying. This exposes you to a wrongful eviction lawsuit.
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No lead certificate for a pre-1978 unit. If your unit was built before 1978 and is not registered with MDE, a court may dismiss your eviction case until you come into compliance.
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Wrong court forms. Use DC/CV 082 for Failure to Pay Rent, DC/CV 085 for Breach of Lease. Using the wrong form wastes your filing fee and delays the process.
⚡ Eviction Strategy Session — Limited Availability

Do not navigate this alone.

Every eviction case in Maryland has variables — your county, your lease language, what the tenant has said, and what you have already done. One procedural misstep hands your tenant a win and restarts the clock. Christine works through your specific case, step by step, so you get it right the first time.

Book an Eviction Strategy Session →

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