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Description:
action that a landlord may take against
a tenant. |
Tenant
fails to pay rent. Landlord seeks eviction & monetary
damages.
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| Preliminary
Action |
None. |
File
Form and pay fees
Fill
out forms carefully; inaccurate information, such as wrong
name or address, may cause case to be dismissed or delayed.
|
File
Failure to Pay Rent (DC/CV82).File in county where property
is located. May file any time after rent is past due. |
Serve
Notice
How
to serve a notice legally |
Serve
notice; court mails copies to landlord, tenant & sheriff
or constable. |
| Court
Appearance |
Parties
must appear in court. |
| Post-judgment |
If
landlord wins, judgment for possession may be entered.
Warrant for Eviction may be entered after 4 business days.
If money judgment obtained, judgment must be recorded. |
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| Description: action
that a landlord may take against a tenant. |
Tenant
refuses to leave (holds over). Landlord seeks eviction & monetary
damages. |
|
Preliminary
Action:
landlord
must prove action was legally taken. Documentation must be
presented in court.
|
Landlord
must notify tenant in writing to vacate property; must prove
tenant clearly understood notice. Time restrictions apply. |
|
File
Form and pay fees:
Fill
out forms carefully; inaccurate information, such as wrong
name or address, may cause case to be dismissed or delayed.
|
File
Complaint and Summons Against a Tenant Holding Over (DC/CV80).
Complaint must include copy of notice sent to tenant.File
in county where property is located. May file any time after
rent is past due. |
Serve
Notice
How
to serve a notice legally |
Serve
notice. Notice must include copy of letter sent in preliminary
action and proof that notice was served legally. |
| Court
Appearance |
Parties
must appear in court. |
Post-judgment
Collection
of any judgment is the responsibility of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord wins, Warrant for Eviction may be issued immediately
without waiting period.
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|
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| Description: action
that a landlord may take against a tenant. |
Tenant
breaches lease. Landlord seeks eviction for violating lease. |
Preliminary
Action:
landlord must prove action was legally
taken. Documentation must be presented in court.
|
Landlord
must notify tenant in writing to vacate property; must prove
tenant clearly understood notice. Must give 30 days notice. |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed.
|
File
Complaint and Summons Against Tenant in Breach of Lease (DC/CV
85). Complaint must include copy of notice sent to tenant.
|
Serve
Notice
How
to serve a notice legally
|
Serve
notice. Notice must include copy of letter sent in preliminary
action and proof that notice was served legally.
|
| Court
Appearance |
Parties
must appear in court. |
Post
judgment
Collection of any judgment is the responsibility
of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord wins, Warrant for Eviction may be issued immediately
without waiting period.
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Top
of page
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| Description: action
that a landlord may take against a tenant. |
Tenant
breaches lease. Landlord seeks eviction for violating lease.
Action is taken against occupant who may have entered property
with permission (roommate, family member) or
without permission (squatter) but refuses to leave. Action taken by
legal owner or holder of lease. |
Preliminary
Action:
|
None |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed.
|
File
Complaint for Wrongful Detainer (DC/CV89).
|
Serve
Notice
How
to serve a notice legally
|
Serve
notice. |
| Court
Appearance |
Parties
must appear in court. |
Post-judgment
Collection of any judgment is the responsibility
of the landlord. (See: Post-Judgment for
more information on collection options.) |
If
landlord/owner wins, Warrant for Eviction may be issued immediately
without waiting period.
|
|
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| Description: action
that a landlord may take against a tenant. |
Eviction
of tenant |
Preliminary
Action:
landlord must prove action was legally
taken. Documentation must be presented in court.
|
Before
filing for eviction, landlord must obtain judgment. Must
wait 4 business days after judgment to file. |
File
Form and pay fees:
Fill out forms carefully; inaccurate
information, such as wrong name or address, may cause case
to be dismissed or delayed.
|
Files
Petition for Warrant of
Restitution (DC/CV81).
|
Serve
Notice
How
to serve a notice legally
|
Serve
notice. Copy sent to tenant and sheriff. Note: this is the
only copy sent to tenant.
|
| Court
Appearance |
No
court appearance required. Schedule eviction. |
Post-judgment
|
No
eviction can be ordered more than 60 days after judgment.
Eviction cannot take place on Sunday or holiday. Sheriff
must be present during eviction.
While the landlord is not responsible for notifying the tenant of the time
of eviction, it is practical to do so as it gives the tenant the opportunity
to remove personal property prior to eviction. Once property is removed
from the premise, the tenant is responsible for its safety. |
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How
to Serve Notice
The summons/complaint must be delivered or “served” to the person
named in the court process within a specified time-frame and in a legal manner.
Notice may be served with:
1. Sheriff or constable posting form in a conspicuous place, usually on the
door of rented property; and by first-class mail sent by sheriff or constable.
2. Personal service, where sheriff or constable attempts to personally deliver
notice to tenant. Personal service requires an additional fee; personal service
must be used if monetary judgment is sought.
Do I need a lawyer?
An attorney may be helpful in advising you about your case and representing
you. However, individuals are not required to have a lawyer. Many individuals
who bring cases before the District Court represent themselves. Except in certain
types of landlord/tenant disputes, corporations and other business entities
are required to be represented by an attorney.
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What
happens in court?
If both the landlord and tenant appear, the court may:
• listen to both parties present their version of the dispute. If the court
rules in favor of the landlord, the court may issue an Order of Possession. In
certain limited circumstances, the court may enter a monetary judgment in the
amount of the rent due and the costs of the suit
• postpone the trial to allow either party to obtain necessary witnesses
If one party doesn’t appear, the court may postpone the trial, issue
a judgment, or dismiss the case.
What
should I bring to court?
Both parties should bring all court documents and evidence to support their
respective claims. Evidence may include copies of the lease, letters, photographs
and other appropriate documents.
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How
do I request a postponement?
Requests for a postponement by either the landlord or tenant must be made in
writing before the trial date. A copy of the request must be mailed to the
opposing party.
Can
the tenant be evicted if the rent is paid?
In most cases the tenant cannot be evicted if the amount the court decided
was due, plus court costs, is paid prior to the eviction. Payment to the landlord
must be in cash, certified check or money order.
Exceptions: If a tenant has had three judgments
of possession (four judgments in Baltimore City) filed against
him/her during the twelve months before the current suit, a landlord
may request that the court deny the tenant’s right to redeem
the property. The landlord must provide the court with a list of
prior case numbers and judgment dates. If the judge grants the
request, the tenant may be evicted even if he/she pays the rent
due.
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Can
a tenant who cannot pay obtain assistance?
Any tenant who cannot pay past due rent should talk to his/her landlord and
attempt to work out a reasonable schedule of payments. The Department of Social
Services may help.
How
is a case appealed?
The tenant and the landlord have the right to appeal a judgment. To appeal,
an Order of Appeal must be filed within the applicable time limits, usually
no more than four business days; check with clerk for time frame. The appeal,
however, will be heard in circuit court.
When
a tenant files the appeal, a bond is required to delay payment
of judgment. This does not, however, stay payment of the rent;
rent is still due. The landlord may file another claim for rent
due during the time the appeal is being processed.
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