How to evict a tenant in Maryland: steps and timeline
In Maryland you give a written 10-day notice of your intent to file, on the form created by the Maryland Judiciary, then file a failure to pay rent complaint in District Court. Trial is set for the fifth day after filing. If you win, the court orders possession within four days, and after seven days a warrant of restitution can issue. The tenant can redeem by paying everything due before the eviction.
What notice comes before you file?
Section 8-401(c) of the Real Property Article requires a written notice, before a residential failure to pay rent complaint, of your intent to file a claim in District Court to recover possession if the tenant does not cure within 10 days after the notice is provided. The notice must be on a form created by the Maryland Judiciary. It counts as provided when it is sent by first class mail with a certificate of mailing, affixed to the door of the premises, or, if the tenant elects it, sent by email, text message or an electronic tenant portal with proof of the transmission. Your complaint must state and affirm the date you provided the notice, and the tenant can challenge it.
How do you file and what does the court do?
You file a written complaint under oath in the District Court of the county where the property sits. It describes the property, names each tenant, states the rent and late fees due and unpaid, and specifies the rent for each rental period, the day it is due and any late fees. It requests the premises and, if you want it, a money judgment. The court issues a summons that orders the constable or sheriff to notify the tenant by first class mail to appear for trial on the fifth day after the complaint is filed.
The sheriff serves the summons on the tenant on the property or, if no one is found, affixes it conspicuously. After notice by first class mail, affixing is enough for a default judgment for possession and costs, but not for a judgment for the rent. A money judgment requires personal service on a residential tenant.
What happens after the trial?
If the court finds rent and late fees due, it orders possession given to you within 4 days after the trial. A physician's certificate that surrender would endanger health or life can extend that, but not beyond 15 days after trial. If the tenant, or someone for the tenant, tenders the rent and late fees the court finds due, plus costs, at the trial or an adjournment, the complaint is entered as satisfied. If the tenant fails to comply with the order within 7 days, the court issues its warrant of restitution at any time after those 7 days. Section 8-401(f) also requires stays in extreme weather, such as freezing temperatures or storm and heat warnings.
You must order the warrant within 60 days of the judgment or the expiration of a stay, or the possession judgment is stricken. A warrant that is ordered but not acted on within 60 days expires the same way.
Example a made-up landlord mails the Judiciary form with a certificate of mailing on Monday, November 2, 2026. The 10-day cure period runs to Thursday, November 12, so the landlord files on Friday, November 13. Trial is set for the fifth day after filing, Wednesday, November 18, and the court awards possession. The tenant has until November 22 to turn over possession under the 4-day order and the court may issue the warrant any time after 7 days, which is after Wednesday, November 25. That is at least 23 days from mailing to the earliest warrant, before scheduling the sheriff.
Which mistakes cost a Maryland landlord time?
- Filing before the 10-day cure period has run, or with a notice that is not on the Maryland Judiciary form. The complaint must state the date you gave notice, and the court may dismiss it if the tenant shows sufficient cause.
- Expecting a money judgment from a default served by affixing. That supports possession only, not rent.
- Waiting too long. If you do not order the warrant within 60 days, the possession judgment is stricken and counts toward the three-judgment limit on redemption unless the court rules otherwise.
- Scheduling an eviction into extreme weather. The administrative judge stays residential warrants from day to day for freezing temperatures, winter storm, blizzard, hurricane, tropical storm or excessive heat warnings, then execution must finish within 5 days after conditions end.
Can the tenant redeem?
Yes, with a limit. Under 8-401(h), after a judgment for possession in a nonpayment case, the tenant may tender, in cash, certified check or money order, all past due amounts the court determined plus court costs and fees at any time before the eviction is actually carried out. A check from a government entity counts. The right does not apply if three judgments of possession for unpaid rent were entered against the tenant in the prior 12 months. Either side may appeal within 4 days, and a tenant stays execution of the judgment only by posting a bond.
How DoorKeeping handles it
DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
- Maryland Code, Real Property 8-401 (Failure to pay rent; summary ejectment), read Oct 30, 2026
- Maryland Code, Real Property 8-402 (Holding over), read Oct 30, 2026
Questions
- What notice do I give before filing for unpaid rent in Maryland?
- A written notice on the Maryland Judiciary form saying you will file if the tenant does not cure within 10 days (Real Property 8-401(c)).
- When is the Maryland trial for unpaid rent?
- The summons sets trial for the fifth day after the complaint is filed (8-401(b)).
- Can a Maryland tenant stop the eviction after judgment?
- Often. The tenant can pay all past due amounts the court found, plus costs and fees, any time before the eviction is carried out, unless three judgments for unpaid rent were entered in the prior 12 months (8-401(h)).