Maryland Eviction Notice Requirements
Maryland requires written notice before most evictions. For unpaid rent, Real Property § 8-401 requires a written notice of intent to file on a form created by the Maryland Judiciary, giving the tenant 10 days to pay. For a breach of a lease that allows early repossession, § 8-402.1 requires 30 days' written notice, or 14 days when the breach involves a clear and imminent danger of serious harm. Ending a month-to-month tenancy takes 60 days' written notice under § 8-402.
The nonpayment notice may be sent by first-class mail with a certificate of mailing, affixed to the door, or sent by email, text or tenant portal if the tenant has chosen electronic delivery. The landlord's court complaint must state the date the notice was provided, and the tenant can challenge that date. Keep a copy of the notice and proof of how it was delivered.
If the tenant doesn't pay, cure or move out, the landlord files a case in District Court. In nonpayment cases, a tenant can redeem the tenancy by paying all past-due amounts and court costs before the eviction is carried out, unless three judgments for unpaid rent were entered in the prior 12 months. Under § 8-216, a landlord may not lock out a tenant or cut off heat, water, electricity or gas; possession may be taken only through a warrant of restitution executed by a sheriff or constable.
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Maryland: common questions
What notice does a Maryland landlord give before filing for rent?
A written notice of intent to file, using the form created by the Maryland Judiciary. The tenant has 10 days after the notice is provided to pay. The notice can be mailed with a certificate of mailing, posted on the door, or sent electronically if the tenant opted in.
How much notice for a lease violation in Maryland?
Thirty days' written notice under § 8-402.1, when the lease allows the landlord to repossess for a breach. If the breach involves behavior that shows a clear and imminent danger of serious harm to people or property, the notice period is 14 days. The court must find the breach substantial and that it warrants eviction.
How much notice ends a Maryland month-to-month tenancy?
At least 60 days' written notice before the end of the tenancy, under § 8-402. A 30-day period can apply when the landlord has received certain foreclosure-related notices, but that exception doesn't apply in Baltimore City or Montgomery County or to landlords who offer five or more units for rent in Maryland.
Can a Maryland tenant stop an eviction by paying?
In most nonpayment cases, yes. Under § 8-401, a tenant can pay all past-due amounts set by the court plus court costs and fees at any time before the eviction is carried out. The right doesn't apply to a tenant who had three judgments for unpaid rent entered in the 12 months before the case was filed.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Maryland | 10 days | 30 days | 60 days |
| Delaware | 7 days | 7 days | 60 days |
| District of Columbia | 10 days | 30 days | See statute |
| Pennsylvania | 10 days | See statute | 15 days |
| Virginia | 14 days | 21 days | 30 days |
| West Virginia | See statute | See statute | See statute |
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