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Eviction is a legal
procedure. To evict you, a Maryland landlord must go
to district court to get a judgment against you. If
he gets one, the court will issue an order of
eviction and a sheriff will make you leave the home.
A landlord who moves a tenant's belongings out of
the home, changes the locks, or cuts off utilities
without a court order may be criminally prosecuted
and liable for damages. If this happens, tenants
should call the police and an attorney or legal
services organization.
A Maryland
"notice to vacate" from your landlord is
not a court order. This is the written notice
that a landlord must give you at least one month
before your lease ends, if he or she wants you to
move out at the end of the lease. If you do not move
out, your landlord can go to court to try to evict
you.
Reasons for
Eviction
A landlord cannot
evict you simply because you have filed a complaint
or a lawsuit against him or her or have joined a
tenant's association. This is called a
"retaliatory eviction," and you may be
able to stop an eviction by showing the court that
your landlord is evicting you for one of these
reasons.
A landlord can
evict you for:
- Non-payment of
rent. Your landlord can begin the eviction
process as soon as your rent due date has passed
and you have not paid the rent. In most
instances, you can stop the eviction any time
before the sheriff actually comes to evict you
by paying the landlord the rent that is owed.
Never try to
force a landlord to make repairs to your home by
withholding the rent. The landlord can evict you
for non-payment of rent. Instead, go to your
district court and ask to file a rent escrow
complaint. A judge may allow you to pay your
rent into court if your landlord fails to repair
serious or dangerous defects, such as a lack of
adequate heat or a condition that presents a
fire hazard. The judge may return the money to
you as compensation or appoint an administrator
to ensure that the repairs are made.
- ‘Holding
over.' If you do not move out when your lease
has ended, your landlord may evict you for
"holding over." The landlord must
prove that he or she gave you proper notice (at
least one month's advance written notice) of the
ending of your lease.
- Breach of lease.
A landlord may also evict you for breaking some
part of your lease (for example, by having more
people living in the home than the lease
permits). Before going to court, the landlord
must give you one month's advance written notice
ending the lease. The landlord will have to
prove that you violated your lease and that the
violation was a serious one.
- The state's
attorney, the county attorney, or community
associations may bring an eviction action
against tenants involved in illegal drug
activities.
The Summons and
Hearing
If your landlord
begins an eviction proceeding, you will receive an
official summons to attend a hearing. The summons
may be served on you in person, but most often it is
mailed and/or posted on the rental property. Don't
ignore it. Go to the hearing and be on time!
If you don't show up the landlord will probably win.
The hearing gives
you the chance to tell your side of the story. For
example, you may be able to prove that you did pay
the rent, or that you tried to pay the rent but the
landlord wouldn't accept it, or that the landlord
didn't give you a month's written notice that you
had violated your lease and had to move out.
If the judge finds
the landlord's case more convincing, he or she will
rule in favor of the landlord. Within five working
days, the landlord can file for a court order for
the eviction, called a "warrant of
restitution," and arrange for a sheriff to
oversee the eviction.
You may appeal an
eviction judgment. The appeal must be made within
four days of the date of judgment in non-payment of
rent cases and 10 days in breach of lease or holding
over cases. You may have to post a bond to cover the
rent while waiting for the circuit court to decide
the appeal.
The Actual
Eviction
On the date of an
eviction, the sheriff will come to the rental unit
to order the tenant and everyone inside to leave.
The landlord or the landlord's employees can then
remove all property from the unit and put it on the
public right-of-way while the sheriff supervises.
Once the property is moved from the unit, it is the
tenant's responsibility.
Sources of
Assistance in Maryland
Baltimore
Neighborhoods, Inc. offers information to tenants
(and landlords) statewide about their rights and
responsibilities in eviction: toll-free (800)
487-6007. Residents of Baltimore can walk in for
help and advice at the Public Justice Center's
Tenant Advocacy Project, at 501 E. Fayette Street,
Room 207.
You may wish to
have a lawyer help you during an eviction process.
The Legal Aid Bureau, Inc. offers free legal
services to people with limited incomes. To find the
office nearest you, call (410) 539-5340.
If an eviction
would leave you homeless, you may be eligible for
help from an eviction prevention program offered by
a non-profit housing assistance group or your local
government. One such program is offered by Baltimore
City's Department of Social Services: (410)
878-8650.
Landlord-Tenant
Booklet
Get a copy of the
Maryland Attorney General's 16-page booklet "Landlords
and Tenants: Tips on Avoiding Disputes" by
calling (410) 576-6500
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